45Condition of registration—uploading of records, etc.

45 Condition of registration—uploading of records, etc.

It is a condition of registration of a healthcare provider organisation that the healthcare provider organisation does not, for the purposes of the My Health Record system: (a) upload a record that includes health information about a registered healthcare recipient to a repository other than: (i) a repository that forms part of the National Repositories Service; or (ii) a repository to which a registered repository operator’s registration relates; or (b) upload to a repository a record: (i) that purports to be the shared health summary of a registered healthcare recipient, unless the record would, when uploaded, be the shared health summary of the registered healthcare recipient; or (ii) that is a record of a kind specified in the My Health Records Rules for the purposes of this paragraph, unless the record has been prepared by an individual healthcare provider to whom a healthcare identifier has been assigned under paragraph 9(1)(a) of the Healthcare Identifiers Act 2010; or (ba) upload to a repository a record of a kind specified in the My Health Records Rules for the purposes of subparagraph (b)(ii) unless the record is prepared by a person who, at the time the record is prepared, is: (i) an individual who is registered by a registration authority within the meaning of the Healthcare Identifiers Act 2010, and whose registration is not conditional, suspended, cancelled or lapsed (other than in circumstances prescribed in the My Health Records Rules); or (ii) an individual who is represented by a professional body described in paragraph 9A(1)(b) of the Healthcare Identifiers Act 2010, and whose credentials are not conditional, suspended, cancelled or lapsed (other than in circumstances prescribed by the My Health Records Rules); or (c) upload a record to a repository if uploading the record would involve an infringement of a moral right of the author, within the meaning of the Copyright Act 1968; or (d) upload to a repository a record that includes health information about a registered consumer if the consumer has advised that the record is not to be uploaded.