Document ID: chunk:federal_register_of_legislation:C2018A00154:clause:1_6
Version: federal_register_of_legislation:C2018A00154
Segment Type: clause
Provision Reference: sch 1 cl 6
Character Range: 6239–7916

6  At the end of section 17
Add:

Destruction of records after cancellation on request
 (3) If the System Operator is required to cancel the registration of the healthcare recipient under subsection 51(1) (cancellation on request), the System Operator must destroy any record that includes health information that is included in the My Health Record of the healthcare recipient, other than the following information:
 (a) the name and healthcare identifier of the healthcare recipient;
 (b) the name and healthcare identifier of the person who requested the cancellation, if different from the healthcare recipient;
 (c) the day the cancellation decision takes effect under subsection 51(7).
 (4) The System Operator must comply with subsection (3):
 (a) as soon as practicable after the cancellation decision takes effect under subsection 51(7); or
 (b) if any of the following requirements apply before the records are destroyed under paragraph (a)—as soon as practicable after the conclusion of the matter to which the requirement relates:
 (i) a court order requires the System Operator not to destroy records of the healthcare recipient;
 (ii) the System Operator is required to disclose records of the healthcare recipient under section 69 or 69A;
 (iii) the System Operator is required to disclose records of the healthcare recipient under a law covered by subsection 65(3).
 (5) To avoid doubt, if the System Operator is required under subsection (3) to destroy a record that includes health information, the System Operator must also destroy the following:
 (a) any copy of the record;
 (b) any previous version of the record;
 (c) any back‑up version of the record.