a registration framework for individuals, and entities such as healthcare provider organisations, to participate in the My Health Record system,
a privacy framework (aligned with the Privacy Act 1988) specifying which entities can collect, use and disclose certain information in the system (such as health information contained in a healthcare recipient’s My Health Record), and the penalties that can be imposed on improper collection, use and disclosure of this information.
The Commonwealth Minister for Health can make My Health Records Rules under section 109 of the My Health Records Act, about matters required or permitted by that Act to be dealt with by My Health Records Rules, as set out in the My Health Records Act.
Section 14 of the My Health Records Act provides that the System Operator is the Secretary of the Department of Health or a body established by a Commonwealth law that is prescribed under the regulations.
Prior to 1 July 2016, the System Operator was the Secretary of the Department of Health. On 1 July 2016 the Australian Digital Health Agency became the System Operator. Regulation 2.1.1 of the My Health Records Regulation 2012, prescribes the Australian Digital Health Agency to be the System Operator.