{"id":"F2025L01569","name":"My Health Record (Share by Default) Rules 2025","slug":"my-health-record-share-by-default-rules-2025","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":443081,"registerId":"F2025L01569-fast-fetch-1775957992582","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"My Health Record (Share by Default) Rules 2025","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n![Commonwealth Coat of Arms of Australia](image.001.jpeg)\n\n \n\nMy Health Record (Share by Default) Rules 2025\n\nI, Mark Butler, Minister for Health and Ageing, make the following rules.\n\nDated 09 December 2025\n\nMark Butler\n\nMinister for Health and Ageing\n\n \n\n \n\n \n\n \n\nContents\n\nPart 1—Preliminary\n\n1 Name\n\n2 Commencement\n\n3 Authority\n\n4 Definitions\n\nPart 2—Sharing health information by default\n\nDivision 1—Diagnostic imaging services\n\n5 Diagnostic imaging services—prescribed healthcare provider organisations\n\n6 Diagnostic imaging services—kinds of healthcare\n\n7 Diagnostic imaging services—information to be shared with the My Health Record system\n\n8 Diagnostic imaging services—period for sharing information with the My Health Record system\n\n9 Diagnostic imaging services—kinds of health information that may be collected, used or disclosed\n\nDivision 2—Pathology services\n\n10 Pathology services—prescribed healthcare provider organisations\n\n11 Pathology services—kinds of healthcare\n\n12 Pathology services—information to be shared with the My Health Record system\n\n13 Pathology services—period for sharing information with the My Health Record system\n\n14 Pathology services—kinds of health information that may be collected, used or disclosed\n\n \n\nPart 1—Preliminary\n\n \n\n1  Name\n\n  This instrument is the My Health Record (Share by Default) Rules 2025.\n\n2  Commencement\n\n (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n \n\n- Commencement information\n- Column 1 Column 2 Column 3\n- Provisions Commencement Date/Details\n- 1. The whole of this instrument 1 July 2026. 1 July 2026\n\n\nNote: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.\n\n3  Authority\n\n  This instrument is made under the My Health Records Act 2012.\n\n4  Definitions\n\nNote: A number of expressions used in this instrument are defined in the Act, including the following:\n\n(a) healthcare;\n\n(b) healthcare provider organisation;\n\n(c) My Health Record system.\n\n  In this instrument:\n\nAct means the My Health Records Act 2012.\n\ndiagnostic imaging premises has the same meaning as in the Health Insurance Act.\n\ndiagnostic imaging service has the same meaning as in the Health Insurance Act.\n\nHealth Insurance Act means the Health Insurance Act 1973.\n\nmedicare benefit has the same meaning as in the Health Insurance Act.\n\npathologist means a medical practitioner:\n\n (a) recognised as a specialist in pathology under subsection 3D(1) of the Health Insurance Act; or\n\n (b) recognised as a specialist in pathology by a determination under paragraph 3DB(4)(a) or subsection 3E(1) of the Health Insurance Act that is in effect; or\n\n (c) who is an approved pathology practitioner (within the meaning of the Health Insurance Act).\n\npathology service has the same meaning as in the Health Insurance Act.\n\nproprietor, in relation to a pathology laboratory or diagnostic imaging premises, has the same meaning as in the Health Insurance Act.\n\nradiologist means a medical practitioner recognised as a specialist in diagnostic radiology:\n\n (a) under subsection 3D(1) of the Health Insurance Act; or\n\n (b) by a determination under paragraph 3DB(4)(a) or subsection 3E(1) of the Health Insurance Act that is in effect.\n\nR‑type diagnostic imaging service has the same meaning as in the Health Insurance Act.\n\nPart 2—Sharing health information by default\n\nDivision 1—Diagnostic imaging services\n\n \n\n5  Diagnostic imaging services—prescribed healthcare provider organisations\n\n  For the purposes of paragraph (b) of the definition of prescribed healthcare provider organisation in section 5 of the Act, a proprietor of diagnostic imaging premises at which healthcare of the kind specified in section 6 of this instrument is rendered by or on behalf of a radiologist is specified as a kind of healthcare provider organisation.\n\n6  Diagnostic imaging services—kinds of healthcare\n\n (1) For the purposes of paragraph 78A(1)(b) of the Act, the following kinds of healthcare are specified for a proprietor of diagnostic imaging premises specified in section 5 of this instrument:\n\n (a) an R‑type diagnostic imaging service referred to in an item of the table in Part 2 of Schedule 1 to the Health Insurance (Diagnostic Imaging Services Table) Regulations (No. 2) 2020 that is rendered by or on behalf of a radiologist, whether or not a medicare benefit is payable for the service;\n\n (b) a medical service referred to in an item of the table in Part 4 of Schedule 1 to the Health Insurance (General Medical Services Table) Regulations 2021 that is rendered by or on behalf of a radiologist, whether or not a medicare benefit is payable for the service;\n\n (c) a health service that:\n\n (i) under a determination in force under subsection 3C(1) of the Health Insurance Act is treated as if it were an item in a table mentioned in paragraph (a) or (b) of this subsection related to the health service; and\n\n (ii) is rendered by or on behalf of a radiologist, whether or not a medicare benefit is payable for the service;\n\n (d) any other kind of healthcare rendered by or on behalf of a radiologist for which a report is created.