13. Suspension and cancellation where representation ceases

(1) The System Operator must cancel access to a healthcare recipient’s My Health Record for a person who is an authorised representative or a nominated representative of the healthcare recipient if:

(a) the System Operator:

(i) has been informed by the service operator that the status of the authorised representative’s, or nominated representative’s (if applicable), healthcare identifier has been changed to retired; or

(ii) is otherwise satisfied that the nominated representative has died;

(b) the System Operator is no longer satisfied under sections 6 or 7 of the Act that the person is an authorised representative or nominated representative of the healthcare recipient; or

(c) the person has notified the System Operator in writing that they no longer wish to act as the healthcare recipient’s authorised representative or nominated representative.

(2) The System Operator must suspend access to a healthcare recipient’s My Health Record for a person who is an authorised representative or a nominated representative of the healthcare recipient if informed by the service operator that the status of the authorised representative’s or nominated representative’s healthcare identifier has been changed to deceased.

(3) The System Operator may suspend access to a healthcare recipient’s My Health Record for a healthcare recipient’s authorised representative or nominated representative while the System Operator investigates whether to take action under subrule (1).

(4) If the System Operator suspends or cancels access to a healthcare recipient’s My Health Record for an authorised representative under this rule, the System Operator must also suspend or cancel access to the healthcare recipient’s My Health Record for all nominated representatives that were nominated by that authorised representative.

(5) Despite subrule (4), the System Operator does not need to suspend or cancel access to the healthcare recipient’s My Health Record for those nominated representatives where:

(a) the nominated representative was nominated by an authorised representative who was a professional representative of the healthcare recipient (the first professional representative); and

(b) the healthcare recipient still has a professional representative, who is an authorised representative of the healthcare recipient, who is employed by the same employer as the first professional representative.

Note 1: Professional representatives do not need a healthcare identifier to be a representative― see subsections 6(6) and 7(3) of the Act and Part 4A of the Rule.

Note 2: Where access to a healthcare recipient’s My Health Record is cancelled for a nominated representative under subrule (4), any remaining authorised representative may agree with the person who was previously a nominated representative to be reappointed as a nominated representative for the healthcare recipient.