My Health Records Act 2012

If:

a court or tribunal other than a coroner orders or directs the System Operator to disclose health information included in a healthcare recipient’s My Health Record to the court or tribunal; and

the order or direction is given in the course of proceedings relating to:

this Act; or

unauthorised access to information through the My Health Record system; or

a share by default provision; or

the provision of indemnity cover to a healthcare provider; and

apart from this Part, the System Operator would be required to comply with the order or direction;

If a coroner orders or directs the System Operator to disclose health information included in a healthcare recipient’s My Health Record to the coroner, the System Operator must comply with the order or direction.

Except as mentioned in subsection (1) or (2), a participant in the My Health Record system, or a healthcare recipient, cannot be required to disclose health information included in a healthcare recipient’s My Health Record to a court or tribunal.

Except as mentioned in subsection (1) or (2), the System Operator is not authorised to disclose health information included in a healthcare recipient’s My Health Record to a court or tribunal unless the healthcare recipient consents.

Subsections (1) and (2) do not authorise the System Operator to disclose healthcare recipient‑only notes.