Healthcare Identifiers Act 2010

Part 1—Preliminary

1 Short title

This Act may be cited as the Healthcare Identifiers Act 2010.

2 Commencement

This Act commences on the day after this Act receives the Royal Assent.

3 Purpose of this Act

The purpose of this Act is to enable the safe and accurate exchange of information about healthcare and support services by: (a) assigning unique identifiers to healthcare providers and recipients; and (b) authorising the collection, use and disclosure of healthcare identifiers and identifying information by trusted entities for health, health‑related and health administration purposes; and (c) providing for a comprehensive Healthcare Provider Directory to facilitate communication between healthcare providers and manage information about healthcare and support services; and (d) providing for the making of data standards about health information and other clinical data.

3A Simplified outline of this Act

Under this Act, healthcare identifiers are assigned to healthcare recipients, individual healthcare providers, healthcare provider organisations and healthcare support service providers.

There are strict rules on:

(a) the verification of a person’s identity before a healthcare identifier is assigned; and

(b) the purposes for which a healthcare identifier can be collected, used and disclosed; and

(c) the purposes for which the identifying information of a healthcare recipient, an individual healthcare provider, a healthcare provider organisation or a healthcare support service provider can be collected, used and disclosed.

This Act facilitates the use of healthcare identifiers for the purposes of communicating and managing health information about a healthcare recipient (including through the My Health Record system) and for health administration purposes that support the delivery of healthcare and support services.

This Act also facilitates:

(a) the creation of a Healthcare Provider Directory, to allow healthcare providers to check the professional and business details of healthcare providers; and

(aa) the making of data standards about health information and other clinical data; and

(b) the use of authenticated electronic communications by healthcare providers.

4 Act to bind the Crown

(1) This Act binds the Crown in right of the Commonwealth, of the States, of the Australian Capital Territory and of the Northern Territory.

Note: The Minister must, in certain circumstances, declare that certain provisions of this Act do not apply to the public bodies of a specified State or Territory: see subsection 37(4).

(2) This Act does not make the Crown liable to be prosecuted for an offence.

4A External Territories

This Act extends to every external Territory.

5 Definitions

(1) In this Act:

Aged Care Department means the Department administered by the Aged Care Minister.

Aged Care Minister means the Minister administering the Aged Care Act 2024.

Australian law has the same meaning as in the Privacy Act 1988.

authorised representative of a healthcare recipient has the same meaning as in the My Health Records Act 2012.

Chief Executive Medicare has the same meaning as in the Human Services (Medicare) Act 1973.

civil penalty provision has the same meaning as in the Regulatory Powers Act.

contracted service provider, of a healthcare provider or a health administration entity, means an entity that provides:

(a) information technology services relating to the communication of health information; or
(b) health information management services; or
(c) business or administrative support to assist in the delivery of healthcare, support services or health administration;

to the healthcare provider or health administration entity under a contract with the healthcare provider or health administration entity.

court/tribunal order has the same meaning as in the Privacy Act 1988.

data standard means a data standard made under subsection 31AC(1).

date of birth accuracy indicator means a data element that is used to indicate how accurate a recorded date of birth is.

date of death accuracy indicator means a data element that is used to indicate how accurate a recorded date of death is.

Defence Department means the Department that:

(a) deals with matters arising under section 1 of the Defence Act 1903; and
(b) is administered by the Minister who administers that section.

employee, of an entity, includes:

(a) an individual who provides services for the entity under a contract for services; or
(b) an individual whose services are made available to the entity (including services made available free of charge).

entity means:

(a) a person; or
(b) a partnership; or
(c) any other unincorporated association or body; or
(d) a trust; or
(e) a part of another entity (under a previous application of this definition).

funded aged care service has the same meaning as in the Aged Care Act 2024.

health administration: see section 7A.

health administration entity means an entity, or an entity included in a class of entities, determined by the Minister under subsection 7B(1).

healthcare means health service within the meaning of subsection 6(1) of the Privacy Act 1988.

healthcare identifier has the meaning given by section 9.

healthcare provider means:

(a) an individual healthcare provider; or
(b) a healthcare provider organisation; or
(c) a healthcare support service provider.

Healthcare Provider Directory has the meaning given by subsection 31(1).

Healthcare Provider Directory Operator has the meaning given by section 6A.

healthcare provider organisation means an entity, or a part of an entity, that has conducted, conducts, or will conduct, an enterprise that provides healthcare (including healthcare provided free of charge).

