Review of the My Health Records Legislative Instruments

Feedback updated 10 Mar 2026

We asked

Between 7 August and 6 September 2025, the Department of Health, Disability and Ageing sought your feedback on a consultation paper on the Review of My Health Records Legislative Instruments under the My Health Records Act 2012 (MHR Act).  

Four of these instruments are due to sunset (cease) on 1 April 2026 in accordance with the Legislation Act 2003. A fifth instrument was also included in this review, although it is not due to sunset until 1 April 2028. 

You said

We received 26 submissions from stakeholders across the health and care sector, including health professional bodies, organisations representing consumers and those working in the insurance and digital health sector.

We did

We reviewed all the submissions and developed an Outcomes Summary Report based on the feedback received. The findings were organised into key themes aligned with the consultation questions.  

Feedback that was outside the scope of this review will be considered in future reforms, including work to modernise the My Health Record system.  

We appreciate all individuals and organisations who provided submissions to the public consultation for this review. Your feedback played an important role in informing the review and ensuring the instruments remain fit for purpose. 

The Outcomes Summary Report has now been published and can be viewed under related documents.

Closed 6 Sep 2025

Opened 7 Aug 2025

Contact

Digital Health Branch

DigitalHealthFoundations@health.gov.au

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. 

Audiences

  • Anyone from any background

Interests

  • Legislation