information technology services relating to the communication of health information; or

health information management services; or

business or administrative support to assist in the delivery of healthcare, support services or health administration;

to the healthcare provider or health administration entity under a contract with the healthcare provider or health administration entity.

court/tribunal order has the same meaning as in the Privacy Act 1988.

data standard means a data standard made under subsection 31AC(1).

date of birth accuracy indicator means a data element that is used to indicate how accurate a recorded date of birth is.

date of death accuracy indicator means a data element that is used to indicate how accurate a recorded date of death is.

Defence Department means the Department that: (a) deals with matters arising under Defence Act 1903; andsection 1 of the is administered by the Minister who administers that section. employee, of an entity, includes: an individual who provides services for the entity under a contract for services; or an individual whose services are made available to the entity (including services made available free of charge).

(a) deals with matters arising under Defence Act 1903; andsection 1 of the

is administered by the Minister who administers that section.

employee, of an entity, includes:

an individual who provides services for the entity under a contract for services; or

an individual whose services are made available to the entity (including services made available free of charge).

entity means:

a person; or

a partnership; or

any other unincorporated association or body; or

a trust; or

a part of another entity (under a previous application of this definition).

funded aged care service has the same meaning as in the Aged Care Act 2024.

health administration: see section 7A.

health administration entity means an entity, or an entity included in a class of entities, determined by the Minister under subsection 7B(1).

healthcare means health service within the meaning of subsection 6(1) of the Privacy Act 1988.

healthcare identifier has the meaning given by section 9.

healthcare provider means:

an individual healthcare provider; or

a healthcare provider organisation; or

a healthcare support service provider.

Healthcare Provider Directory has the meaning given by subsection 31(1).

Healthcare Provider Directory Operator has the meaning given by section 6A.

healthcare provider organisation means an entity, or a part of an entity, that has conducted, conducts, or will conduct, an enterprise that provides healthcare (including healthcare provided free of charge).

healthcare recipient means an individual who has received, receives, or may receive, healthcare or a support service.

healthcare support service provider means an entity that: provides: healthcare; or a support service; and (b) does not, in the ordinary course of business, employ an individual employee who satisfies subsection 9(2) or paragraph 9A(1)(a), (b) or (c).

provides:

healthcare; or

a support service; and

(b) does not, in the ordinary course of business, employ an individual employee who satisfies subsection 9(2) or paragraph 9A(1)(a), (b) or (c).

Health Chief Executives Forum has the same meaning as in the My Health Records Act 2012.

health information has the meaning given by subsection 6(1) of the Privacy Act 1988.

Human Research Ethics Committee has the meaning given by:

(a) the National Statement on Ethical Conduct in Human Research issued in March 2007 by the Chief Executive Officer of the National Health and Medical Research Council under the National Health and Medical Research Council Act 1992; or

if that Statement is amended—that Statement as amended.

identified healthcare provider means:

an identified healthcare provider organisation; or

an identified healthcare support service provider; or

an identified individual healthcare provider.

identified healthcare provider organisation means a healthcare provider that has been assigned a healthcare identifier under paragraph 9(1)(a) on the basis of subsection 9A(2), (3) or (9) (which deal with healthcare provider organisations).

identified healthcare support service provider means a healthcare provider that has been assigned a healthcare identifier under paragraph 9(1)(a) on the basis of subsection 9BA(1) (which deals with healthcare support service providers that are not otherwise eligible to be assigned a healthcare identifier).

identified individual healthcare provider means a healthcare provider that has been assigned a healthcare identifier under: paragraph 9(1)(a) on the basis of subsection 9A(1) (which deals with healthcare identifiers assigned to individuals by the service operator); or subsection 9(2) (which deals with healthcare identifiers assigned to individuals by a national registration authority).

paragraph 9(1)(a) on the basis of subsection 9A(1) (which deals with healthcare identifiers assigned to individuals by the service operator); or

subsection 9(2) (which deals with healthcare identifiers assigned to individuals by a national registration authority).

identifying information has the meaning given by section 7.

individual healthcare provider means an individual who: has provided, provides, or is to provide, healthcare; or is registered by a registration authority as a member of a particular health profession. law includes: an Act or legislative instrument; or an Act or legislative instrument of a State or Territory. linked: an individual healthcare provider is linked to a healthcare provider organisation if: the individual healthcare provider is an employee of the healthcare provider organisation; or the healthcare provider organisation provides services or facilities to the individual healthcare provider, to facilitate the provision of healthcare by the individual healthcare provider.

has provided, provides, or is to provide, healthcare; or

is registered by a registration authority as a member of a particular health profession.

law includes:

an Act or legislative instrument; or

an Act or legislative instrument of a State or Territory.

linked: an individual healthcare provider is linked to a healthcare provider organisation if:

the individual healthcare provider is an employee of the healthcare provider organisation; or

the healthcare provider organisation provides services or facilities to the individual healthcare provider, to facilitate the provision of healthcare by the individual healthcare provider.

