In order to make sure the information you need about your health and well-being is up to date, we need to be able to keep track of your information, access it and share it with others.
If you have health and wellbeing concerns, there are several ways you can report information that doesn’t meet the requirements of the Australian Health Information Standards (AHSIS).
We will look at what your rights are, what is the legal basis for those rights and what the penalties are for those who fail to meet them.
What is the AHSIS?
The AHSis is the Australian Government’s information standards organisation.
It was established in 2011 to promote and maintain high standards of health and safety in Australia and around the world.
The organisation provides guidelines for the conduct of health information, including for health information technology and digital health.
The AHRIS aims to ensure the quality, timeliness and relevance of information provided by health care providers and other relevant stakeholders.
For more information about the AHRis, please see: AHRIs overview AHRs are a statutory body and the Federal Government has the power to legislate in this area.
For a list of AHRS amendments to be considered by the Government, please refer to the Government’s health information legislation update.
In Australia, AHRISA covers a wide range of health related information and information technology related services and services to: assist individuals with the diagnosis and management of health problems; provide information and advice to support decisions relating to health and health care; and manage health related events, such as births, funerals, marriages, etc. In addition, the AHP has published guidance and advice on the AHA, the National Health Service, the Commonwealth and State Governments.
It also contains guidance on how information technology services can be provided.
What are the legal bases for those legal rights?
The Australian Health Practitioner Regulation Authority (AHPRA) is a body that has a duty to ensure that all health care professionals comply with AHRSI requirements and that health care practitioners comply with the Australian Standard Code of Practice for the Care and Treatment of Health Problems.
The AHPRA is made up of the AHPRC and the AHPC, and is responsible for regulating AHRI.
Under the AHPA, a practitioner who provides medical advice and treatment to a person or group of persons who are at risk of being ill or at risk for death is required to comply with a Code of Conduct, which sets out the conditions and requirements for providing that care.
A practitioner must also comply with any other relevant requirements of AHPIs, including those relating to patient safety.
You have a legal right to ask for clarification from a health professional, whether that is in relation to a health information provision, an AHR or a Code, whether a practitioner has failed to provide information in a way that is consistent with their duties, or whether they are not complying with AHPI requirements in any of these areas.
In the case of health care information and related services, this is called ‘informing’ the person you are speaking to.
This is done by asking for clarification about a requirement or information that is not in the Code of practice, or by asking a health practitioner to clarify a matter.
The person asking for information is also required to provide a copy of the Code, or any relevant guidance and a statement of the reasons for the discrepancy, as well as evidence that the information provided is accurate, reliable and accurate and up to the standards set out in the AHPrA.
In relation to information technology providers, the AHPS is the body that regulates information technology.
AHPs duty to act in good faith applies to all health information and technology providers.
If a health care provider fails, wilfully obstructs or prevents you from accessing your health information or your health care, they are liable to a fine and/or imprisonment of up to 6 months, or both.
If there is a reasonable excuse, the offence is referred to the appropriate police or crime commission for prosecution.
You can find out more about the health information requirements and penalties in the Federal Health Information Act 2016.
What do you do if you are not satisfied with the actions of a health service provider?
You can report your concerns to the Health Information Commissioner and ask for an investigation.
The health information commissioner can investigate if you or someone you care for is concerned about: the care provided to you or a person who you care about