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

4   After section 10

Insert:

10A Sharing information with the My Health Record system

(1) An entity other than an approved registered repository operator shares with the My Health Record system information if the entity uploads, for the purposes of the My Health Record system, the information to:

(a) a repository that forms part of the National Repositories Service; or

(b) a repository to which a registered repository operator's registration relates.

(2) An approved registered repository operator shares with the My Health Record system information if the registered repository operator:

(a) uploads, for the purposes of the My Health Record system, the information to a repository that forms part of the National Repositories Service; or

(b) takes, in relation to the information, the action specified in the My Health Records Rules.

10B When an upload exception applies

An upload exception applies in relation to an entity sharing with the My Health Record system information about healthcare provided to an individual if:

(a) the individual is not a registered healthcare recipient; or

(b) either:

(i) the individual, or an authorised representative or nominated representative of the individual, has advised the entity; or

(ii) the entity has otherwise been informed that the individual, or an authorised representative or nominated representative of the individual, has advised;

that the information must not be uploaded to the My Health Record system; or

(c) an individual healthcare provider reasonably believes that the information should not be shared with the My Health Record system because of a serious concern for the health, safety or wellbeing of the individual; or

(d) the information cannot be shared with the My Health Record system due to circumstances beyond the reasonable control of the entity.

10C When an application is finally determined

(1) An application under section 41B, 42 or 78B is finally determined when the System Operator has made a decision (the original decision ) on the application and:

(a) the original decision is to approve the application; or

(b) no notice of the original decision is given because subsection 97(2A) applies; or

(c) no notice asking the System Operator to reconsider the original decision is given within the period mentioned in subsection 97(4); or

(d) all of the following apply:

(i) a notice asking the System Operator to reconsider the original decision is given within the period mentioned in subsection 97(4);

(ii) the System Operator reconsiders the original decision;

(iii) no application is made to the Administrative Review Tribunal within the period mentioned in section 18 of the Administrative Review Tribunal Act 2024 for review of the System Operator's reconsideration decision; or

(e) an application is made to the Administrative Review Tribunal within the period mentioned in section 18 of the Administrative Review Tribunal Act 2024 for review of the System Operator's reconsideration of the original decision, the Administrative Review Tribunal decides the application and one of the following applies:

(i) subsection 123(1) of that Act does not apply in relation to the Administrative Review Tribunal's decision;

(ii) no application is made under section 123 of that Act within the period mentioned in section 125 of that Act to refer the Administrative Review Tribunal's decision to the guidance and appeals panel;

(iii) any application that is made under section 123 of that Act within the period mentioned in section 125 of that Act to refer the Administrative Review Tribunal's decision to the guidance and appeals panel is refused; or

(f) both of the following apply:

(i) the President of the Administrative Review Tribunal refers the Administrative Review Tribunal's decision on the application for review of the System Operator's reconsideration of the original decision to the guidance and appeals panel under section 123 of the Administrative Review Tribunal Act 2024;

(ii) the Administrative Review Tribunal makes a decision on the guidance and appeals panel application (within the meaning of the Administrative Review Tribunal Act 2024) taken to be made because of the referral.

(2) An application under section 41B or 78B is finally determined when the System Operator ceases to consider the application under subsection 41B(4) or 78B(4).