Ministerial Council means a body (however described) that consists of the Minister of the Commonwealth, and the Minister of each State and Territory, who is responsible, or principally responsible, for matters relating to health.

My Health Record has the same meaning as in the My Health Records Act 2012.

My Health Records Act means the My Health Records Act 2012.

My Health Record system has the same meaning as in the My Health Records Act 2012.

My Health Record System Operator means the System Operator within the meaning of the My Health Records Act 2012.

National Disability Insurance Agency has the same meaning as in the NDIS Act.

national registration authority has the meaning given by section 8.

NDIS Act means the National Disability Insurance Scheme Act 2013.

network of healthcare provider organisations has the meaning given by subsection 9A(4).

network organisation within a network has the meaning given by subsection 9A(6).

nominated representative of a healthcare recipient has the same meaning as in the My Health Records Act 2012.

organisation maintenance officer:

for a healthcare provider organisation—has the meaning given by subsection 9A(8); and

for a healthcare support service provider—has the meaning given by subsection 9BA(3).

participant in the My Health Record system has the same meaning as in the My Health Records Act 2012.

personal information has the same meaning as in the Privacy Act 1988.

professional body means an organisation that: is a separate legal entity under a law of the Commonwealth or a State or Territory; and has all of the following characteristics: represents members or individuals to whom it provides credentials (or both); has enough members, or provides credentials for enough individuals, to be considered representative of the healthcare profession practised by the individuals it represents; sets and publishes standards of practice and ethical conduct for, and aims to maintain the standing of, the healthcare profession practised by the individuals it represents.

is a separate legal entity under a law of the Commonwealth or a State or Territory; and

has all of the following characteristics:

represents members or individuals to whom it provides credentials (or both);

has enough members, or provides credentials for enough individuals, to be considered representative of the healthcare profession practised by the individuals it represents;

sets and publishes standards of practice and ethical conduct for, and aims to maintain the standing of, the healthcare profession practised by the individuals it represents.

registered NDIS provider has the same meaning as in the NDIS Act.

registered portal operator has the same meaning as in the My Health Records Act 2012.

registered repository operator has the same meaning as in the My Health Records Act 2012.

registration authority means an entity that is responsible under a law for registering members of a particular health profession.

Regulatory Powers Act means the Regulatory Powers (Standard Provisions) Act 2014.

responsible officer:

for a healthcare provider organisation—has the meaning given by subsection 9A(7); and

for a healthcare support service provider—has the meaning given by subsection 9BA(2).

retirement, for a healthcare provider organisation’s or a healthcare support service provider’s healthcare identifier, means a state imposed by the service operator on the healthcare identifier so that it may no longer be used by the healthcare provider organisation or the healthcare support service provider to identify the healthcare provider organisation or the healthcare support service provider, as the case requires.

Secretary means the Secretary of the Department.

seed organisation for a network has the meaning given by subsection 9A(5).

service operator has the meaning given by section 6.

sole practitioner means a person who is both an individual healthcare provider and a healthcare provider organisation.

State or Territory authority has the meaning given by the Privacy Act 1988.

subcontracted service provider, of a healthcare provider, means an entity:

(a) that is a party to a contract (the subcontract) with a contracted service provider for the healthcare provider; and

who is responsible under the subcontract for the provision of:

information technology services relating to the communication of health information; or

health information management services;

to the healthcare provider, or to the contracted service provider for the healthcare provider.

support service means any of the following: a funded aged care service; a support or service provided by a registered NDIS provider under the NDIS Act; a support or service, or a support or service included in a class of supports or services, prescribed by the regulations.

a funded aged care service;

a support or service provided by a registered NDIS provider under the NDIS Act;

a support or service, or a support or service included in a class of supports or services, prescribed by the regulations.

under this Act includes under the regulations.