Note: Example: A public hospital, or a corporation that runs a medical centre.

healthcare recipient means an individual who has received, receives, or may receive, healthcare or a support service.

healthcare support service provider means an entity that:

(a) provides:
(i) healthcare; or
(ii) a support service; and
(b) does not, in the ordinary course of business, employ an individual employee who satisfies subsection 9(2) or paragraph 9A(1)(a), (b) or (c).

Health Chief Executives Forum has the same meaning as in the My Health Records Act 2012.

health information has the meaning given by subsection 6(1) of the Privacy Act 1988.

Human Research Ethics Committee has the meaning given by:

(a) the National Statement on Ethical Conduct in Human Research issued in March 2007 by the Chief Executive Officer of the National Health and Medical Research Council under the National Health and Medical Research Council Act 1992; or
(b) if that Statement is amended—that Statement as amended.

Note: In 2010, the text of the Statement was accessible through the National Health and Medical Research Council website (www.nhmrc.gov.au).

identified healthcare provider means:

(a) an identified healthcare provider organisation; or
(b) an identified healthcare support service provider; or
(c) an identified individual healthcare provider.

identified healthcare provider organisation means a healthcare provider that has been assigned a healthcare identifier under paragraph 9(1)(a) on the basis of subsection 9A(2), (3) or (9) (which deal with healthcare provider organisations).

identified healthcare support service provider means a healthcare provider that has been assigned a healthcare identifier under paragraph 9(1)(a) on the basis of subsection 9BA(1) (which deals with healthcare support service providers that are not otherwise eligible to be assigned a healthcare identifier).

identified individual healthcare provider means a healthcare provider that has been assigned a healthcare identifier under:

(a) paragraph 9(1)(a) on the basis of subsection 9A(1) (which deals with healthcare identifiers assigned to individuals by the service operator); or
(b) subsection 9(2) (which deals with healthcare identifiers assigned to individuals by a national registration authority).

identifying information has the meaning given by section 7.

individual healthcare provider means an individual who:

(a) has provided, provides, or is to provide, healthcare; or
(b) is registered by a registration authority as a member of a particular health profession.

law includes:

(a) an Act or legislative instrument; or
(b) an Act or legislative instrument of a State or Territory.

linked: an individual healthcare provider is linked to a healthcare provider organisation if:

(a) the individual healthcare provider is an employee of the healthcare provider organisation; or
(b) the healthcare provider organisation provides services or facilities to the individual healthcare provider, to facilitate the provision of healthcare by the individual healthcare provider.

Ministerial Council means a body (however described) that consists of the Minister of the Commonwealth, and the Minister of each State and Territory, who is responsible, or principally responsible, for matters relating to health.

My Health Record has the same meaning as in the My Health Records Act 2012.

My Health Records Act means the My Health Records Act 2012.

My Health Record system has the same meaning as in the My Health Records Act 2012.

My Health Record System Operator means the System Operator within the meaning of the My Health Records Act 2012.

National Disability Insurance Agency has the same meaning as in the NDIS Act.

national registration authority has the meaning given by section 8.

NDIS Act means the National Disability Insurance Scheme Act 2013.

network of healthcare provider organisations has the meaning given by subsection 9A(4).

network organisation within a network has the meaning given by subsection 9A(6).

nominated representative of a healthcare recipient has the same meaning as in the My Health Records Act 2012.

organisation maintenance officer:

(a) for a healthcare provider organisation—has the meaning given by subsection 9A(8); and
(b) for a healthcare support service provider—has the meaning given by subsection 9BA(3).

participant in the My Health Record system has the same meaning as in the My Health Records Act 2012.

personal information has the same meaning as in the Privacy Act 1988.

professional body means an organisation that:

(a) is a separate legal entity under a law of the Commonwealth or a State or Territory; and
(b) has all of the following characteristics:
(i) represents members or individuals to whom it provides credentials (or both);
(ii) has enough members, or provides credentials for enough individuals, to be considered representative of the healthcare profession practised by the individuals it represents;
(iii) sets and publishes standards of practice and ethical conduct for, and aims to maintain the standing of, the healthcare profession practised by the individuals it represents.

registered NDIS provider has the same meaning as in the NDIS Act.

registered portal operator has the same meaning as in the My Health Records Act 2012.

registered repository operator has the same meaning as in the My Health Records Act 2012.

registration authority means an entity that is responsible under a law for registering members of a particular health profession.

