Emergency access function


Last revised: 18 Apr 2023

Emergency access function

In certain emergency situations, it is possible to override any access codes the patient may have set so you can access their record or their restricted documents. This is referred to as ‘Emergency Access’. It is important to keep detailed notes relating to the incident in your local patient records as all instances of emergency access are audited by the System Operator. The Australian Digital Health Agency (the Agency) website outlines appropriate circumstances for using the emergency access function.   

Situations where it may be permissible for a healthcare organisation to use the emergency access function are set out in section 64 of the My Health Records Act and include where the healthcare provider reasonably believes that: 

  1. the access is necessary to lessen or prevent a serious threat to an individual’s life, health or safety and the healthcare recipient's consent cannot reasonably be obtained. For example, due to being unconscious; or 

  1. the access is necessary to lessen or prevent a serious threat to public health or safety. For example, to identify the source of a serious infection and prevent its spread. 

Once Emergency Access is granted, it is available for five days before the record reverts to original restricted settings. 

More information on the Emergency Access function can be found here

 

This event attracts CPD points and can be self recorded

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Updated legislation

The My Health Records Rule 2016 has been replaced by the My Health Records Rules 2026, effective 1 April 2026.

A six-month transition period applies to existing participants (registered before 1 April 2026), with full compliance required by 1 October 2026. During this time, general practices may continue to apply the 2016 Rule.

New participants (registered on or after 1 April 2026) must comply with the 2026 Rules.

Requirements for a Security and Access Policy, formerly Rule 42 in the 2016 Rule, have been updated and renumbered in the 2026 Rules to Rule 43.

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