Veterans’ Affairs Department means the Department that:

deals with matters arising under:

(i) Australian Participants in British Nuclear Tests and British Commonwealth Occupation Force (Treatment) Act 2006; orsection 1 of the

(ii) Military Rehabilitation and Compensation Act 2004; orsection 1 of the

(iia) Treatment Benefits (Special Access) Act 2019; orsection 1 of the

(iii) Veterans’ Entitlements Act 1986; andsection 1 of the

is administered by the Minister who administers that section.

the name of the healthcare provider;

the address of the healthcare provider;

the email address, telephone number and fax number of the healthcare provider;

the date of birth, and the date of birth accuracy indicator, of the healthcare provider;

the sex of the healthcare provider;

the type of healthcare provider that the individual is;

if the healthcare provider is registered by a registration authority—the registration authority’s identifier for the healthcare provider and the status of the registration (such as conditional, suspended or cancelled);

other information that is prescribed by the regulations for the purpose of this paragraph.

the name of the healthcare provider;

the address of the healthcare provider;

the email address, telephone number and fax number of the healthcare provider;

(c) if applicable, the ABN (within the meaning of the A New Tax System (Australian Business Number) Act 1999) of the healthcare provider;

(d) if applicable, the ACN (within the meaning of the Corporations Act 2001) of the healthcare provider;

other information that is prescribed by the regulations for the purpose of this paragraph.

if applicable, the Medicare number of the healthcare recipient;

if applicable, the Veterans’ Affairs Department file number of the healthcare recipient;

the name of the healthcare recipient;

the address of the healthcare recipient;

the date of birth, and the date of birth accuracy indicator, of the healthcare recipient;

the sex of the healthcare recipient;

for a healthcare recipient who was part of a multiple birth—the order in which the healthcare recipient was born;

if applicable, the date of death, and the date of death accuracy indicator, of the healthcare recipient;

other information that is prescribed by the regulations for the purpose of this paragraph.

the creation and maintenance of a record about healthcare or support services provided to a healthcare recipient;

assessing a healthcare recipient’s level of, need for or access to healthcare or support services;

monitoring an individual’s level of, need for or access to healthcare or health programs or support services;

reporting on an individual’s level of, need for or access to healthcare or health programs or support services;

verifying healthcare identifiers and identifying information, including for the purposes of providing healthcare or support services;

the creation and maintenance of a record about any of the following:

a healthcare recipient’s participation in health related programs;

support services that are being, are to be, or have been provided to a healthcare recipient;

the governance and operation of health and health related programs and registries, including oversight, reporting, administration, complaints handling, billing and payment of costs or claims associated with the provision of healthcare and support services;

health surveillance activities including, but not limited to, contact tracing, and monitoring, analysing and disseminating data for the purposes of implementing public health responses;

monitoring or analysis (or both) of individual or system-wide healthcare or support services needs, demands, performance and outcomes, including, but not limited to the following:

by means of statistical research, data and reporting services;

to inform health workforce planning and management;

for other population health purposes;

to inform reporting on, or responses to, an adverse health event;

linking or connecting data about healthcare recipients and or healthcare providers across different data sets.

the Secretary of the Department; or

an SES employee, or acting SES employee, in the Department.

a healthcare provider to whom section 9A or 9BA applies; or

a healthcare recipient.

the healthcare provider is an individual who is a member of a particular health profession; and

the national registration authority is responsible under a law for registering members of that health profession.

an identifier that is assigned to an individual healthcare provider; and

an identifier that is assigned to a healthcare provider organisation; and

an identifier that is assigned to a healthcare support service provider; and

an identifier that is assigned to a healthcare recipient.

a healthcare identifier of the type mentioned in paragraph (3)(a); and

a different healthcare identifier of the type mentioned in paragraph (3)(b).

the individual healthcare provider is registered by a registration authority as a member of a health profession; or

the individual healthcare provider is represented by a professional body through which the individual healthcare provider is:

(i) provided with the credentials required to practice the healthcare profession, having regard to the admission requirements and tertiary qualifications set by the professional body, which must be a qualification at level 7 or above of the Australian Qualifications Framework (within the meaning of the Higher Education Support Act 2003) or at an equivalent level prescribed by the regulations; and

regulated and subject to oversight by the professional body that satisfies the requirements of subsection (11); or

the individual healthcare provider is included in a class of individual healthcare providers prescribed by the regulations.

