Document ID: chunk:federal_register_of_legislation:F2016C00607:schedule:1:p15
Version: federal_register_of_legislation:F2016C00607
Segment Type: schedule
Provision Reference: sch 1 (pt 15/32)
Character Range: 47811–51146

must provide the participant with details of when the My Health Record System was unavailable.

19.                  Restriction on uploading records other than shared health summaries and advance care planning information
For the purposes of paragraph 45(b)(ii) of the Act, all records other than the following are specified:
           (a)                    shared health summaries; and
           (b)                    advance care planning information.
           Note 1: The Act and the My Health Records Regulation 2012 place restrictions on the uploading of records to the My Health Record system.
           Note 2: Clinical care plans, as described in The Advance Care Directives Framework September 2011, may be uploaded to the My Health Record system in the same way as any other clinical document.

20.                  Restriction on uploading records prepared by healthcare providers whose registration or membership is suspended, cancelled, etc.
For the purposes of subparagraphs 45(ba)(i) and (ii) of the Act, a healthcare provider organisation may upload to a repository a record prepared by an individual whose registration or membership is, at the time the record is prepared, suspended because the individual's registration or membership fees are less than six month's overdue.

21.                  Effective removal of records
     (1)     The System Operator may effectively remove, or may direct a participant in the My Health Record system to effectively remove, a record in the My Health Record system to the extent that the System Operator reasonably considers that:
           (a)                    the record contains a defamatory statement;
           (b)                    the record affects, or is likely to affect, the security, integrity or operations of the My Health Record system; or
           (c)                    both the following are satisfied:
                (i)                     the record was uploaded in contravention of paragraph 45(ba) of the Act; and
                (ii)                   the record should be effectively removed to reduce the clinical risk that is, or may be, faced by a healthcare recipient if the record is not effectively removed.
           Example: The System Operator may decide to effectively remove a record under paragraph 1(c) where the authoring individual healthcare provider's registration with the national registration authority has been suspended for professional negligence, and the System Operator considers that effectively removing the record would reduce the clinical risk faced by the healthcare recipient about whom the record relates.
     (2)     A participant in the My Health Record system who is given a direction under subrule (1) must comply with the direction.
     (3)     Where the System Operator effectively removes, or directs a participant in the My Health Record system to effectively remove, a record under subrule (1):
           (a)                    the 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