Commonwealth Consolidated Acts

MY HEALTH RECORDS ACT 2012 - SECT 53

Written notice before cancellation etc. other than in urgent circumstances

  (1)   The System Operator must give written notice to a healthcare recipient or other entity before:

  (a)   cancelling or suspending the registration of the healthcare recipient or entity under subsection   51(2), (3), (4) or (5); or

  (b)   varying the entity's registration under section   52;

other than as mentioned in subsection   (4) of this section (urgency).

  (2)   The notice:

  (a)   must state that the System Operator proposes to cancel, suspend or vary the registration and the reasons why; and

  (b)   in the case of an entity that the System Operator is satisfied has contravened or may contravene this Act or a condition of the entity's registration--may specify steps that the entity must take in order to address the contravention or possible contravention; and

  (c)   must invite the healthcare recipient or other entity to make a written submission, within the period specified in the notice, to the System Operator in relation to the proposed cancellation, suspension or variation.

  (3)   If the System Operator gives written notice to a healthcare recipient or other entity under subsection   (1), the System Operator must not decide to cancel, suspend or vary the registration until after the end of the period referred to in paragraph   (2)(c).

Cancellation etc. in urgent circumstances

  (4)   If the System Operator is satisfied that it is necessary, because of the urgency of the circumstances, to cancel, suspend or vary the registration of a healthcare recipient or other entity without following the process outlined in subsections   (1) to (3), the System Operator must give written notice to the healthcare recipient or other entity:

  (a)   cancelling or suspending the registration of the healthcare recipient or entity under subsection   51(2), (3), (4) or (5); or

  (b)   varying the entity's registration under section   52.

  (5)   A decision under subsection   (4) takes effect:

  (a)   when notice of the decision is given under that subsection; or

  (b)   if a later time is specified in the notice under that subsection--at that later time.