1Short title
This Act may be cited as the Healthcare Identifiers Act 2010.
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Bill homepage (APH)This Act may be cited as the Healthcare Identifiers Act 2010.
This Act commences on the day after this Act receives the Royal Assent.
The purpose of this Act is to enable the safe and accurate exchange of information about healthcare and support services by:
assigning unique identifiers to healthcare providers and recipients; and
authorising the collection, use and disclosure of healthcare identifiers and identifying information by trusted entities for health, health‑related and health administration purposes; and
providing for a comprehensive Healthcare Provider Directory to facilitate communication between healthcare providers and manage information about healthcare and support services; and
providing for the making of data standards about health information and other clinical data.
Under this Act, healthcare identifiers are assigned to healthcare recipients, individual healthcare providers, healthcare provider organisations and healthcare support service providers.
There are strict rules on:
the verification of a person’s identity before a healthcare identifier is assigned; and
the purposes for which a healthcare identifier can be collected, used and disclosed; and
the purposes for which the identifying information of a healthcare recipient, an individual healthcare provider, a healthcare provider organisation or a healthcare support service provider can be collected, used and disclosed.
This Act facilitates the use of healthcare identifiers for the purposes of communicating and managing health information about a healthcare recipient (including through the My Health Record system) and for health administration purposes that support the delivery of healthcare and support services.
This Act also facilitates:
the creation of a Healthcare Provider Directory, to allow healthcare providers to check the professional and business details of healthcare providers; and
the making of data standards about health information and other clinical data; and
the use of authenticated electronic communications by healthcare providers.
This Act binds the Crown in right of the Commonwealth, of the States, of the Australian Capital Territory and of the Northern Territory.
The Minister must, in certain circumstances, declare that certain provisions of this Act do not apply to the public bodies of a specified State or Territory: see subsection 37(4).
This Act does not make the Crown liable to be prosecuted for an offence.
This Act extends to every external Territory.
In this Act:
Aged Care Department means the Department administered by the Aged Care Minister.
Aged Care Minister means the Minister administering the Aged Care Act 2024.
Australian law has the same meaning as in the Privacy Act 1988.
authorised representative of a healthcare recipient has the same meaning as in the My Health Records Act 2012.
Chief Executive Medicare has the same meaning as in the Human Services (Medicare) Act 1973.
civil penalty provision has the same meaning as in the Regulatory Powers Act.
contracted service provider, of a healthcare provider or a health administration entity, means an entity that provides:
information technology services relating to the communication of health information; or
health information management services; or
business or administrative support to assist in the delivery of healthcare, support services or health administration;
to the healthcare provider or health administration entity under a contract with the healthcare provider or health administration entity.
court/tribunal order has the same meaning as in the Privacy Act 1988.
data standard means a data standard made under subsection 31AC(1).
date of birth accuracy indicator means a data element that is used to indicate how accurate a recorded date of birth is.
date of death accuracy indicator means a data element that is used to indicate how accurate a recorded date of death is.
Defence Department means the Department that:
deals with matters arising under section 1 of the Defence Act 1903; and
is administered by the Minister who administers that section.
employee, of an entity, includes:
an individual who provides services for the entity under a contract for services; or
an individual whose services are made available to the entity (including services made available free of charge).
entity means:
a person; or
a partnership; or
any other unincorporated association or body; or
a trust; or
a part of another entity (under a previous application of this definition).
funded aged care service has the same meaning as in the Aged Care Act 2024.
health administration: see section 7A.
health administration entity means an entity, or an entity included in a class of entities, determined by the Minister under subsection 7B(1).
healthcare means health service within the meaning of subsection 6(1) of the Privacy Act 1988.
healthcare identifier has the meaning given by section 9.
healthcare provider means:
an individual healthcare provider; or
a healthcare provider organisation; or
a healthcare support service provider.
Healthcare Provider Directory has the meaning given by subsection 31(1).
Healthcare Provider Directory Operator has the meaning given by section 6A.
healthcare provider organisation means an entity, or a part of an entity, that has conducted, conducts, or will conduct, an enterprise that provides healthcare (including healthcare provided free of charge).
A public hospital, or a corporation that runs a medical centre.
healthcare recipient means an individual who has received, receives, or may receive, healthcare or a support service.
healthcare support service provider means an entity that:
provides:
healthcare; or
a support service; and
does not, in the ordinary course of business, employ an individual employee who satisfies subsection 9(2) or paragraph 9A(1)(a), (b) or (c).
Health Chief Executives Forum has the same meaning as in the My Health Records Act 2012.
health information has the meaning given by subsection 6(1) of the Privacy Act 1988.
Human Research Ethics Committee has the meaning given by:
the National Statement on Ethical Conduct in Human Research issued in March 2007 by the Chief Executive Officer of the National Health and Medical Research Council under the National Health and Medical Research Council Act 1992; or
if that Statement is amended—that Statement as amended.
