64Collection, use and disclosure in the case of a serious threat

64 Collection, use and disclosure in the case of a serious threat

(1) A participant in the My Health Record system is authorised to collect, use and disclose health information included in a registered healthcare recipient’s My Health Record if: (a) the participant reasonably believes that: (i) the collection, use or disclosure is necessary to lessen or prevent a serious threat to an individual’s life, health or safety; and (ii) it is unreasonable or impracticable to obtain the healthcare recipient’s consent to the collection, use or disclosure; and (b) unless the participant is the System Operator—the participant advises the System Operator of the matters in paragraph (a); and (c) the collection, use or disclosure occurs not later than 5 days after that advice is given. (2) A participant in the My Health Record system is authorised to collect, use and disclose health information included in a healthcare recipient’s My Health Record if the participant reasonably believes that the collection, use or disclosure by the participant is necessary to lessen or prevent a serious threat to public health or public safety. (3) Subsections (1) and (2) do not authorise a participant in the My Health Record system to collect, use or disclose healthcare recipient‑only notes.