45ACondition of registration—handling old records that are works subject to copyright

45A Condition of registration—handling old records that are works subject to copyright

Old works must not be uploaded if it would be an infringement of copyright to use the work for healthcare or related purposes (1) Subsection (2) applies to works made before section 44BB of the Copyright Act 1968 commences.

Note: Section 44BB of the Copyright Act 1968 provides that there is no infringement of copyright if an act comprised in the copyright of a work is done, or authorised to be done, for healthcare or related purposes.

(2) A healthcare provider organisation must not, for the purposes of the My Health Record system, upload the work if it would be an infringement of the copyright in the work for the organisation or another person to do, or authorise to be done, an act comprised in the copyright of the work: (a) for a purpose for which the collection, use or disclosure of health information is required or authorised under this Act; or (b) in circumstances in which a permitted general situation exists under item 1 of the table in subsection 16A(1) of the Privacy Act 1988 (serious threat to life, health or safety), or would exist if the act were done, or authorised to be done, by an entity that is an APP entity for the purposes of that Act; or (c) in circumstances in which a permitted health situation exists under section 16B of the Privacy Act 1988, or would exist if the act were done, or authorised to be done, by an entity that is an organisation for the purposes of that Act; or (d) for any other purpose relating to healthcare, or the communication or management of health information, prescribed by the regulations. (3) It is a condition of the registration of a healthcare provider organisation that the organisation complies with the obligation under subsection (2).