Regulatory Powers Act means the Regulatory Powers (Standard Provisions) Act 2014.

responsible officer:

(a) for a healthcare provider organisation—has the meaning given by subsection 9A(7); and
(b) for a healthcare support service provider—has the meaning given by subsection 9BA(2).

retirement, for a healthcare provider organisation’s or a healthcare support service provider’s healthcare identifier, means a state imposed by the service operator on the healthcare identifier so that it may no longer be used by the healthcare provider organisation or the healthcare support service provider to identify the healthcare provider organisation or the healthcare support service provider, as the case requires.

Secretary means the Secretary of the Department.

seed organisation for a network has the meaning given by subsection 9A(5).

service operator has the meaning given by section 6.

sole practitioner means a person who is both an individual healthcare provider and a healthcare provider organisation.

State or Territory authority has the meaning given by the Privacy Act 1988.

subcontracted service provider, of a healthcare provider, means an entity:

(a) that is a party to a contract (the subcontract) with a contracted service provider for the healthcare provider; and
(b) who is responsible under the subcontract for the provision of:
(i) information technology services relating to the communication of health information; or
(ii) health information management services;

to the healthcare provider, or to the contracted service provider for the healthcare provider.

support service means any of the following:

(a) a funded aged care service;
(b) a support or service provided by a registered NDIS provider under the NDIS Act;
(c) a support or service, or a support or service included in a class of supports or services, prescribed by the regulations.

under this Act includes under the regulations.

Veterans’ Affairs Department means the Department that:

(a) deals with matters arising under:
(i) section 1 of the Australian Participants in British Nuclear Tests and British Commonwealth Occupation Force (Treatment) Act 2006; or
(ii) section 1 of the Military Rehabilitation and Compensation Act 2004; or
(iia) section 1 of the Treatment Benefits (Special Access) Act 2019; or
(iii) section 1 of the Veterans’ Entitlements Act 1986; and
(b) is administered by the Minister who administers that section.

(2) To avoid doubt, a healthcare provider is not an identified healthcare provider throughout any period when the healthcare identifier assigned to the healthcare provider is in a state of retirement.

6 Identity of service operator

The service operator is: (a) the Chief Executive Medicare; or (b) if a body established by a law of the Commonwealth is prescribed by the regulations to be the service operator—that body.

Note: Section 33 provides that the Minister must consult with the Ministerial Council before making regulations.

6A Identity of Healthcare Provider Directory Operator

The Healthcare Provider Directory Operator is: (a) the service operator; or (b) if a body established by a law of the Commonwealth is prescribed by the regulations to be the Healthcare Provider Directory Operator—that body.

Note: Section 33 provides that the Minister must consult with the Ministerial Council before making regulations.

7 Meaning of identifying information

(1) Each of the following is identifying information of a healthcare provider who is an individual, if the service operator or Healthcare Provider Directory Operator requires it for the purpose of performing the service operator’s or Healthcare Provider Directory Operator’s (as the case may be) functions under this Act in relation to the healthcare provider: (a) the name of the healthcare provider; (b) the address of the healthcare provider; (ba) the email address, telephone number and fax number of the healthcare provider; (c) the date of birth, and the date of birth accuracy indicator, of the healthcare provider; (d) the sex of the healthcare provider; (e) the type of healthcare provider that the individual is; (f) if the healthcare provider is registered by a registration authority—the registration authority’s identifier for the healthcare provider and the status of the registration (such as conditional, suspended or cancelled); (g) other information that is prescribed by the regulations for the purpose of this paragraph. (2) Each of the following is identifying information of a healthcare provider that is not an individual, if the service operator or Healthcare Provider Directory Operator requires it for the purpose of performing the service operator’s or Healthcare Provider Directory Operator’s (as the case may be) functions under this Act in relation to the healthcare provider: (a) the name of the healthcare provider; (b) the address of the healthcare provider; (ba) the email address, telephone number and fax number of the healthcare provider; (c) if applicable, the ABN (within the meaning of the A New Tax System (Australian Business Number) Act 1999) of the healthcare provider; (d) if applicable, the ACN (within the meaning of the Corporations Act 2001) of the healthcare provider; (e) other information that is prescribed by the regulations for the purpose of this paragraph. (3) Each of the following is identifying information of a healthcare recipient, if the service operator requires it for the purpose of performing the service operator’s functions under this Act in relation to the healthcare recipient: (a) if applicable, the Medicare number of the healthcare recipient; (b) if applicable, the Veterans’ Affairs Department file number of the healthcare recipient; (c) the name of the healthcare recipient; (d) the address of the healthcare recipient; (e) the date of birth, and the date of birth accuracy indicator, of the healthcare recipient; (f) the sex of the healthcare recipient; (g) for a healthcare recipient who was part of a multiple birth—the order in which the healthcare recipient was born;

