HPOS Terms and Conditions of Use and Access

These Terms and Conditions of Use and Access (Terms and Conditions) apply to all access and use of the HPOS.

1. About these Terms and Conditions

  1. In these Terms and Conditions:
    1. "you" or "your" is a reference to the user agreeing to these Terms and Conditions and all parties acting on the user's behalf (agents);
    2. "we", "our" or "us" is a reference to:
      1. Human Services;
      2. the Service Supplier; and/or
      3. the System Operator,
    3. as the context requires; and
    4. "Terms and Conditions":
      1. means these terms and conditions set out in clauses 1 to 18, as amended from time to time in accordance with clause 2; and
      2. where clause 19 applies, includes the AIR Terms and Conditions
  2. These Terms and Conditions apply to all access and use of the System using a Digital Credential and apply between:
    1. Chief Executive Medicare and us; and
    2. you and any legal entity that you represent in accessing and using the System and any delegate of yours
  3. In using and accessing the System and agreeing to these Terms and Conditions, you warrant that you have the authority of any legal entity you represent to use the System on their behalf and to bind them to these Terms and Conditions
  4. These Terms and Conditions constitute the entire agreement between you and us in connection with the System
  5. We agree to make the System available to you in accordance with these Terms and Conditions
  6. Please read these Terms and Conditions carefully. You agree:
    1. to be bound by these Terms and Conditions every time you use the System, whether you access the System through these Terms and Conditions and by clicking "I agree" or whether you access the System through other web pages; and
    2. that you are responsible for the appointment and management of your delegates and of their use of the System

2. Changes to Terms and Conditions

  1. You agree:
    1. that we may change or add to these Terms and Conditions at any time, by giving you notice, which may be provided electronically;
    2. that a message sent to your email address (as held in our records) or by notice published on our Health professionals website is one way of giving you notice electronically;
    3. that if you do not agree to the amendments, you (as your sole remedy) should cease to use the System;
    4. that if you access or use the System after you have been notified of a change or addition to these Terms and Conditions, you will be taken to have agreed to that change or addition in respect of all access to and use of the System after that date; and
    5. that these Terms and Conditions may not be changed orally or by conduct by any person

3. Compliance

  1. You agree:
    1. to comply with these Terms and Conditions in relation to your access to, and use of, the System;
    2. that you must ensure that your agents do not do anything that these Terms and Conditions prevent you from doing; and
    3. to inform your delegate(s) and any legal entity that you represent, of these Terms and Conditions and its responsibilities under these Terms and Conditions when using the System
  2. You must not assign or sub-licence any rights or novate your obligations under these Terms and Conditions
  3. If any part of these Terms and Conditions are illegal or unenforceable, we may remove that part from these Terms and Conditions and the remaining parts will continue in force

4. Accuracy of information and representations and false or misleading information

  1. You understand that:
    1. giving false or misleading information is a serious offence, under the Criminal Code Act 1995 (Cth);
    2. we regularly undertake audits of access to, and use of, the System; and
    3. if we become aware of the provision of false or misleading or information or any fraudulent activity in connection with your Secure Access Details or the System, to the extent permitted by law, the Commonwealth will pursue the relevant person(s)
  2. You agree:
    1. that all information you provide, and representations you make, to us are true, complete and accurate;
    2. that we are not liable for the accuracy of any information provided or representations made by you or for any action taken by us in reliance on that information or those representations, where you do not provide information that is true and correct in all respects;
    3. that you must not provide false and misleading information and that doing so may result in prosecution and civil or criminal penalties;
    4. to promptly notify us in the event that you consider any information provided, or representation made by you:
      1. needs to be updated, including your email address as held in our records; or
      2. is or may be incorrect or misleading;
    5. that we are not responsible for any failure in relation to payments made to you where you do not provide correct bank account details; and
    6. that providing incorrect information through the System that results in an overpayment to you will be treated in the same way as providing incorrect information on a form or in person

5. Terms of use of the System

  1. You agree:
    1. that any use of the System using your Digital Credential, or any use of the System by your delegate(s), is taken to be a use of the System by you;
    2. that we may monitor your access to the System;
    3. that we own all intellectual property rights in the System or use the System under licence from a third party;
    4. that your use of the System is by way of a non-exclusive licence as set out in these Terms and Conditions and in no way transfers or assigns ownership in any intellectual property rights (including copyright) to you; and
    5. that we will use reasonable efforts to protect information submitted by you in connection with the System, but you agree that your submission of such information is at your sole risk, and we disclaim any and all liability to you for any loss or liability relating to such information in any way

