Document ID: chunk:federal_register_of_legislation:F2016C00607:schedule:1:p16
Version: federal_register_of_legislation:F2016C00607
Segment Type: schedule
Provision Reference: sch 1 (pt 16/32)
Character Range: 50786–54025

System Operator must notify in writing:
                (i)                     the healthcare recipient from whose My Health Record the record was effectively removed; and
                (ii)                   the entity that uploaded the record,
           specifying the reasons for its decision; and
           (b)                    the entity may upload a replacement record provided that:
                (i)                     at the time of uploading the replacement record, the entity is a participant in the My Health Record system; and
                (ii)                   the replacement record addresses the System Operator's concerns specified in the notice.
     (4)     Nothing in subrule (1) affects by implication the System Operator's functions or powers to manage the My Health Record system.

22.                  Transfer and disposal of records
     (1)     This rule applies to an entity that is, or at any time was, a registered repository operator or a registered portal operator.
     (2)     If the entity's registration under Division 3 of Part 3 of the Act is cancelled, the entity must not transfer or dispose of health records held by the entity for My Health Record purposes without the prior written approval of the System Operator.

          Part 4 Identity verification

23.                  Requirement for verified healthcare identifier
     (1)     For the purposes of paragraph 41(1)(c) of the Act, and paragraphs 3(1)(b) and 6(3)(c) of Schedule 1 to the Act, the System Operator must be satisfied that the healthcare recipient has a verified healthcare identifier.
     (2)     Subrule (1) does not limit the matters to which the System Operator may have regard when satisfying itself that the identity of a healthcare recipient has been appropriately verified.

24.                  Identity verification on ceasing to have an authorised representative
     (1)     For the purposes of paragraph 109(7)(b) of the Act, if a healthcare recipient ceases to have an authorised representative the System Operator must require the healthcare recipient to verify his or her identity before the healthcare recipient is able to take control of their My Health Record.
     (2)     Subrule (1) does not apply if the healthcare recipient has previously verified his or her identity with the System Operator.
     (3)     In deciding whether a healthcare recipient has verified his or her identity under subrule (1), the System Operator may have regard to any relevant matter.
           Note: Subrule 11(2) specifies when a healthcare recipient takes control of his or her My Health Record.

          Part 4A Classes of authorised representatives and nominated representatives not required to have an assigned healthcare identifier

     24A.             Authorised representatives who are professional representatives
     For the purposes of paragraph 6(6)(b) of the Act, a person who is a professional representative is not required to have been assigned a healthcare identifier to be an authorised representative of a healthcare recipient.

     24B.             Nominated representatives who are professional representatives
     For the purposes of paragraph 7(3)(b) of the Act, a person who is