My Health Records Act 2012

A healthcare provider organisation may apply to the System Operator to approve a period during which subsection 41A(1) does not apply to the healthcare provider organisation.

The application must:

be in the approved form; and

include, or be accompanied by, the information and documents required by the form; and

be lodged at a place, or by a means, specified in the form.

If a healthcare provider organisation makes an application under subsection (1), the System Operator may, by notice in writing, require the healthcare provider organisation to give the System Operator, within the period specified in the notice, such further information in relation to the application as the System Operator requires.

The System Operator is not required to decide the application, and may cease considering the application, if the healthcare provider organisation does not provide the required information within the period specified in the notice.

On application under subsection (1) or on the System Operator’s initiative, the System Operator may, by written notice to a healthcare provider organisation, approve a period during which subsection 41A(1) does not apply to the healthcare provider organisation.

In deciding whether to approve the period, the System Operator must take into account the following:

the healthcare provider organisation’s size and technological readiness;

the potential disruption (if any) to the provision of healthcare if the healthcare provider organisation is not a registered healthcare provider organisation;

any other matter the System Operator considers relevant.

An approval under subsection (5) is not a legislative instrument.