In 2010, the text of the Statement was accessible through the National Health and Medical Research Council website (www.nhmrc.gov.au).
identified healthcare provider means:
an identified healthcare provider organisation; or
an identified healthcare support service provider; or
an identified individual healthcare provider.
identified healthcare provider organisation means a healthcare provider that has been assigned a healthcare identifier under paragraph 9(1)(a) on the basis of subsection 9A(2), (3) or (9) (which deal with healthcare provider organisations).
identified healthcare support service provider means a healthcare provider that has been assigned a healthcare identifier under paragraph 9(1)(a) on the basis of subsection 9BA(1) (which deals with healthcare support service providers that are not otherwise eligible to be assigned a healthcare identifier).
identified individual healthcare provider means a healthcare provider that has been assigned a healthcare identifier under:
paragraph 9(1)(a) on the basis of subsection 9A(1) (which deals with healthcare identifiers assigned to individuals by the service operator); or
subsection 9(2) (which deals with healthcare identifiers assigned to individuals by a national registration authority).
identifying information has the meaning given by section 7.
individual healthcare provider means an individual who:
has provided, provides, or is to provide, healthcare; or
is registered by a registration authority as a member of a particular health profession.
law includes:
an Act or legislative instrument; or
an Act or legislative instrument of a State or Territory.
linked: an individual healthcare provider is linked to a healthcare provider organisation if:
the individual healthcare provider is an employee of the healthcare provider organisation; or
the healthcare provider organisation provides services or facilities to the individual healthcare provider, to facilitate the provision of healthcare by the individual healthcare provider.
Ministerial Council means a body (however described) that consists of the Minister of the Commonwealth, and the Minister of each State and Territory, who is responsible, or principally responsible, for matters relating to health.
My Health Record has the same meaning as in the My Health Records Act 2012.
My Health Records Act means the My Health Records Act 2012.
My Health Record system has the same meaning as in the My Health Records Act 2012.
My Health Record System Operator means the System Operator within the meaning of the My Health Records Act 2012.
National Disability Insurance Agency has the same meaning as in the NDIS Act.
national registration authority has the meaning given by section 8.
NDIS Act means the National Disability Insurance Scheme Act 2013.
network of healthcare provider organisations has the meaning given by subsection 9A(4).
network organisation within a network has the meaning given by subsection 9A(6).
nominated representative of a healthcare recipient has the same meaning as in the My Health Records Act 2012.
organisation maintenance officer:
for a healthcare provider organisation—has the meaning given by subsection 9A(8); and
for a healthcare support service provider—has the meaning given by subsection 9BA(3).
participant in the My Health Record system has the same meaning as in the My Health Records Act 2012.
personal information has the same meaning as in the Privacy Act 1988.
professional body means an organisation that:
is a separate legal entity under a law of the Commonwealth or a State or Territory; and
has all of the following characteristics:
represents members or individuals to whom it provides credentials (or both);
has enough members, or provides credentials for enough individuals, to be considered representative of the healthcare profession practised by the individuals it represents;
sets and publishes standards of practice and ethical conduct for, and aims to maintain the standing of, the healthcare profession practised by the individuals it represents.
registered NDIS provider has the same meaning as in the NDIS Act.
registered portal operator has the same meaning as in the My Health Records Act 2012.
registered repository operator has the same meaning as in the My Health Records Act 2012.
registration authority means an entity that is responsible under a law for registering members of a particular health profession.
Regulatory Powers Act means the Regulatory Powers (Standard Provisions) Act 2014.
responsible officer:
for a healthcare provider organisation—has the meaning given by subsection 9A(7); and
for a healthcare support service provider—has the meaning given by subsection 9BA(2).
retirement, for a healthcare provider organisation’s or a healthcare support service provider’s healthcare identifier, means a state imposed by the service operator on the healthcare identifier so that it may no longer be used by the healthcare provider organisation or the healthcare support service provider to identify the healthcare provider organisation or the healthcare support service provider, as the case requires.
Secretary means the Secretary of the Department.
seed organisation for a network has the meaning given by subsection 9A(5).
service operator has the meaning given by section 6.
sole practitioner means a person who is both an individual healthcare provider and a healthcare provider organisation.
State or Territory authority has the meaning given by the Privacy Act 1988.
subcontracted service provider, of a healthcare provider, means an entity:
that is a party to a contract (the subcontract) with a contracted service provider for the healthcare provider; and
who is responsible under the subcontract for the provision of:
information technology services relating to the communication of health information; or
health information management services;
to the healthcare provider, or to the contracted service provider for the healthcare provider.
support service means any of the following:
a funded aged care service;
a support or service provided by a registered NDIS provider under the NDIS Act;
a support or service, or a support or service included in a class of supports or services, prescribed by the regulations.
under this Act includes under the regulations.
Veterans’ Affairs Department means the Department that:
deals with matters arising under:
section 1 of the Australian Participants in British Nuclear Tests and British Commonwealth Occupation Force (Treatment) Act 2006; or
section 1 of the Military Rehabilitation and Compensation Act 2004; or
section 1 of the Treatment Benefits (Special Access) Act 2019; or
section 1 of the Veterans’ Entitlements Act 1986; and
is administered by the Minister who administers that section.
