Review of the My Health Records Legislative Instruments

Overview

Since its inception in 2012, the My Health Record (MHR) system, and its governing legislation, has undergone several changes and enhancements to better service its purpose, making it a unique national digital health record for all Australians.

Legislative instruments are laws that are made under the authority of an Act and contain legal rules that affect lives and businesses. The My Health Record (MHR) system is established by the My Health Records Act 2012 (MHR Act). There are four legislative instruments under the MHR Act that are due to sunset (cease) on 1 April 2026:

1. My Health Records Regulation 2012
2. My Health Records Rule 2016
3. My Health Records (Assisted Registration) Rule 2015
4. My Health Records (Opt-Out Trials) Rule 2016

A fifth instrument, the My Health Records (National Application) Rules 2017 is also within the scope of this review, however, is not due to sunset until 1 April 2028.

Under the Legislation Act 2003, most legislative instruments automatically repeal after 10 years of operation. In order to continue, they must be reviewed and remade, to ensure they remain necessary and are aligned with current government policy.

Why your views matter

Your input matters. The associated consultation paper can be found below under related documents.

If you would like to participate in the consultation process, you are invited to do so via the link below or by emailing DigitalHealthFoundations@health.gov.au.