6. Personal Information

  1. You declare that you will comply with your obligations under the Health Insurance Act 1973 (Cth) to not make a record of, divulge or communicate protected information (as defined in section 130 of the Health Insurance Act 1973 (Cth)) other than in the course of your duties as a healthcare provider. You understand that failure to do so may be an offence under the Health Insurance Act 1973 (Cth)
  2. You declare that you will comply with your obligations under the National Health Act 1953 (Cth) to not divulge or communicate protected information (as defined in section 135A of the National Health Act 1953 (Cth)) other than in the course of your duties as a healthcare provider. You understand that failure to do so may be an offence under the National Health Act 1953 (Cth)
  3. You agree:
    1. to keep Personal Information about other persons uploaded to the System by you, or accessed from the System by you, confidential;
    2. not to access, use, disclose, publish, communicate, retain or otherwise deal with Personal Information except in the course of performing your duties directly related to your access to or use of the System;
    3. to store and protect Personal Information with appropriate security, having regard to the nature of the information; and
    4. that your privacy obligations under clauses 6.3(a) to 6.3(c) are perpetual.
  4. You understand that your Personal Information is protected by law, including the Privacy Act 1988 (Cth) and is collected by us for the assessment and administration of payments and services
  5. You understand that your Personal Information may be used by us or given to other parties for the purposes of research, investigation or where you have agreed or it is required or authorised by law
  6. You understand that you can get more information about the way in which we will manage your Personal Information, including our privacy policy or by requesting a copy of the full privacy policy from us

7. Security

  1. You agree:
    1. to keep:
      1. your Digital Credential;
      2. your authentication details, password(s), passphrase(s) and tokens with respect to your PKI Digital Credential (as applicable);
      3. your System secret questions and answers;
      4. any mobile phone, smart phone or tablet containing an application for generating a System secure access code;
      5. any System secure access codes generated via a mobile phone application or smart phone application; and
      6. any other security details for your access to the System, (together, your “Secure Access Details”) confidential and secure whilst the item is valid for accessing the System;
    2. to take all necessary precautions to prevent loss, disclosure, modification, or unauthorised use of your Secure Access Details, which includes ensuring that your device, computer or workstation (as appropriate) being used to access the System is appropriately secured (for example, locked) when unattended;
    3. where required, to change your System password(s) regularly and when prompted by the System and/or us;
    4. to not permit any other person to use your Secure Access Details; and
    5. that you must ensure that you have appropriate business and security controls in place to ensure all claims, forms and other documentation submitted to us, whether using the System or otherwise, are appropriately authorised, and require your delegates to do the same

8. Notification to us

  1. You agree to immediately notify us in writing in the event:
    1. of the possible loss or theft of any of your Secure Access Details;
    2. that you consider or suspect that any of your Secure Access Details are compromised in any way;
    3. that you become aware of or suspect that an unauthorised person:
      1. has accessed the System; or
      2. has submitted claims, forms or other documentation to us, whether using the System or otherwise; or
      3. that you become aware of or suspect any identity theft, impersonation or any other fraudulent activity in connection with your Secure Access Details or the System

9. Accessibility

  1. You agree:
    1. that we may from time to time change our technical requirements in relation to the use of the System, which may require you to:
    2. change your Secure Access Details; or
    3. upgrade your software / browser; and
    4. that your access to the System is contingent on services provided by telecommunications and internet service providers, and other external factors, and that we cannot guarantee the availability of the System

10. Changes to the System

  1. You agree:
    1. that we may make changes to the System at any time, with or without notice to you;
    2. that we may notify you of changes to the System through information and notices available to you when you access the System;
    3. that you are responsible for regularly accessing notices and information provided by us through the System; and
    4. that in the future, we intend to make changes to the System to link you (being an individual) to one or more health provider organisations (if applicable), with corresponding changes to these Terms and Conditions in accordance with clause 2

