Document ID: chunk:federal_register_of_legislation:C2025C00099:section:5:p4
Version: federal_register_of_legislation:C2025C00099
Segment Type: section
Provision Reference: s 5 (pt 4/6)
Character Range: 26929–29720

by section 7.
parental responsibility: a person has parental responsibility for a healthcare recipient (the child) if, and only if:
 (a) the person:
 (i) is the child's parent (including a person who is presumed to be the child's parent because of a presumption (other than in section 69Q) in Subdivision D of Division 12 of Part VII of the Family Law Act 1975); and
 (ii) has not ceased to have parental responsibility for the child because of an order made under the Family Law Act 1975 or a law of a State or Territory; or
 (b) under a parenting order (within the meaning of the Family Law Act 1975):
 (i) the child is to live with the person; or
 (ii) the child is to spend time with the person; or
 (iii) the person is responsible for the child's long‑term or day‑to‑day care, welfare and development; or
 (c) the person is entitled to guardianship or custody of, or access to, the child under a law of the Commonwealth, a State or a Territory.
Note: The presumptions in the Family Law Act 1975 include a presumption arising from a court finding that a person is the child's parent, and a presumption arising from a man executing an instrument under law acknowledging that he is the father of the child.
participant in the My Health Record system means any of the following:
 (a) the System Operator;
 (b) a registered healthcare provider organisation;
 (c) the operator of the National Repositories Service;
 (d) a registered repository operator;
 (e) a registered portal operator;
 (f) a registered contracted service provider, so far as the contracted service provider provides services to a registered healthcare provider.
personal information has the same meaning as in the Privacy Act 1988.
prescribed healthcare provider organisation means a healthcare provider organisation that is:
 (a) a corporation to which paragraph 51(xx) of the Constitution applies; and
 (b) of a kind specified in the My Health Records Rules.
prohibited purpose has the meaning given by section 70A.
record includes a database, register, file or document that contains information in any form (including in electronic form).
Register has the meaning given by section 56.
registered contracted service provider means a contracted service provider that is registered under section 49.
registered healthcare provider organisation means a healthcare provider organisation that is registered under section 44.
registered healthcare recipient means a healthcare recipient who is registered under section 41.
registered portal operator means a person that:
 (a) is the operator of an electronic interface that facilitates access to the My Health Record system; and
 (b) is registered as a portal operator under section 49.
registered repository operator means a person that:
 (a) holds, or can hold, records of