Example: The 2nd of twins.

(h) if applicable, the date of death, and the date of death accuracy indicator, of the healthcare recipient;
(i) other information that is prescribed by the regulations for the purpose of this paragraph.

7A Meaning of health administration

(1) In this Act, health administration means any of the following: (a) the creation and maintenance of a record about healthcare or support services provided to a healthcare recipient; (b) assessing a healthcare recipient’s level of, need for or access to healthcare or support services; (c) monitoring an individual’s level of, need for or access to healthcare or health programs or support services; (d) reporting on an individual’s level of, need for or access to healthcare or health programs or support services; (e) verifying healthcare identifiers and identifying information, including for the purposes of providing healthcare or support services; (f) the creation and maintenance of a record about any of the following: (i) a healthcare recipient’s participation in health related programs; (ii) support services that are being, are to be, or have been provided to a healthcare recipient; (g) the governance and operation of health and health related programs and registries, including oversight, reporting, administration, complaints handling, billing and payment of costs or claims associated with the provision of healthcare and support services; (h) health surveillance activities including, but not limited to, contact tracing, and monitoring, analysing and disseminating data for the purposes of implementing public health responses; (i) monitoring or analysis (or both) of individual or system‑wide healthcare or support services needs, demands, performance and outcomes, including, but not limited to the following: (i) by means of statistical research, data and reporting services; (ii) to inform health workforce planning and management; (iii) for other population health purposes; (iv) to inform reporting on, or responses to, an adverse health event; (j) linking or connecting data about healthcare recipients and or healthcare providers across different data sets. (2) For the purposes of subparagraph (1)(i)(iv), an adverse health event is an event, act or omission related to the provision of healthcare to a healthcare recipient that results in, may result in, or could have resulted in, an unintended or harmful effect on the safety, health or welfare of the healthcare recipient.

7B Minister may determine health administration entities

(1) The Minister may determine, in writing, that an entity, or an entity included in a class of entities, is a health administration entity. (2) A determination made under subsection (1) is a legislative instrument. (3) Before the Minister makes a determination under subsection (1), the Minister must consult an appropriate subcommittee of the Ministerial Council. (4) A failure to consult does not affect the validity of the determination. (5) The Minister may, in writing, delegate the power to make a determination under subsection (1) to: (a) the Secretary of the Department; or (b) an SES employee, or acting SES employee, in the Department. (6) In exercising any powers under a delegation under this section, the delegate must comply with any directions of the Minister.

Note: Sections 34AA to 34A of the Acts Interpretation Act 1901 contain provisions relating to delegations.

8 Meaning of national registration authority

A national registration authority is a registration authority that is prescribed by the regulations for the purposes of this section.

Part 2—Assigning healthcare identifiers

9AA Simplified outline of this Part

Healthcare identifiers are assigned to healthcare recipients, individual healthcare providers, healthcare provider organisations and healthcare support service providers.

The service operator assigns healthcare identifiers to healthcare recipients. A national registration authority will usually assign a healthcare identifier to an individual healthcare provider, although there are a number of cases in which a healthcare provider is not registered by such an authority. In those cases, the healthcare identifier is assigned by the service operator. The service operator assigns a healthcare identifier to a healthcare provider organisation.

For a healthcare provider organisation to be assigned a healthcare identifier, the organisation must have at least one employee who is an individual healthcare provider providing healthcare as part of his or her duties, a responsible officer and an organisation maintenance officer. The responsible officer may also be the organisation maintenance officer. If the organisation is part of, or subordinate to, another healthcare provider organisation, it need not have its own responsible officer.

For a healthcare support service provider to be assigned a healthcare identifier, the provider must not otherwise be eligible, must have a responsible officer and must meet any other prescribed requirements.

