Commonwealth Consolidated Acts

MY HEALTH RECORDS ACT 2012 - SECT 69

  (1)   If:

  (a)   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

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

  (i)   this Act; or

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

  (iii)   the provision of indemnity cover to a healthcare provider; and

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

the System Operator must comply with the order or direction.

  (2)   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.

  (3)   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.

  (4)   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.

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