29. Exercising due care and skill when uploading or downloading records

(1) A healthcare provider organisation must take reasonable steps to ensure that they and their employees exercise due care and skill:

(a) so that any record that they or their employees upload to the My Health Record system is, at the time the record is uploaded, accurate, up-to-date, not misleading and not defamatory; and

(b) about whether any records that they or their employees access via, or download from, the My Health Record system are accurate, up-to-date and fit for purpose.

(2) Subrule (1)(a) does not apply if:

(a) the record being uploaded was created by an individual who was not, at the time the record was created, an employee of the uploading healthcare provider organisation; and

(b) there is nothing in the record that would indicate to a reasonable person in the circumstances that the record was not accurate or up-to-date.

(3) The uploading of a record to the My Health Record system does not affect any other obligation a healthcare provider organisation or their employees may have to:

(a) keep clinical records about a healthcare recipient; or

(b) communicate health information to a healthcare recipient.