A sole practitioner may be registered as a healthcare provider organisation.

If the service operator refuses to assign a healthcare identifier, a person whose interests are affected by the decision may ask the service operator to reconsider the decision. A person may apply to the Administrative Review Tribunal for review of the service operator’s reconsidered decision.

The service operator must keep a record of the healthcare identifiers assigned, and other information relating to the healthcare identifiers including details of requests to the service operator to disclose a healthcare identifier.

9 Assigning healthcare identifiers

(1) The service operator is authorised to assign a number (a healthcare identifier) to uniquely identify: (a) a healthcare provider to whom section 9A or 9BA applies; or (b) a healthcare recipient. (2) A national registration authority is authorised to assign a number (a healthcare identifier) to uniquely identify a healthcare provider, if: (a) the healthcare provider is an individual who is a member of a particular health profession; and (b) the national registration authority is responsible under a law for registering members of that health profession. (3) The types of healthcare identifiers include: (a) an identifier that is assigned to an individual healthcare provider; and (b) an identifier that is assigned to a healthcare provider organisation; and (ba) an identifier that is assigned to a healthcare support service provider; and (c) an identifier that is assigned to a healthcare recipient.

Note: A sole practitioner may be assigned:

(a) a healthcare identifier of the type mentioned in paragraph (3)(a); and
(b) a different healthcare identifier of the type mentioned in paragraph (3)(b).

(4) In exercising a power under subsection (1), the service operator is not required to consider whether a healthcare provider or healthcare recipient agrees to having a healthcare identifier assigned to the healthcare provider or healthcare recipient. (6) A healthcare identifier of a healthcare recipient or of an individual healthcare provider is a government related identifier for the purposes of the Privacy Act 1988.

9A Classes of healthcare provider that may be assigned a healthcare identifier by the service operator—individual healthcare providers and healthcare provider organisations

