Health Legislation Amendment (Modernising My Health Record - Sharing by Default) Act 2025 (8 of 2025)

Schedule 1   Main amendments

Part 1   My Health Records

My Health Records Act 2012

14   At the end of Part 4

Add:

Division 5 - Authorised collection, use and disclosure for compliance purposes

73C Collection, use and disclosure of health information in relation to compliance with share by default provisions

(1) A person covered by subsection (2) is authorised to collect, use and disclose, for the purposes of monitoring, investigating or enforcing compliance with a share by default provision, health information disclosed to the person under section 70AA.

(2) This subsection covers the following persons:

(a) the Chief Executive Medicare;

(b) the Secretary of the Department;

(c) a Commonwealth entity (within the meaning of the Public Governance, Performance and Accountability Act 2013) (if any) specified in the My Health Records Rules for the purposes of paragraph 70AA(2)(c).

73D Collection, use and disclosure of healthcare identifiers and identifying information in relation to compliance with share by default provisions

(1) An entity mentioned in column 1 of an item of the following table is authorised to take action of the kind described in column 2 of that item with information of the kind described in column 3 of that item in the circumstances described in column 4 of that item.

Collection, use and disclosure in relation to compliance with share by default provisions

       

Item

Column 1

Entity

Column 2

Permitted action

Column 3

Information

Column 4

Circumstances

1

participant in the My Health Record system

use

disclose

identifying information about any of the following:

(a) a healthcare recipient;

(b) a healthcare provider

the healthcare identifier of any of the following:

(a) a healthcare recipient;

(b) a healthcare provider

the use or disclosure is for the purposes of compliance with a share by default provision

2

Secretary of the Department

collect

use

disclose

identifying information about any of the following:

(a) a healthcare recipient;

(b) a healthcare provider

the healthcare identifier of any of the following:

(a) a healthcare recipient;

(b) a healthcare provider

the collection, use or disclosure is for the purposes of monitoring, investigating or enforcing compliance with a share by default provision

3

Chief Executive Medicare

collect

use

disclose

identifying information about any of the following:

(a) a healthcare recipient;

(b) a healthcare provider

the healthcare identifier of any of the following:

(a) a healthcare recipient;

(b) a healthcare provider

the collection, use or disclosure is for the purposes of monitoring, investigating or enforcing compliance with a share by default provision

4

service operator for the purposes of the Healthcare identifiers Act 2010

collect

use

disclose

identifying information about any of the following:

(a) a healthcare recipient;

(b) a healthcare provider

the healthcare identifier of any of the following:

(a) a healthcare recipient;

(b) a healthcare provider

the collection, use or disclosure is for the purposes of monitoring, investigating or enforcing compliance with a share by default provision

5

any Commonwealth entity (within the meaning of the Public Governance, Performance and Accountability Act 2013) specified in the My Health Records Rules

collect

use

disclose

identifying information about any of the following:

(a) a healthcare recipient;

(b) a healthcare provider

the healthcare identifier of any of the following:

(a) a healthcare recipient;

(b) a healthcare provider

the collection, use or disclosure is for the purposes of monitoring, investigating or enforcing compliance with a share by default provision