Personally Controlled Electronic Health Record System Operator: Annual Report 2012-2013

Legislation and delegations

Page last updated: 10 April 2014

The Personally Controlled Electronic Health Records Act 2012 (PCEHR Act) commenced on 29 June 2012 and establishes the legal framework for the eHealth record system. The PCEHR Act prescribes the circumstances in which an entity can use information in the eHealth record system. The operational detail of the system is contained in the PCEHR Rules and regulations. The Minister must consult with the Ministerial Council before amendments to the PCEHR Act are proposed and before PCEHR Regulations are made. The Minister must consult with the Independent Advisory Council and Jurisdictional Advisory Committee before making any PCEHR Rules.

The System Operator has delegated several of her functions to certain officers of DoHA and the Chief Executive Medicare, DHS, who has sub-delegated her delegations to certain DHS officers.

The Healthcare Identifiers Act 2010 and the Healthcare Identifiers Regulations 2010 provide a key foundation to the eHealth record system by establishing the Healthcare Identifiers Service – a national system for uniquely identifying individuals, healthcare provider organisations and individual healthcare providers. The Healthcare Identifiers Service is operated by DHS.