78CRecord keeping requirements in relation to sharing information with the My Health Record system

78C Record keeping requirements in relation to sharing information with the My Health Record system

Requirement to keep evidence of upload exceptions (1) If: (a) a prescribed healthcare provider organisation is: (i) a registered healthcare provider organisation; or (ii) an approved registered repository operator; and (b) either: (i) healthcare of a kind specified in the My Health Records Rules for the purposes of subsection 78A(1) for the healthcare provider organisation is provided to a healthcare recipient; or (ii) a record of a kind specified in the My Health Records Rules for the purposes of subsection 78A(2) for the healthcare provider organisation is created in relation to healthcare provided to a healthcare recipient; and (c) an upload exception applies in relation to the healthcare provider organisation sharing information about the healthcare with the My Health Record system; the healthcare provider organisation must keep for a period of 2 years starting on the date the healthcare is provided evidence that an upload exception applied that meets the requirements (if any) specified in the My Health Records Rules.

Civil penalty: 10 penalty units.

(2) Subsection (1) does not apply if the healthcare provider organisation has a reasonable excuse.

Note: A person who wishes to rely on subsection (2) in proceedings for a civil penalty order bears an evidential burden in relation to the matter in that subsection: see section 96 of the Regulatory Powers Act.

Requirement to produce evidence when required (3) The System Operator or the Secretary of the Department may, by written notice given to a healthcare provider organisation, require the healthcare provider organisation to produce to the System Operator or the Secretary of the Department, within the period and in the manner specified in the notice, evidence kept by the healthcare provider organisation under subsection (1). (4) A healthcare provider organisation must comply with a requirement under subsection (3).

Civil penalty: 10 penalty units.

Handling of evidence produced (5) The System Operator or the Secretary of the Department may make and retain copies of, or take and retain extracts from, any evidence produced under this section. (6) The System Operator or the Secretary of the Department may take, and retain for as long as is necessary, possession of evidence produced under this section. (7) The person otherwise entitled to possession of the evidence is entitled to be supplied, as soon as practicable, with a copy certified by the System Operator or the Secretary of the Department to be a true copy. (8) The certified copy must be received in all courts and tribunals as evidence as if it were the original. (9) Until a certified copy is supplied, the System Operator or the Secretary of the Department must, at such times and places as the System Operator or the Secretary of the Department thinks appropriate, permit the person otherwise entitled to possession of the evidence, or a person authorised by that person, to inspect and make copies of, or take extracts from, the evidence.