Healthcare identifiers for a healthcare provider organisation that is a seed organisation, or is not part of a network

at least one of the linked individual healthcare providers of the organisation is an individual who:

is an identified healthcare provider; and

provides healthcare as part of his or her duties or with the support, or using the facilities, of the organisation; and

one, and only one of the employees of the organisation is the responsible officer for the organisation; and

either:

the organisation has at least one other employee who is an organisation maintenance officer for the organisation; or

the responsible officer for the organisation is also the organisation maintenance officer for the organisation.

Healthcare identifiers for network organisations

the seed organisation for the network:

has been assigned a healthcare identifier that has not been retired; and

does not object to the network organisation being assigned a healthcare identifier under this subsection; and

the responsible officer for the seed organisation for the network is also the responsible officer for every network organisation within the network; and

there is an organisation maintenance officer for the network organisation; and

the organisation maintenance officer for the network organisation is:

(i) an employee of the network organisation (the first network organisation); or

an employee of the seed organisation for the network; or

an employee of another network organisation within the network that is hierarchically superior to the first network organisation.

What is a network of healthcare provider organisations?

the healthcare provider organisation is part of, or subordinate to, another healthcare provider organisation within the group;

another healthcare provider organisation within the group is part of, or subordinate to, the healthcare provider organisation.

What is the seed organisation for a network?

there is at least one other healthcare provider organisation that is part of, or subordinate to, the organisation; and

the organisation is not itself part of, or subordinate to, another healthcare provider organisation.

What is a network organisation within a network?

nominating the organisation maintenance officer or officers for the organisation to the service operator;

requesting the assignment or retirement of a healthcare identifier for the organisation;

if there is a network organisation of the organisation:

nominating the organisation maintenance officer for the network organisation to the service operator; and

requesting the assignment or retirement of a healthcare identifier for the network organisation;

if the organisation is part of a merger or acquisition—requesting the merger or reconfiguration of a healthcare identifier for the organisation.

Organisation maintenance officers

nominating to the service operator at least one additional person to be an organisation maintenance officer of the organisation, if required;

maintaining information that is held by the service operator about the organisation;

providing any other information requested by the service operator about the organisation for which the organisation maintenance officer is responsible;

(e) if the organisation (the seed organisation) has a network organisation:

nominating to the service operator another person who meets the employment criteria in paragraph (3)(d) to be the organisation maintenance officer for the network organisation—either on the initiative of the seed organisation or if required by the service operator to do so;

requesting the assignment or retirement of a healthcare identifier for the network organisation;

maintaining information that is held by the service operator about the network organisation;

providing any other information requested by the service operator about the network organisation for which the organisation maintenance officer is responsible;

if the network organisation is part of a merger or acquisition—requesting the merger or reconfiguration of a healthcare identifier for the organisation.

Sole practitioners

provides healthcare as part of his or her duties; and

has been assigned an individual healthcare provider identifier:

under paragraph 9(1)(a) on the basis of subsection 9A(1); or

under subsection 9(2); and

performs the duties of a responsible officer and organisation maintenance officer.

Duties of the responsible officer performed by another person

requirements for such individuals to comply with the standards of practice and ethical conduct set by the professional body and expected of such individuals;

requirements for such individuals to comply with any written constitution, rules, articles of association, by-laws or codes of conduct;

requirements for such individuals to maintain professional skills and knowledge by continuing professional development;

the ability for the professional body to impose sanctions on such individuals for a contravention of a requirement mentioned in paragraph (a), (b) or (c).

the healthcare support service provider is not otherwise eligible to be assigned a healthcare provider identifier under that paragraph on the basis of subsection 9A(2), (3) or (9); and

the healthcare support service provider has a responsible officer; and

the healthcare support service provider meets any other requirements that are prescribed by the regulations.

Responsible officers for healthcare support service providers

nominating the organisation maintenance officer or officers for the healthcare support service provider to the service operator;

requesting the assignment, retirement, merger or reconfiguration of a healthcare identifier for the healthcare support service provider;

any other duties of a responsible officer for the healthcare support service provider.

Organisation maintenance officers for healthcare support service providers

nominating to the service operator at least one additional person to be an organisation maintenance officer of the healthcare support service provider, if required;

maintaining information that is held by the service operator about the healthcare support service provider;

providing any other information requested by the service operator about the healthcare support service provider for which the organisation maintenance officer is responsible.

