Announcement date
27 and 31 March 2026
Link to announcement
My Health Records Rules 2026 - Federal Register of Legislation
My Health Records Regulations 2026 - Federal Register of Legislation
Problem being addressed
The My Health Records Act 2012 (the Act) provides for the establishment and operation of the national My Health Record (MHR) system, to provide access to health information relating to consumers’ healthcare. The Act prescribes the Australian Digital Health Agency as the System Operator of the My Health Records System. The Act also prescribes key matters to support the registration of healthcare recipients for a My Health Record.
The Legislative Instruments authorised under the Act (MHR Instruments) include:
- My Health Records Regulation 2012 (MHR Regulation 2012). Note the sunsetting date for this instrument results from the Legislation (My Health Records Instruments) Sunset-altering Declaration 2022 (2022 Sunset-altering Declaration) made under subsection 51A(1) of the Legislation Act on 25 January 2022.
- My Health Records Rule 2016 (MHR Rule 2016). Note the sunsetting date for this instrument results from the 2022 Sunset-altering Declaration.
- My Health Records (Assisted Registration) Rule 2015 (MHR Assisted Registration Rule 2015).
- My Health Records (Opt-out Trials) Rule 2016 (MHR Opt-Out Trials Rule 2016).
The MHR Instruments aligns certain definitions across legislation by importing relevant definitions from the Healthcare Identifiers Act 2010 (HID Act) and provides for the Service Operator under the HID Act (HI service operator) to share critical information with the MHR System Operator to support My Health Record registrations. The MHR Instruments also provides additional detail in respect of the definition of ‘nominated healthcare provider’ in section 5 of the Act, and the interaction of state and territory laws.
Proposal
The Department of Health, Disability and Ageing proposed to remake some of the MHR instruments without significant amendments and repeal others.
Assessment comments
Consistent with the Government's Policy Impact Analysis requirements for sunsetting instruments, the Department of Health, Disability and Ageing has certified that the instrument is operating effectively and efficiently in lieu of preparing an Impact Analysis for remaking the MHR Instruments. This assessment was informed by a consultation process involving public consultation, as well as targeted engagement with states and territories, the Australian Digital Health Agency, Services Australia, and the Office of the Australian Information Commissioner between October 2024 and February 2026.
Regulatory burden
The Department of Health, Disability and Ageing estimates nil change in the average annual regulatory burden to people, business or community organisations in remaking the MHR instruments.