Obligation to keep information accurate, up‑to‑date and complete
25E Obligation to keep information accurate, up‑to‑date and complete
If a healthcare provider organisation or a healthcare support service provider becomes aware that information held by the service operator in relation to the organisation or provider is not accurate, up‑to‑date and complete, the organisation or provider must:
give the service operator, in writing, accurate, up‑to‑date and complete information; and
do so within 20 business days after the organisation or provider becomes aware that the information held by the service operator is not accurate, up‑to‑date and complete.
Subsection (1) does not apply if:
the information that is no longer accurate, up‑to‑date and complete is personal information that the service operator was only able to lawfully obtain with the consent of the person to whom the information relates; and
instead of giving accurate, up‑to‑date and complete personal information within the period specified in that subsection, the healthcare provider organisation or healthcare support service provider notifies the service operator within that period, in the manner and form approved by the service operator, that the person to whom the information relates has withdrawn consent for the information to be given to the service operator.
Subsection (1) does not apply if:
the healthcare provider organisation, or an individual healthcare provider who is linked to the healthcare provider organisation, is required by an Australian law, or by a lawful requirement of the national registration authority, to give the national registration authority the accurate, up‑to‑date and complete information; and
the healthcare provider organisation, or the individual healthcare provider, complies with the requirement.
Subsection (1) does not apply to a healthcare support service provider organisation if:
the healthcare support service provider is required to give the accurate, up‑to‑date and complete information to any of the following:
the National Disability Insurance Agency;
the Aged Care Department;
an entity prescribed by regulations made for the purposes of item 6 of the table in section 21; and
the healthcare support service provider complies with the requirement.
A person is liable to a civil penalty if:
the person fails to give the service operator information in the circumstances mentioned in subsection (1); and
the person knows or is reckless as to those circumstances.
Civil penalty: 100 penalty units.
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