Collection, use and disclosure in the case of a serious threat
64 Collection, use and disclosure in the case of a serious threat
A participant in the My Health Record system is authorised to collect, use and disclose health information included in a registered healthcare recipient’s My Health Record if:
the participant reasonably believes that:
the collection, use or disclosure is necessary to lessen or prevent a serious threat to an individual’s life, health or safety; and
it is unreasonable or impracticable to obtain the healthcare recipient’s consent to the collection, use or disclosure; and
unless the participant is the System Operator—the participant advises the System Operator of the matters in paragraph (a); and
the collection, use or disclosure occurs not later than 5 days after that advice is given.
A participant in the My Health Record system is authorised to collect, use and disclose health information included in a healthcare recipient’s My Health Record if the participant reasonably believes that the collection, use or disclosure by the participant is necessary to lessen or prevent a serious threat to public health or public safety.
Subsections (1) and (2) do not authorise a participant in the My Health Record system to collect, use or disclose healthcare recipient‑only notes.
This Act’s bill:Explanatory memorandumSecond reading speech
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