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Introduction to My Health Record in general practice - Chapter 9
Last revised: 15 May 2020
Authority under the law to upload information is subject to two exceptions:
In NSW, the types of health information are ‘Category 5 medical conditions’, which are AIDS and HIV; as well as health information relating to a cervical cancer test. These Public Health Act confidentiality provisions apply to ‘a medical practitioner’, and could be from either the public or private sector. As such, a healthcare provider in NSW cannot rely on the authority under the law model to upload information relating to AIDS, HIV and/or results of a cervical cancer test, but must request additional consent of the healthcare recipient to upload such health information to My Health Record.
In Queensland and the ACT, the types of health information is much broader, and includes notifiable conditions, contagious conditions, cancer notifications and Pap smear register information. However, these Public Health Act confidentiality provisions apply only to persons who collect the information as part of performing a function under the Act (eg those public sector individuals who maintain a notifiable conditions register). Unless these persons are participants in My Health Record these confidentiality provisions do not seem to apply to providers uploading healthcare information to My Health Record
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