To avoid doubt, a healthcare provider is not an identified healthcare provider throughout any period when the healthcare identifier assigned to the healthcare provider is in a state of retirement.
The service operator is:
the Chief Executive Medicare; or
if a body established by a law of the Commonwealth is prescribed by the regulations to be the service operator—that body.
Section 33 provides that the Minister must consult with the Ministerial Council before making regulations.
The Healthcare Provider Directory Operator is:
the service operator; or
if a body established by a law of the Commonwealth is prescribed by the regulations to be the Healthcare Provider Directory Operator—that body.
Section 33 provides that the Minister must consult with the Ministerial Council before making regulations.
Each of the following is identifying information of a healthcare provider who is an individual, if the service operator or Healthcare Provider Directory Operator requires it for the purpose of performing the service operator’s or Healthcare Provider Directory Operator’s (as the case may be) functions under this Act in relation to the healthcare provider:
the name of the healthcare provider;
the address of the healthcare provider;
the email address, telephone number and fax number of the healthcare provider;
the date of birth, and the date of birth accuracy indicator, of the healthcare provider;
the sex of the healthcare provider;
the type of healthcare provider that the individual is;
if the healthcare provider is registered by a registration authority—the registration authority’s identifier for the healthcare provider and the status of the registration (such as conditional, suspended or cancelled);
other information that is prescribed by the regulations for the purpose of this paragraph.
Each of the following is identifying information of a healthcare provider that is not an individual, if the service operator or Healthcare Provider Directory Operator requires it for the purpose of performing the service operator’s or Healthcare Provider Directory Operator’s (as the case may be) functions under this Act in relation to the healthcare provider:
the name of the healthcare provider;
the address of the healthcare provider;
the email address, telephone number and fax number of the healthcare provider;
if applicable, the ABN (within the meaning of the A New Tax System (Australian Business Number) Act 1999) of the healthcare provider;
if applicable, the ACN (within the meaning of the Corporations Act 2001) of the healthcare provider;
other information that is prescribed by the regulations for the purpose of this paragraph.
Each of the following is identifying information of a healthcare recipient, if the service operator requires it for the purpose of performing the service operator’s functions under this Act in relation to the healthcare recipient:
if applicable, the Medicare number of the healthcare recipient;
if applicable, the Veterans’ Affairs Department file number of the healthcare recipient;
the name of the healthcare recipient;
the address of the healthcare recipient;
the date of birth, and the date of birth accuracy indicator, of the healthcare recipient;
the sex of the healthcare recipient;
for a healthcare recipient who was part of a multiple birth—the order in which the healthcare recipient was born;
The 2nd of twins.
if applicable, the date of death, and the date of death accuracy indicator, of the healthcare recipient;
other information that is prescribed by the regulations for the purpose of this paragraph.
In this Act, health administration means any of the following:
the creation and maintenance of a record about healthcare or support services provided to a healthcare recipient;
assessing a healthcare recipient’s level of, need for or access to healthcare or support services;
monitoring an individual’s level of, need for or access to healthcare or health programs or support services;
reporting on an individual’s level of, need for or access to healthcare or health programs or support services;
verifying healthcare identifiers and identifying information, including for the purposes of providing healthcare or support services;
the creation and maintenance of a record about any of the following:
a healthcare recipient’s participation in health related programs;
support services that are being, are to be, or have been provided to a healthcare recipient;
the governance and operation of health and health related programs and registries, including oversight, reporting, administration, complaints handling, billing and payment of costs or claims associated with the provision of healthcare and support services;
health surveillance activities including, but not limited to, contact tracing, and monitoring, analysing and disseminating data for the purposes of implementing public health responses;
monitoring or analysis (or both) of individual or system‑wide healthcare or support services needs, demands, performance and outcomes, including, but not limited to the following:
by means of statistical research, data and reporting services;
to inform health workforce planning and management;
for other population health purposes;
to inform reporting on, or responses to, an adverse health event;
linking or connecting data about healthcare recipients and or healthcare providers across different data sets.
For the purposes of subparagraph (1)(i)(iv), an adverse health event is an event, act or omission related to the provision of healthcare to a healthcare recipient that results in, may result in, or could have resulted in, an unintended or harmful effect on the safety, health or welfare of the healthcare recipient.
The Minister may determine, in writing, that an entity, or an entity included in a class of entities, is a health administration entity.
A determination made under subsection (1) is a legislative instrument.
Before the Minister makes a determination under subsection (1), the Minister must consult an appropriate subcommittee of the Ministerial Council.
A failure to consult does not affect the validity of the determination.
The Minister may, in writing, delegate the power to make a determination under subsection (1) to:
the Secretary of the Department; or
an SES employee, or acting SES employee, in the Department.
In exercising any powers under a delegation under this section, the delegate must comply with any directions of the Minister.
Sections 34AA to 34A of the Acts Interpretation Act 1901 contain provisions relating to delegations.
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