11. Subscriptions and email notifications

  1. You agree:
    1. that the System's Subscription service (Subscriptions) is a voluntary opt-in service and if you opt-in to Subscriptions, you agree you are unable to withdraw from Subscriptions for thirteen (13) weeks, and that by opting-in to Subscriptions, you will not receive paper/hardcopy statements and documents from us;
    2. that the System's Automatic Subscription service (Automatic Subscriptions) is an automatic service through which you may be automatically subscribed to receive some statements electronically through the System, and that you cannot control access to or unsubscribe from Automatic Subscriptions; and
    3. that by selecting Yes to receiving email notifications, you opt-in to be notified by email when you have new correspondence in the System's Mail Centre service (Mail Centre), and that you are able to opt-out of Mail Centre at any time

12. Liability

  1. You agree:
    1. that you are responsible for any damage to your computer, systems or software caused by any Harmful Code, corruption, attack, interference or other security intrusion;
    2. that to the maximum extent permitted by law:
      1. we make no warranty, express or implied, that the information included in or accessed through the System is correct or current;
      2. the System is provided on an 'as is' and 'as available' basis and we make no representations or warranties that the System will be free from loss, corruption, attack, Harmful Code, interference or other security intrusion, or will be uninterrupted, error free, fit for purpose, that any defects with the System will be rectified or that the System will not have unintended effects on the operation of your computer, systems or software;
      3. we (and our employees and agents) exclude any and all liability we (or they) may have to you or anyone acting on your behalf for any claims, costs, losses, liabilities, expenses or damage ("Losses"), whether direct, indirect or consequential, punitive, special or otherwise (including, without limitation, communication costs, support costs, software acquisition or losses including losses associated with the System being from time to time inoperative or inaccessible) arising from or in connection with:
        1. your access to or use of, or anyone on your behalf's access to or use of, the System;
        2. errors or omissions in content;
        3. incorrect information provided to you;
        4. your failure to comply with these Terms and Conditions;
        5. our termination or suspension of your access to the System;
        6. your loss or disclosure of your Secure Access Details; and
        7. the System being altered or modified or not being available

13. Restriction, suspension and termination

  1. You agree:
    1. that we may at any time, at our absolute discretion, restrict or suspend your access (including access of any of your delegates) to the System, including:
      1. because we reasonably believe that you have breached these Terms and Conditions;
      2. because you have been removed from the Register;
      3. because we reasonably believe that your access has been used to perform an unauthorised transaction;
      4. because you are no longer eligible to access the System; or
      5. for any other reason;
    2. that we may at any time, at our absolute discretion, terminate your access (including access of any of your delegates) to the System, including:
      1. because we reasonably believe that you have breached these Terms and Conditions;
      2. because you have been removed from the Register;
      3. because we reasonably believe that your access has been used to perform an unauthorised transaction;
      4. because you are no longer eligible to access the System; or
      5. for any other reason;
    3. that either party may terminate these Terms and Conditions at any time by giving written notice to the other party (Date of Termination). You understand that you will not be able to use the System after termination however, any rights we may have in respect of your use of our System are preserved; and
    4. that if these Terms and Conditions are terminated, your obligations under these Terms and Conditions will continue in respect of any use of the System before the Date of Termination, and our rights to recover any debt owing will also continue

14. Jurisdiction

  1. These Terms and Conditions are issued under and are to be construed in accordance with the laws in force from time to time in the Australian Capital Territory. All parties submit to the non-exclusive jurisdiction of the courts of the Australian Capital Territory and courts of appeal from them. Neither party will object to the exercise of jurisdiction by those courts on any basis

15. Contra Proferentem

  1. No rule of construction will apply in the interpretation of these Terms and Conditions to the disadvantage of one party on the basis that that party put forward or drafted these Terms and Conditions or any part of these Terms and Conditions

16. Contact Information

  1. If you have any questions about these Terms and Conditions, please contact us

17. Declaration

  1. By clicking "I agree" and submitting this document, You declare that:
    1. you have the authority to agree to and submit this document;
    2. the information provided is true, complete and correct;
    3. you have read and understood the Terms and Conditions as outlined in clauses 1 to 18;
    4. you have read and understood the AIR Terms and Conditions as outlined in clause 19; and
    5. you are the individual that you assert to be

