7Definition of nominated representative of a healthcare recipient

7 Definition of nominated representative of a healthcare recipient

(1) For the purposes of this Act, an individual is the nominated representative of a healthcare recipient if: (a) an agreement is in force between the individual and the healthcare recipient that the individual is the healthcare recipient’s nominated representative for the purposes of this Act; and (b) the healthcare recipient has notified the System Operator that the individual is his or her nominated representative. Effect of being a nominated representative (2) At a time when a healthcare recipient has a nominated representative: (a) the nominated representative is entitled to do any thing that this Act authorises or requires the healthcare recipient to do, subject to any limitations: (i) to which the healthcare recipient’s agreement is subject; and (ii) that have been notified to the System Operator by the healthcare recipient; and (b) this Act has effect for all purposes, in relation to a thing done by a nominated representative, as if the healthcare recipient had done the thing, subject to any modifications prescribed by the regulations.

Note: Despite this subsection, a nominated representative must not use information for a prohibited purpose within the meaning of section 70A (even though a healthcare recipient may do so): see subsections 59A(2), 70B(2), 71A(4) and 71B(3).

(3) Despite subsection (2), the System Operator must not permit a nominated representative of a healthcare recipient to set access controls in relation to the healthcare recipient’s My Health Record unless: (a) a healthcare identifier has been assigned to the nominated representative under paragraph 9(1)(b) of the Healthcare Identifiers Act 2010; or (b) the My Health Records Rules provide that a healthcare identifier is not required to have been so assigned. (4) The fact that a healthcare recipient has a nominated representative does not prevent the healthcare recipient doing any thing that this Act authorises or requires the healthcare recipient to do. (5) At a time when a healthcare recipient has one or more nominated representatives, any thing that this Act authorises or requires to be done in relation to the healthcare recipient may be done in relation to one of the healthcare recipient’s nominated representatives and not in relation to the healthcare recipient to the extent: (a) agreed between the healthcare recipient and the nominated representative; and (b) notified to the System Operator by the healthcare recipient. This Act has effect for all purposes as if the thing had been done in relation to the healthcare recipient.