Healthcare identifiers for individual healthcare providers (1) The service operator may, under paragraph 9(1)(a), assign a healthcare identifier to an individual healthcare provider if: (a) the individual healthcare provider is registered by a registration authority as a member of a health profession; or (b) the individual healthcare provider is represented by a professional body through which the individual healthcare provider is: (i) provided with the credentials required to practice the healthcare profession, having regard to the admission requirements and tertiary qualifications set by the professional body, which must be a qualification at level 7 or above of the Australian Qualifications Framework (within the meaning of the Higher Education Support Act 2003) or at an equivalent level prescribed by the regulations; and (ii) regulated and subject to oversight by the professional body that satisfies the requirements of subsection (11); or (c) the individual healthcare provider is included in a class of individual healthcare providers prescribed by the regulations. Healthcare identifiers for a healthcare provider organisation that is a seed organisation, or is not part of a network (2) The service operator may, under paragraph 9(1)(a), assign a healthcare identifier to a healthcare provider organisation that is a seed organisation for a network, or that is not part of a network, if: (a) at least one of the linked individual healthcare providers of the organisation is an individual who: (i) is an identified healthcare provider; and (ii) provides healthcare as part of his or her duties or with the support, or using the facilities, of the organisation; and (b) one, and only one of the employees of the organisation is the responsible officer for the organisation; and (c) either: (i) the organisation has at least one other employee who is an organisation maintenance officer for the organisation; or (ii) the responsible officer for the organisation is also the organisation maintenance officer for the organisation. Healthcare identifiers for network organisations (3) The service operator may, under paragraph 9(1)(a), assign a healthcare identifier to a healthcare provider organisation that is a network organisation within a network if: (a) the seed organisation for the network: (i) has been assigned a healthcare identifier that has not been retired; and (ii) does not object to the network organisation being assigned a healthcare identifier under this subsection; and (b) the responsible officer for the seed organisation for the network is also the responsible officer for every network organisation within the network; and (c) there is an organisation maintenance officer for the network organisation; and (d) the organisation maintenance officer for the network organisation is: (i) an employee of the network organisation (the first network organisation); or (ii) an employee of the seed organisation for the network; or (iii) an employee of another network organisation within the network that is hierarchically superior to the first network organisation. What is a network of healthcare provider organisations? (4) A network of healthcare provider organisations is a group of healthcare provider organisations each of which satisfies one of the following criteria: (a) the healthcare provider organisation is part of, or subordinate to, another healthcare provider organisation within the group; (b) another healthcare provider organisation within the group is part of, or subordinate to, the healthcare provider organisation. What is the seed organisation for a network? (5) A healthcare provider organisation is the seed organisation for a network if: (a) there is at least one other healthcare provider organisation that is part of, or subordinate to, the organisation; and (b) the organisation is not itself part of, or subordinate to, another healthcare provider organisation. What is a network organisation within a network? (6) A healthcare provider organisation is a network organisation within a network if it is part of, or subordinate to, another healthcare provider organisation within the network. Responsible officers (7) A person is the responsible officer for a healthcare provider organisation if the duties of the person include the following: (a) nominating the organisation maintenance officer or officers for the organisation to the service operator; (b) requesting the assignment or retirement of a healthcare identifier for the organisation; (c) if there is a network organisation of the organisation: (i) nominating the organisation maintenance officer for the network organisation to the service operator; and (ii) requesting the assignment or retirement of a healthcare identifier for the network organisation; (d) if the organisation is part of a merger or acquisition—requesting the merger or reconfiguration of a healthcare identifier for the organisation. Organisation maintenance officers (8) A person is an organisation maintenance officer for a healthcare provider organisation if the duties of the person include the following: (a) nominating to the service operator at least one additional person to be an organisation maintenance officer of the organisation, if required; (b) maintaining information that is held by the service operator about the organisation; (d) providing any other information requested by the service operator about the organisation for which the organisation maintenance officer is responsible; (e) if the organisation (the seed organisation) has a network organisation: (i) nominating to the service operator another person who meets the employment criteria in paragraph (3)(d) to be the organisation maintenance officer for the network organisation—either on the initiative of the seed organisation or if required by the service operator to do so; (ii) requesting the assignment or retirement of a healthcare identifier for the network organisation; (iii) maintaining information that is held by the service operator about the network organisation; (v) providing any other information requested by the service operator about the network organisation for which the organisation maintenance officer is responsible; (vi) if the network organisation is part of a merger or acquisition—requesting the merger or reconfiguration of a healthcare identifier for the organisation. Sole practitioners (9) The service operator may assign a healthcare identifier under paragraph 9(1)(a) to a healthcare provider organisation that is a sole practitioner even though subsection (2) is not satisfied, if the sole practitioner: (a) provides healthcare as part of his or her duties; and (ab) has been assigned an individual healthcare provider identifier: (i) under paragraph 9(1)(a) on the basis of subsection 9A(1); or (ii) under subsection 9(2); and (b) performs the duties of a responsible officer and organisation maintenance officer. Duties of the responsible officer performed by another person (10) For the purposes of subsection (7), a person does not cease to be a responsible officer for a healthcare provider organisation if a duty mentioned in subsection (7) is performed by another employee of the organisation on behalf of the person. When a professional body satisfies requirements (11) In order for a professional body to satisfy the requirements of this subsection as mentioned in subparagraph (1)(b)(ii), regulation or oversight must at a minimum include all of the following in relation to individuals whose credentials are provided by the professional body: (a) requirements for such individuals to comply with the standards of practice and ethical conduct set by the professional body and expected of such individuals; (b) requirements for such individuals to comply with any written constitution, rules, articles of association, by‑laws or codes of conduct; (c) requirements for such individuals to maintain professional skills and knowledge by continuing professional development; (d) the ability for the professional body to impose sanctions on such individuals for a contravention of a requirement mentioned in paragraph (a), (b) or (c).

9BA Classes of healthcare provider that may be assigned a healthcare identifier by the service operator—healthcare support service providers

(1) The service operator may, under paragraph 9(1)(a), assign a healthcare identifier to a healthcare support service provider if the service operator is satisfied that: (a) the healthcare support service provider is not otherwise eligible to be assigned a healthcare provider identifier under that paragraph on the basis of subsection 9A(2), (3) or (9); and (b) the healthcare support service provider has a responsible officer; and (c) the healthcare support service provider meets any other requirements that are prescribed by the regulations. Responsible officers for healthcare support service providers (2) A person is the responsible officer for a healthcare support service provider if the person is authorised to act on behalf of the healthcare support service provider in performing the following duties: (a) nominating the organisation maintenance officer or officers for the healthcare support service provider to the service operator; (b) requesting the assignment, retirement, merger or reconfiguration of a healthcare identifier for the healthcare support service provider; (c) any other duties of a responsible officer for the healthcare support service provider. Organisation maintenance officers for healthcare support service providers (3) A person is an organisation maintenance officer for a healthcare support service provider if the person has been nominated by the responsible officer for the healthcare support service provider, as mentioned in paragraph (2)(a), to perform the following duties: (a) nominating to the service operator at least one additional person to be an organisation maintenance officer of the healthcare support service provider, if required; (b) maintaining information that is held by the service operator about the healthcare support service provider; (d) providing any other information requested by the service operator about the healthcare support service provider for which the organisation maintenance officer is responsible. Duties of the responsible officer performed by another person (4) A person does not cease to be a responsible officer for a healthcare support service provider if a duty mentioned in subsection (2) is performed by another employee of the provider on behalf of the person.

