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Part 2 · National Electronic Records System

29. Access restrictions

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(1)

For the purposes of this Act, an access restriction is a measure that —

(a)

prevents the access, collection and disclosure of any accessible health information about an individual (P) under this Part (called in this Division a class 1 access restriction); or

(b)

restricts the access, collection or disclosure of any accessible health information about an individual (also P) under this Part in respect of one or more of the following matters (called in this Division a class 2 access restriction):

(i)

the type or types of accessible health information about P that may be accessed, collected or disclosed;

(ii)

any attribute of or relating to any type of accessible health information about P that may be prescribed;

(iii)

the applicable person or applicable persons (by name or description) or class of applicable persons who may access, collect or disclose accessible health information about P;

(iv)

the purpose or purposes for which accessible health information about P may be accessed, collected or disclosed;

(v)

the time or times at which, or the period or periods during which, accessible health information about P may be accessed, collected or disclosed.

(2)

For the purposes of subsection (1)(b), the Minister may prescribe different types of class 2 access restrictions in relation to —

(a)

different classes of individuals;

(b)

different types of accessible health information about an individual;

(c)

different attributes of or relating to any type of accessible health information about an individual;

(d)

different applicable persons or classes of applicable persons;

(e)

different purposes for which accessible health information about an individual may be accessed, collected or disclosed; and

(f)

different times at which or different periods during which accessible health information about an individual may be accessed, collected or disclosed.

(3)

In this section, “applicable person” means —

(a)

a specified user; or

(b)

an approved user who is approved to access and collect accessible health information about any individual for a purpose mentioned in section 20(1)(a) or (b),and includes an authorised individual of any of them.

Report

Part 3

Sharing of Relevant Information for Specified Use Cases

Part 4

Security of Health Information and Relevant Information

Part 5

Notification of Cybersecurity Incidents and Data Breaches

Part 6

Responses to Threats and Incidents Affecting Health Information and Relevant Information

Part 7

Portability of Health Information in Electronic Form

Part 8

Administration and Enforcement

Part 9

Miscellaneous

Schedules