21. Effective removal of records

(1) The System Operator may effectively remove, or may direct a participant in the My Health Record system to effectively remove, a record in the My Health Record system to the extent that the System Operator reasonably considers that:

(a) the record contains a defamatory statement;

(b) the record affects, or is likely to affect, the security, integrity or operations of the My Health Record system; or

(c) both the following are satisfied:

(i) the record was uploaded in contravention of paragraph 45(ba) of the Act; and

(ii) the record should be effectively removed to reduce the clinical risk that is, or may be, faced by a healthcare recipient if the record is not effectively removed.

Example: The System Operator may decide to effectively remove a record under paragraph 1(c) where the authoring individual healthcare provider’s registration with the national registration authority has been suspended for professional negligence, and the System Operator considers that effectively removing the record would reduce the clinical risk faced by the healthcare recipient about whom the record relates.

(2) A participant in the My Health Record system who is given a direction under subrule (1) must comply with the direction.

(3) Where the System Operator effectively removes, or directs a participant in the My Health Record system to effectively remove, a record under subrule (1):

(a) the System Operator must notify in writing:

(i) the healthcare recipient from whose My Health Record the record was effectively removed; and

(ii) the entity that uploaded the record,

specifying the reasons for its decision; and

(b) the entity may upload a replacement record provided that:

(i) at the time of uploading the replacement record, the entity is a participant in the My Health Record system; and

(ii) the replacement record addresses the System Operator’s concerns specified in the notice.

(4) Nothing in subrule (1) affects by implication the System Operator’s functions or powers to manage the My Health Record system.