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

13   At the end of Subdivision B of Division 2 of Part 4

Add:

70AA Collection, use and disclosure in relation to compliance with share by default provisions

(1) Subject to section 69, the System Operator is authorised to collect, use and disclose to a person covered by subsection (2) information covered by subsection (3) for the purposes of monitoring, investigating or enforcing compliance with a share by default provision.

(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.

(3) This subsection covers health information that is:

(a) included in a healthcare recipient's My Health Record; and

(b) of a kind specified in the My Health Records Rules.

(4) Subsection (1) does not authorise the System Operator to collect, use or disclose healthcare recipient-only notes.