5Definitions

#### 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.