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Last updated 03 April 2016

Managing access, privacy and security

An authorised representative is a person who has applied to, and satisfied, the System Operator that they have parental or legal authority, or is otherwise appropriate, to act on behalf of an individual.

An authorised representative must act in accordance with the will and preference of the person they represent. Authorised representatives can access, view and update the information in the individual’s My Health Record, as well as add/remove other people as nominated representatives.

A person may be an authorised representative if they are:

  • A parent or someone with parental responsibility (for individuals under 18)
  • If there is no one with parental responsibility someone with legal authority to act on behalf of the person
  • If there is no one who has parental responsibility or legal authority, someone who is otherwise appropriate to act on behalf of the person, such as a close family member or friend.

To prove parental responsibility, documentation must be shown. This can include:

  • Birth certificate
  • Medicare card (with both names)
  • An order from an Australian court or tribunal proving parenthood

In addition, to demonstrate Authorised Representative status a person can show:

  • Enduring power of attorney
  • Enduring guardianship
  • Guardianship order

For an otherwise appropriate person, they must provide a statutory declaration outlining their relationship to the person and that, to the best of their knowledge, there is no one with parental responsibility or legal authority to act on behalf of the individual. A template statutory declaration is available.

For an individual over 18, documents such as an enduring power of attorney may be required to demonstrate who an appropriate person is.

A person’s authorised representative status will be ceased or may not be granted if someone else with more responsibility exists (for example: a parent has a greater level of care than someone with legal authority). In this case, the person will receive notification via mail.

It is important for step-parents to consider whether they have the necessary legal authority to act on behalf of their step-children in relation to the My Health Record system.

Authorised representatives are required to act in accordance with the will and preferences of the person they represent.

Most issues between authorised representatives should be attempted to be resolved amongst themselves.

If an authorised representative is not acting in accordance with the will and preference of the individual, their status may be ceased.

An authorised representative will need to provide evidence to the System Operator in order to cease another authorised representative‘s status.

If an authorised representative’s status is ceased or suspended, the person will be notified by the System Operator. In this case, the ceased or unsuccessful representative may appeal the decision by contacting the System Operator.

If you have any questions or are searching for more information contact the System Operator on 1800 723 471.

Yes. a person can have more than one Authorised Representative. To view who else is an Authorised Representative, an individual can access the “Settings - manage access to this record” screen in the My Health Record to see who else has access to their record.

An authorised representative can, but is not required to:

  • View information
  • Remove documents from the record
  • Update personal details
  • Include information in the personal health summary to share with Healthcare Providers
  • Include personal health notes about the health and development of the person (not accessible to healthcare providers)
  • Change the consent for information held by Medicare to be uploaded to the record
  • Restrict access to the person’s record to selected healthcare providers organisations
  • Add or remove nominated representatives from the record
  • View other authorised representatives who have access to the recordv
  • Cancel or suspend the person’s registration

If you need assistance managing or updating your My Health Record, you can nominate a trusted person to be a nominated representative with either read-only access or with full access (as if they were you).

If you need help registering for a My Health Record you can:

  • Visit a Medicare Service Centre, or
  • Seek assisted registration from a healthcare provider organisation that provides this service.

In the case of a child, or person who does not have capacity, another person known as an authorised representative can register that child or person for a My Health Record, and can manage that record of their behalf.

It is important that anyone registering for a My Health Record understands the essential information about having a record, such as which information will be accessible to Healthcare Providers and nominated representatives. A person should not be registered for My Health Record if they do not want one.

A Nominated Representative is a person that has been chosen by the individual to assist with managing an individual’s My Health Record.

A Nominated Representative can access and view an individual’s My Health Record, and a Full Access Nominated Representative has the ability to access, view and update an individual’s My Health Record.

Nominated representatives are required to act in accordance with the will and preferences of the person they represent.

For a person over 18 an authorised representative must prove that the individual cannot manage their own My Health Record. This can be done by consulting a medical practitioner or psychologist. The medical practitioner or psychologist will make a determination on the individual’s capacity to manage their own record and provide written advice to this effect.

An individual over 18 that has an authorised representative but wants to manage their record themselves will need to prove their capacity to manage their My Health Record to take control of their record. This can be in the form of:

  • A letter from a medical practitioner or psychologist
  • A relevant court or tribunal decision

Individuals who are 14 to 17 do not need to prove their capacity if they want to take control of their record or register for a record.

An individual under 14 will need to prove their capacity to register for, or take control of their My Health Record. This can be in the form of:

  • A letter from a medical practitioner or psychologist
  • A relevant court or tribunal decision

If a person has a fluctuating capacity to manage their own My Health Record, they may choose to appoint a nominated representative for additional support.

Yes. A person can remove themselves as an Authorised Representative; however they need to consider the impact on the individual.

If an individual does not have an Authorised Representative but requires one, their My Health Record account may be cancelled.

A person’s status as an authorised representative ceases if:

  • The person they represent chooses and is able to take control of their own My Health Record
  • The person turns 18 (in the case of a child’s My Health Record)
  • The authorised representative no longer has legal authority or parental responsibility such as through court action
  • The end date of their legal authority is reached

If there are any issues with an authorised representative or the management of an individual’s My Health Record please call the My Health Record help line on 1800 723 471.

In certain circumstances, the System Operator also has the ability to restrict the creation of or access to a child’s My Health Record.

Any person wanting to become an authorised representative is required to apply to the System Operator.

To become an authorised representative and register another person for a My Health Record, a person must provide:

  • Evidence that the individual does not have capacity to manage their own My Health Record (only required for dependants 18 and over or those under 18 who have previously taken control of their record) such as a letter from a medical practitioner or psychologist or a guardianship order
  • Their authority to act on behalf of the person
  • Their identity details such as name, date of birth and Medicare number
  • The other person’s identity details such as name, date of birth and Medicare number

These documents must be provided as either a certified copy, or an original copy.

Last updated 03 April 2016