19AEMy Health Record—approval of period during which sharing with the My Health Record system is not required

#### 19AE My Health Record—approval of period during which sharing with the My Health Record system is not required Scope (1) This section applies in relation to an entity (within the meaning of the My Health Records Act 2012) that is: (a) a person who renders a professional service for which the person is specified in the upload rules for the purposes of subsection 19AD(1); or (b) a person on whose behalf a professional service for which the person is specified in the upload rules for the purposes of subsection 19AD(1) is rendered; or (c) an associate of a person in relation to a professional service for which the person is specified in the upload rules for the purposes of subsection 19AD(1). Application (2) An entity may apply to the My Health Record System Operator to approve a period during which the entity is not required to share information with the My Health Record system. (3) The application must: (a) be in the form approved, in writing, by the My Health Record System Operator; and (b) include, or be accompanied by, the information and documents required by the form; and (c) be lodged at a place, or by a means, specified in the form. > Note: The My Health Record System Operator may approve the same form, and use the same process, for the purposes of this section and section 78B of the My Health Records Act 2012. Further information may be required (4) If an entity makes an application under subsection (2), the My Health Record System Operator may, by notice in writing, require the entity to give the My Health Record System Operator, within the period specified in the notice, such further information in relation to the application as the My Health Record System Operator requires. (5) The My Health Record System Operator is not required to decide the application, and may cease considering the application, if the entity does not provide the required information within the period specified in the notice. Approval by My Health Record System Operator (6) On application under subsection (2) or on the My Health Record System Operator’s initiative, the My Health Record System Operator may, by written notice to an entity, approve a period during which the entity is not required to share information with the My Health Record system. (7) In deciding whether to approve the period, the My Health Record System Operator must take into account the following: (a) the entity’s size and technological readiness; (b) the potential disruption (if any) to the provision of healthcare if the entity does not share information with the My Health Record system; (c) any other matter the My Health Record System Operator considers relevant. (8) An approval under subsection (6) is not a legislative instrument. Review of decisions (9) Section 97 (review of decisions) of the My Health Records Act 2012 applies to a decision under this section to refuse an application to approve a period. (10) An application under this section is resolved when the My Health Record System Operator has made a decision (the original decision) on the application and: (a) the original decision is to approve the application; or (b) no notice of the original decision is given because subsection 97(2A) of the My Health Records Act 2012 applies; or (c) no notice asking the My Health Record System Operator to reconsider the original decision is given within the period mentioned in subsection 97(4) of the My Health Records Act 2012; or (d) all of the following apply: (i) a notice asking the My Health Record System Operator to reconsider the original decision is given within the period mentioned in subsection 97(4) of the My Health Records Act 2012; (ii) the My Health Record System Operator reconsiders the original decision; (iii) no application is made to the Administrative Review Tribunal within the period mentioned in section 18 of the Administrative Review Tribunal Act 2024 for review of the My Health Record System Operator’s reconsideration decision; or (e) an application is made to the Administrative Review Tribunal within the period mentioned in section 18 of the Administrative Review Tribunal Act 2024 for review of the My Health Record System Operator’s reconsideration of the original decision, the Administrative Review Tribunal decides the application and one of the following applies: (i) subsection 123(1) of that Act does not apply in relation to the Administrative Review Tribunal’s decision; (ii) no application is made under section 123 of that Act within the period mentioned in section 125 of that Act to refer the Administrative Review Tribunal’s decision to the guidance and appeals panel; (iii) any application that is made under section 123 of that Act within the period mentioned in section 125 of that Act to refer the Administrative Review Tribunal’s decision to the guidance and appeals panel is refused; or (f) both of the following apply: (i) the President of the Administrative Review Tribunal refers the Administrative Review Tribunal’s decision on the application for review of the My Health Record System Operator’s reconsideration of the original decision to the guidance and appeals panel under section 123 of the Administrative Review Tribunal Act 2024; (ii) the Administrative Review Tribunal makes a decision on the guidance and appeals panel application taken to be made because of the referral. (11) An application under this section is resolved when the My Health Record System Operator ceases to consider the application under subsection (5).