Document ID: chunk:federal_register_of_legislation:C2015A00157:clause:1_9
Version: federal_register_of_legislation:C2015A00157
Segment Type: clause
Provision Reference: sch 1 cl 9
Character Range: 171830–173296

9  Authorisation for healthcare provider to upload health information
 (1) A registered healthcare provider organisation is authorised to upload to the My Health Record system any record that includes health information about a registered healthcare recipient, subject to the following:
 (a) express advice given by the healthcare recipient to the registered healthcare provider organisation that a particular record, all records or a specified class of records must not be uploaded;
 (b) a law of a State or Territory that is prescribed by the regulations for the purposes of subclause (3).
 (2) A registered healthcare provider organisation is authorised to upload to the My Health Record system a record in relation to a healthcare recipient (the patient) that includes health information about another healthcare recipient (the third party), if the health information about the third party is directly relevant to the healthcare of the patient, subject to a law of a State or Territory that is prescribed by the regulations for the purposes of subclause (3).
 (3) An authorisation referred to in subclause (1) or (2) has effect despite a law of a State or Territory that requires consent to the disclosure of particular health information:
 (a) given expressly; or
 (b) given in a particular way;
other than a law of a State or Territory prescribed by the regulations for the purposes of this subclause.

Subdivision B—Functions of the Chief Executive Medicare