18. Definitions and interpretation

  1. In these terms and conditions, a reference to:
    1. "AIR" means the Australian Immunisation Register established and kept under the Australian Immunisation Register Act 2015 (Cth);
    2. "AIR Terms and Conditions" means the AIR terms and conditions as set out in clause 19, as amended from time to time in accordance with clause 2;
    3. "Digital Credential" means:
      1. a unique PRODA digital credential assigned to an individual, for access to the System, comprised of a username and password(s); or
      2. a unique authentication assigned to an individual or organisation through the use of a DHS PKI certificate, for access to the System;
    4. "Harmful Code" means any software or code that is designed to infiltrate a device, computer or system without a user's informed consent, such as malware, virus, hacking tools and Trojans, irrespective of the origin;
    5. "HPOS" means the Health Professional Online Services system, which includes access to a range of programs including the Medicare Bulk Bill Webclaim, DVA Webclaim and DVA Allied Health Webclaim;
    6. "Human Services" means the Commonwealth of Australia acting through the Department of Human Services;
    7. "Personal Information" has the same meaning as under section 6(1) of the Privacy Act 1988 (Cth) which is, information or an opinion about an identified individual, or an individual who is reasonably identifiable:
      1. whether the information or opinion is true or not; and
      2. whether the information or opinion is recorded in a material form or not;
    8. "PKI" means Public Key Infrastructure, and refers specifically to Human Services' electronic trust framework to provide authentication and confidentiality for online transactions through the use of keys and certificates;
    9. "PRODA" means the Provider Digital Access system;
    10. "Register" means the Australian Health Practitioner Regulation Agency Register of Practitioners;
    11. "Secure Access Details" has the meaning given in clause 7.1(a);
    12. "Service Supplier" means:
      1. Human Services;
      2. the Chief Executive Medicare; and/or
      3. the System Operator of the My Health Record system appointed under section 14 of the My Health Records Act 2012 (Cth);
    13. "System":
      1. HPOS; and
      2. where clause 19 applies, includes AIR; and
    14. "System Operator" means Human Services, which provides an online interface to the systems of the Service Supplier
  2. In these Terms and Conditions:
    1. headings are for convenience only, and do not affect interpretation;
    2. a singular word includes the plural, and vice versa;
    3. a reference to a clause is to a clause in these Terms and Conditions; and
    4. the meaning of general words is not limited by specific examples introduced by "including", "for example" or similar expressions

19. AIR Terms and Conditions

  1. These AIR terms and conditions apply (in addition to the clauses of the HPOS Terms and Conditions) when I access and use AIR through HPOS. Noting:
    1. Section 4 of the Australian Immunisation Register Act 2015 (`the Act’) defines protected information as meaning personal information, relevant identifying information or information that is commercial in confidence, to the extent that this information:
      1. is obtained under, or in accordance with, the Act; or
      2. is derived from a record of information that was made under, or in accordance with, the Act; or
      3. is derived from a disclosure or use of information that was made under, or in accordance with, the Act
    2. It is an offence, punishable on conviction by imprisonment or a fine, for a person, while unauthorised to do so, to disclose or use any protected information
  2. I acknowledge that:
    1. I am a recognised vaccination provider or a prescribed body for the purposes of the Australian Immunisation Register Act 2015
    2. I may collect, make a record of, disclose or otherwise use protected information only for the purposes of the AIR
  3. I agree to:
    1. Not make a record of, disclose or otherwise use protected information other than for the purposes of the AIR or as required or authorised by law or Court or Tribunal order;
    2. Take active measures to ensure the security of any protected information;
    3. Take reasonable steps to protect any protected information from misuse, interference and loss, as well as unauthorised access, modification or disclosure;
    4. Comply, as far as practicable, with any policy guidelines laid down by the Commonwealth or issued by the Office of the Australian Information Commissioner in relation to the handling of any protected Information;
    5. Undertake any specific privacy training required by the Commonwealth related to the handling of protected information so that I am aware of the obligations imposed by relevant privacy laws and the Australian Immunisation Register Act 2015;
    6. Ensure that persons under my direction or control, who will access any protected information, undergo privacy training so that they are aware of the obligations imposed by relevant privacy laws and the Australian Immunisation Register Act 2015;
    7. Immediately notify the Commonwealth upon becoming aware of a breach or possible breach of any of the obligations contained in, or referred to in paragraphs a – f above; and
    8. The obligations under paragraphs a – g above apply in perpetuity
  4. I declare that I have read and agree to comply with the Human Services' privacy policy

20. Department of Veterans’ Affairs (DVA) Terms and Conditions

  1. I agree and certify that no charge will be levied against the patient/s for the service/s

Page last updated: 27 August 2017