Document ID: chunk:federal_register_of_legislation:C2025A00008:clause:1_19ae:p1
Version: federal_register_of_legislation:C2025A00008
Segment Type: clause
Provision Reference: sch 1 cl 19AE (pt 1/3)
Character Range: 51486–54170

19AE  My Health Record—approval of period during which sharing with the My Health Record system is not required

Scope
 (1) This section applies in relation to an entity (within the meaning of the My Health Records Act 2012) that is:
 (a) a person who renders a professional service for which the person is specified in the upload rules for the purposes of subsection 19AD(1); or
 (b) a person on whose behalf a professional service for which the person is specified in the upload rules for the purposes of subsection 19AD(1) is rendered; or
 (c) an associate of a person in relation to a professional service for which the person is specified in the upload rules for the purposes of subsection 19AD(1).

Application
 (2) An entity may apply to the My Health Record System Operator to approve a period during which the entity is not required to share information with the My Health Record system.
 (3) The application must:
 (a) be in the form approved, in writing, by the My Health Record System Operator; and
 (b) include, or be accompanied by, the information and documents required by the form; and
 (c) be lodged at a place, or by a means, specified in the form.
Note: The My Health Record System Operator may approve the same form, and use the same process, for the purposes of this section and section 78B of the My Health Records Act 2012.

Further information may be required
 (4) If an entity makes an application under subsection (2), the My Health Record System Operator may, by notice in writing, require the entity to give the My Health Record System Operator, within the period specified in the notice, such further information in relation to the application as the My Health Record System Operator requires.
 (5) The My Health Record System Operator is not required to decide the application, and may cease considering the application, if the entity does not provide the required information within the period specified in the notice.

Approval by My Health Record System Operator
 (6) On application under subsection (2) or on the My Health Record System Operator's initiative, the My Health Record System Operator may, by written notice to an entity, approve a period during which the entity is not required to share information with the My Health Record system.
 (7) In deciding whether to approve the period, the My Health Record System Operator must take into account the following:
 (a) the entity's size and technological readiness;
 (b) the potential disruption (if any) to the provision of healthcare if the entity does not share information with the My Health Record system;
 (c) any other matter the My Health Record System Operator considers relevant.
 (8)