Document ID: chunk:federal_register_of_legislation:C2025A00008:clause:1_78a:p1
Version: federal_register_of_legislation:C2025A00008
Segment Type: clause
Provision Reference: sch 1 cl 78A (pt 1/2)
Character Range: 29207–32096

78A  Some information must be shared with the My Health Record system unless exception applies

Civil penalties
 (1) If:
 (a)  a prescribed healthcare provider organisation is:
 (i) a registered healthcare provider organisation; or
 (ii) an approved registered repository operator; and
 (b) healthcare of a kind specified in the My Health Records Rules for the healthcare provider organisation is provided to a healthcare recipient;
the healthcare provider organisation must share with the My Health Record system within the period specified in the My Health Records Rules the information specified in the My Health Records Rules for the kind of healthcare.
Civil penalty: 30 penalty units.
 (2) If:
 (a)  a prescribed healthcare provider organisation is:
 (i) a registered healthcare provider organisation; or
 (ii) an approved registered repository operator; and
 (b) a record of a kind specified in the My Health Records Rules for the healthcare provider organisation is created in relation to healthcare provided to a healthcare recipient;
the healthcare provider organisation must share with the My Health Record system within the period specified in the My Health Records Rules the information specified in the My Health Records Rules for the kind of record.
Civil penalty: 30 penalty units.

Exceptions
 (3) Subsections (1) and (2) do not apply if:
 (a) an upload exception applies in relation to the healthcare provider organisation sharing the information with the My Health Record system; or
 (b) another entity has shared the information with the My Health Record system; or
 (c) a law of a State or Territory prescribed by the regulations for the purposes of subsection 41(4) or subclause 9(3) of Schedule 1 prevents the healthcare provider organisation from sharing the information with the My Health Record system; or
 (d) the information is specified in the My Health Records Rules; or
 (e) the healthcare provider organisation is specified in the My Health Records Rules; or
 (f) the period within which the information is required to be shared with the My Health Record system ends:
 (i) during any upload suspension period determined under subsection (4); or
 (ii) during the period starting when the healthcare provider organisation applies to the System Operator under section 78B and ending when the application is finally determined; or
 (iii) during a period approved by the System Operator under section 78B in relation to the healthcare provider organisation; or
 (iv) during the period starting when the healthcare provider organisation applies to the System Operator under section 19AE of the Health Insurance Act 1973 and ending when the application is resolved (within the meaning of that Act); or
 (v) during a period approved by the System Operator under section 19AE of the Health Insurance Act 1973 in relation to the healthcare provider organisation.
Note