9B Information that may be requested before assigning healthcare identifiers

(1) The service operator may request an individual healthcare provider to provide the following information before assigning the healthcare provider a healthcare identifier: (a) identifying information of the healthcare provider;

Note: Identifying information is defined in section 7.

(b) information that shows that section 9A applies to the healthcare provider.

(2) The service operator may request a healthcare provider organisation or a healthcare support service provider to provide the following information before assigning the healthcare provider a healthcare identifier: (a) identifying information of the healthcare provider;

Note: Identifying information is defined in section 7.

(b) information that shows that section 9A or 9BA applies to the healthcare provider;
(c) information identifying the healthcare provider’s responsible officer and organisation maintenance officer, including the person’s name, work address, work email address, work telephone number or work fax number.

(3) The healthcare provider must give the information in any form requested by the service operator.

Note: Example: A healthcare provider may be asked for original documentation, or for the information to be given in writing or in a statutory declaration.

(4) If the service operator is not satisfied by the information given, it does not have to assign a healthcare identifier to the healthcare provider.

9CA Professional bodies may facilitate the assignment of healthcare identifiers for individual healthcare providers

(1) A professional body may: (a) facilitate the assignment of healthcare identifiers for individual healthcare providers who are provided with credentials by the professional body; and (b) assist the service operator to establish and maintain a record of a kind mentioned in section 10. (2) A professional body must not facilitate the assignment of a healthcare identifier for an individual healthcare provider, or assist the service operator in relation to such a healthcare identifier, unless the provider has consented to the facilitation and assistance. (3) The regulations may make provision for and in relation to the facilitation by professional bodies of the assignment of healthcare identifiers, and assisting the service operator to establish and maintain a record of a kind mentioned in section 10, including, but not limited to, as follows: (a) specifying requirements in relation to obtaining the consent of individual healthcare providers in relation to that facilitation, and ensuring the maintenance of that consent; (b) specifying requirements relating to ensuring that information held by the service operator is accurate.

9C Review of decision not to assign a healthcare identifier

(1) This section applies to a decision by the service operator not to assign a healthcare identifier to a healthcare provider under paragraph 9(1)(a).

Note: This section does not apply to a decision to assign a healthcare identifier to a healthcare recipient under paragraph 9(1)(b), or a decision by a national registration authority not to assign a healthcare identifier to an individual healthcare provider under subsection 9(2).

(2) The service operator must give written notice of the decision to a person whose interests are affected by the decision, including a statement: (a) that the person may apply to the service operator to reconsider the decision; and (b) of the person’s rights to seek review under subsection (8) of a reconsidered decision. (3) A failure of the service operator to comply with subsection (2) does not affect the validity of the decision. (4) A person whose interests are affected by the decision may, by written notice to the service operator within 28 days after receiving notice of the decision, ask the service operator to reconsider the decision. (5) A request under subsection (4) must mention the reasons for making the request. (6) The service operator must: (a) reconsider the decision within 28 days after receiving the request; and (b) give to the person who requested the reconsideration written notice of the result of the reconsideration and of the grounds for the result. (7) The notice must include a statement that the person may apply to the Administrative Review Tribunal for review of the reconsideration. (8) A person may apply to the Administrative Review Tribunal for a review of a decision of the service operator made under subsection (6).

10 Service operator must keep record of healthcare identifiers etc.

The service operator must establish and maintain an accurate record of: (a) healthcare identifiers that have been assigned; and (b) the information that the service operator has that relates to those healthcare identifiers, including details of requests made to the service operator for the service operator to disclose those healthcare identifiers under Division 2 or 3 of Part 3.