Duties of the responsible officer performed by another person

identifying information of the healthcare provider;

information that shows that section 9A applies to the healthcare provider.

identifying information of the healthcare provider;

information that shows that section 9A or 9BA applies to the healthcare provider;

information identifying the healthcare provider’s responsible officer and organisation maintenance officer, including the person’s name, work address, work email address, work telephone number or work fax number.

facilitate the assignment of healthcare identifiers for individual healthcare providers who are provided with credentials by the professional body; and

assist the service operator to establish and maintain a record of a kind mentioned in section 10.

specifying requirements in relation to obtaining the consent of individual healthcare providers in relation to that facilitation, and ensuring the maintenance of that consent;

specifying requirements relating to ensuring that information held by the service operator is accurate.

that the person may apply to the service operator to reconsider the decision; and

of the person’s rights to seek review under subsection (8) of a reconsidered decision.

reconsider the decision within 28 days after receiving the request; and

give to the person who requested the reconsideration written notice of the result of the reconsideration and of the grounds for the result.

(a) for the purposes of the Privacy Act 1988, an interference with the privacy of the healthcare recipient or individual healthcare provider; and

covered by section 13 of that Act.

to make professional and business details of healthcare providers available to entities that are authorised to access the directory;

to enable communication between entities that are authorised to access the directory and healthcare providers about:

healthcare and support services; and

health administration;

any other purpose prescribed by the regulations.

collect and use the following information:

a healthcare identifier of an identified healthcare provider;

identifying information of an identified healthcare provider;

professional and business details of an identified healthcare provider;

for the purposes of the Healthcare Provider Directory; and

disclose that information on the Healthcare Provider Directory to the following:

an identified individual healthcare provider;

an identified healthcare provider organisation;

a health administration entity;

an entity prescribed by the regulations;

for the purposes of the Healthcare Provider Directory.

a healthcare identifier of an identified healthcare provider;

identifying information of an identified healthcare provider;

professional and business details of an identified healthcare provider.

for the purpose of communicating or managing health information or information on support services, as part of providing healthcare or support services to a healthcare recipient; or

for the purpose of health administration; or

in any other circumstances in which the collection, use or disclosure of the information is required or authorised by or under an Australian law or a court/tribunal order; or

(c) in any other circumstances in which the collection, use or disclosure of the information would not be an interference with privacy under the Privacy Act 1988.

prescribe requirements in relation to the disclosure of information on the Healthcare Provider Directory;

prescribe requirements for the administration of the Healthcare Provider Directory;

prescribe requirements for access to the Healthcare Provider Directory;

prescribe requirements in relation to dealing with requests made under subsection (5).

identifying information of a healthcare provider; and

the healthcare identifier of a healthcare provider;

for the purposes of the Healthcare Provider Directory.

identifying information of a healthcare provider; and

the healthcare identifier of a healthcare provider;

for the purposes of the Healthcare Provider Directory.

the format and description of health information or other clinical data;

the storage and disclosure of health information or other clinical data;

the interoperability of clinical or health information management systems;

health or clinical terminology;

the implementation of data standards;

any other matter prescribed by the regulations for the purposes of this paragraph.

Complying with determinations when making data standards etc.

approval; or

consultation; or

the formation of committees, advisory panels and consultative groups.

the Federal Court of Australia;

the Federal Circuit and Family Court of Australia (Division 2);

a court of a State or Territory that has jurisdiction in relation to the matter.

Extension to external Territories

the service operator;

the Information Commissioner.

Relevant court

the Federal Court of Australia;

the Federal Circuit and Family Court of Australia (Division 2);

a court of a State or Territory that has jurisdiction in relation to the matter.

Enforceable undertaking may be published on website

the service operator;

the Information Commissioner.

Relevant court

the Federal Court of Australia;

the Federal Circuit and Family Court of Australia (Division 2);

a court of a State or Territory that has jurisdiction in relation to the matter.

Extension to external Territories

the Minister; and

either:

the Ministerial Council; or

if the Ministerial Council directs the service operator to give the report to another entity—that other entity;

no later than on 30 September after the end of the financial year to which the report relates.

provide a copy of the report to the Ministerial Council; and

table a copy of the report in each House of Parliament within 15 sitting days after the report is given to the Minister.