Contents
1Name#
This instrument is the Healthcare Identifiers Amendment (Health Technology and Other Matters) Regulations 2026.
2Commencement#
(1)Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
| Commencement information | ||
|---|---|---|
| Column 1 | Column 2 | Column 3 |
| Provisions | Commencement | Date/Details |
| 1. Sections 1 to 4 and anything in this instrument not elsewhere covered by this table | The day after this instrument is registered. | 4 November 2026 |
| 2. Schedule 1 | The day after this instrument is registered. | 4 November 2026 |
| 3. Schedule 2 | 4 November 2026. | 4 November 2026 |
| 4. Schedule 3 | 1 February 2027. | 1 February 2027 |
Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.
(2)Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.
4Schedules#
Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.
Schedule 1 · Amendments commencing day after registration
Healthcare Identifiers Regulations 2020#
1 Section 5
Insert:
prescription exchange service means a service that is operated or funded by one or more government bodies and that collects and stores electronic prescriptions, and information about the prescriptions, to facilitate the transmission, retrieval and use of the prescriptions and information.
2 After section 9A
Insert:
9BAuthorisation of collection, use and disclosure—information relating to prescriptions#
(1)This section is made for the purposes of subsections 20(1) and 25D(1) of the Act.
(2)An entity mentioned in column 1 of an item in the following table is authorised to take action of the kind described in column 2 of that item with information of the kind described in column 3 of that item in the circumstances described in column 4 of that item.
| Collection, use and disclosure of healthcare provider and healthcare recipient information in relation to prescriptions | ||||
|---|---|---|---|---|
| Item | Column 1Entity | Column 2Permitted action | Column 3Information | Column 4Circumstances |
| 1 | operator of a prescription exchange service | collectuse | healthcare identifier of a healthcare provideridentifying information of a healthcare providerhealthcare identifier of a healthcare recipientidentifying information of a healthcare recipient | the collection or use is for the purposes of:(a) facilitating the transmission, storage, retrieval and use of electronic prescriptions and associated information; or(b) managing and monitoring the accuracy and safety of prescription and supply of medications; or(c) auditing compliance with legal requirements in connection with prescription and supply of medications |
| 2 | operator of a prescription exchange service | disclose | healthcare identifier of a healthcare providerhealthcare identifier of a healthcare recipient | the collection or use is for the purposes of:(a) facilitating the transmission, storage, retrieval and use of electronic prescriptions and associated information; or(b) managing and monitoring the accuracy and safety of prescription and supply of medications; or(c) auditing compliance with legal requirements in connection with prescription and supply of medications |
| 3 | service operator | collect from the operator of a prescription exchange serviceusedisclose to the operator of a prescription exchange service | healthcare identifier of a healthcare provideridentifying information of a healthcare providerhealthcare identifier of a healthcare recipientidentifying information of a healthcare recipient | the collection or use is for the purposes of:(a) facilitating the transmission, storage, retrieval and use of electronic prescriptions and associated information; or(b) managing and monitoring the accuracy and safety of prescription and supply of medications; or(c) auditing compliance with legal requirements in connection with prescription and supply of medications |
Schedule 2 · Amendments commencing 4 November 2026
Healthcare Identifiers Regulations 2020#
1 Section 5
Insert:
legacy HPD means the record of the professional and business details of identified healthcare providers that the Chief Executive Medicare established, in accordance with subsection 31(1) of the Act, when the Chief Executive Medicare was the Healthcare Provider Directory Operator.
2 After section 6
Insert:
6AHealthcare Provider Directory Operator#
For the purposes of paragraph 6A(b) of the Act, the Australian Digital Health Agency is prescribed to be the Healthcare Provider Directory Operator.
3 After section 10E
Insert:
10EACollection use, and disclosure—legacy HPD#
(1)This section is made for the purposes of subsection 25D(1) of the Act.
(2)An entity mentioned in column 1 of an item in the following table is authorised to take action of the kind described in column 2 of that item with information of the kind described in column 3 of that item in the circumstances described in column 4 of that item.
| Collection, use and disclosure of healthcare provider information in relation to legacy HPD | ||||
|---|---|---|---|---|
| Item | Column 1Entity | Column 2Permitted action | Column 3Information | Column 4Circumstances |
| 1 | Chief Executive Medicare | collectusedisclose | healthcare identifier of a healthcare provideridentifying information of a healthcare provider | the collection, use or disclosure is for the purpose of including information in the legacy HPD |
| 2 | Chief Executive Medicare | collectusedisclose | healthcare identifier of a healthcare provideridentifying information of a healthcare provider | the collection, use or disclosure is for the purpose of ensuring that information held by the Chief Executive Medicare in relation to the legacy HPD is accurate, up-to-date and complete |
| 3 | any entity that has access to the healthcare identifier or identifying information of a healthcare provider | disclose to the Chief Executive Medicare | healthcare identifier of a healthcare provideridentifying information of a healthcare provider | the disclosure is for the purpose of:(a) including information in the legacy HPD; or(b) ensuring that information held by the Chief Executive Medicare in relation to the legacy HPD is accurate, up-to-date and complete |
| 4 | Chief Executive Medicare | disclose | healthcare identifier of a healthcare provideridentifying information of a healthcare provider | the disclosure is for the purpose of facilitating the provision of adequate and appropriate health care to healthcare recipients, or a class of healthcare recipients |
Schedule 3 · Amendments commencing 1 February 2027
10BACollection, use and disclosure—health technology providers#
(1)For the purposes of subsection 20D(1) of the Act, this section prescribes rules relating to the collection, use or disclosure of healthcare identifiers by health technology providers.
(2)A health technology provider that:
(a)collects a healthcare identifier of a healthcare recipient from the service operator; or
(b)uses or discloses the healthcare identifier of a healthcare recipient in association with health information about the healthcare recipient;
must ensure that the electronic service provided by the health technology provider meets the conformance requirements set by the service operator.
(3)A health technology provider that uses or discloses the healthcare identifier of a healthcare recipient (whether or not in association with other information) must ensure that the healthcare identifier is validated with the service operator.
(4)A health technology provider must destroy the provider’s record of the healthcare identifier of a healthcare recipient as soon as practicable after the healthcare recipient withdraws consent for the provider to use or disclose the identifier.
(5)A health technology provider is liable to a civil penalty if the provider contravenes subsection (2), (3) or (4).
Civil penalty: 50 penalty units.
Sourced from the Federal Register of Legislation at legislation.gov.au, © Commonwealth of Australia, licensed under CC BY 4.0. Compilations may have been reformatted.