Document ID: chunk:federal_register_of_legislation:F2016C00607:schedule:1:p13
Version: federal_register_of_legislation:F2016C00607
Segment Type: schedule
Provision Reference: sch 1 (pt 13/32)
Character Range: 42102–45316

safety.
     (2)     The suspension of access under subrule (1) is to continue until the earlier of the following:
           (a)                    30 days from the date on which access was suspended under subrule (1);
           (b)                    the day on which the System Operator is notified in writing by the authorised representative who lodged the notification in paragraph (1)(a) that there is no longer a risk to the individual's life, health or safety.
           Note 1: A decision to suspend access under rule 15 would not prevent a decision being made to suspend access under rule 14 if a claim about an authorised representative's eligibility is notified to the System Operator under subrule 14(1) within the 30 day period.  In such circumstances, access could, if necessary, continue to be suspended after the 30 day period specified in subrule 15(2) ends.
           Note 2: A decision to suspend access under rule 14 would not prevent a decision being made under subsection 51(1) of the Act to cancel or suspend a healthcare recipient's registration on request.

16.                  Effect of suspension or cancellation
Nothing in this Division affects:
           (a)                    a healthcare recipient's registration under the Act; or
           (b)                    the access control mechanisms that were in place for the healthcare recipient's My Health Record immediately before any suspension or cancellation of access to the healthcare recipient's My Health Record occurred.

          Part 3 Security, operations, administration and uploading records

17.                  Suspension of access in the case of risk to security, integrity or operation of My Health Record system
     (1)     If the System Operator considers that the security, integrity or operations of the My Health Record system have been, or may be, compromised, the System Operator may suspend access to the My Health Record system with immediate effect for an entity, or for a class or classes of:
           (a)                     healthcare recipients;
           (b)                    authorised representatives;
           (c)                    nominated representatives; or
           (d)                    participants in the My Health Record system.
     (2)     Without limiting subrule (1), the security, integrity or operations of the My Health Record system may be compromised if:
           (a)                    there is a security problem with the information technology systems of a participant in the My Health Record system, or with the credentials that enable a participant's identity to be authenticated in electronic communications;
           (b)                    there is an issue with verification of the identity of a healthcare recipient or their representative; or
           (c)                    a participant in the My Health Record system has failed to maintain interoperability in accordance with rules 31, 39 or 56.
     (3)     Where a participant in the My Health Record system has failed to maintain interoperability in accordance with rules 31, 39 or 56, the System Operator may suspend the participant's access to the My Health Record system in full or in