\n\n (2) Subsection (1) does not apply to a kind of healthcare that is rendered for any of the following purposes:\n\n (a) workplace drug or alcohol testing;\n\n (b) court ordered testing;\n\n (c) law enforcement.\n\n7  Diagnostic imaging services—information to be shared with the My Health Record system\n\n (1) For the purposes of subsection 78A(1) of the Act, the specified information for the kind of healthcare specified in section 6 of this instrument is information that is included in a report or other document that is:\n\n (a) created in relation to that kind of healthcare; and\n\n (b) authorised by the radiologist who rendered the healthcare, or on whose behalf the healthcare was rendered.\n\n (2) Subsection (1) does not apply to images.\n\n8  Diagnostic imaging services—period for sharing information with the My Health Record system\n\n (1) For the purposes of subsection 78A(1) of the Act, this section specifies the period within which information specified in section 7 of this instrument must be shared with the My Health Record system.\n\n (2) The specified period is the period of 24 hours beginning at the time the information is first provided to any of the following:\n\n (a) the healthcare provider who requested the healthcare to which the information relates;\n\n (b) the healthcare provider who is treating the healthcare recipient to whom the information relates;\n\n (c) the healthcare recipient to whom the information relates.\n\n9  Diagnostic imaging services—kinds of health information that may be collected, used or disclosed\n\n  For the purposes of paragraph 70AA(3)(b) of the Act, the following kinds of health information are specified:\n\n (a) the type of a report or other document mentioned in this Division;\n\n (b) the time at which, and the date on which, a diagnostic imaging service mentioned in this Division is requested or rendered.\n\nDivision 2—Pathology services\n\n \n\n10  Pathology services—prescribed healthcare provider organisations\n\n  For the purposes of paragraph (b) of the definition of prescribed healthcare provider organisation in section 5 of the Act, a proprietor of a pathology laboratory at which healthcare of the kind specified in section 11 of this instrument is rendered by or on behalf of a pathologist is specified as a kind of healthcare provider organisation.\n\n11  Pathology services—kinds of healthcare\n\n (1) For the purposes of paragraph 78A(1)(b) of the Act, the following kinds of healthcare are specified for a proprietor of a pathology laboratory specified in section 10 of this instrument:\n\n (a) a pathology service referred to in an item of the table in Part 2 of Schedule 1 to the Health Insurance (Pathology Services Table) Regulations 2020 that is rendered by or on behalf of a pathologist, whether or not a medicare benefit is payable for the service;\n\n (b) a health service that:\n\n (i) under a determination in force under subsection 3C(1) of the Health Insurance Act is treated as if it were an item in the table mentioned in paragraph (a) of this item related to the health service; and\n\n (ii) is rendered by or on behalf of a pathologist, whether or not a medicare benefit is payable for the service;\n\n (c) any other kind of healthcare rendered by or on behalf of a pathologist for which a report is created.\n\n (2) Subsection (1) does not apply to a kind of healthcare that is rendered for any of the following purposes:\n\n (a) workplace drug or alcohol testing;\n\n (b) court ordered testing;\n\n (c) law enforcement.\n\n (3) Subsection (1) does not apply to a kind of healthcare:\n\n (a) that is performed for the sole purpose of a research study or a clinical trial; and\n\n (b) in respect of which information of the kind described in section 12 is not provided to either of the following:\n\n (i) a healthcare provider who is treating the healthcare recipient to whom the information relates;\n\n (ii) the healthcare recipient to whom the information relates.\n\n12  Pathology services—information to be shared with the My Health Record system\n\n  For the purposes of subsection 78A(1) of the Act, the specified information for the kind of healthcare specified in section 11 of this instrument is information that is included in a report or other document that is:\n\n (a) created in relation to that kind of healthcare; and\n\n (b) authorised by the pathologist who rendered the healthcare, or on whose behalf the healthcare was rendered.\n\n13  Pathology services—period for sharing information with the My Health Record system\n\n (1) For the purposes of subsection 78A(1) of the Act, this section specifies the period within which information specified in section 12 of this instrument must be shared with the My Health Record system.\n\n (2) The specified period is the period of 24 hours beginning at the time the information is first provided to any of the following:\n\n (a) the healthcare provider who requested the healthcare to which the information relates;\n\n (b) the healthcare provider who is treating the healthcare recipient to whom the information relates;\n\n (c) the healthcare recipient to whom the information relates.\n\n14  Pathology services—kinds of health information that may be collected, used or disclosed\n\n  For the purposes of paragraph 70AA(3)(b) of the Act, the following kinds of health information are specified:\n\n (a) the type of a report or other document mentioned in this Division;\n\n (b) the time at which, and the date on which, a pathology service mentioned in this Division is requested or rendered.\n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation appears tightly scoped to its original purpose of implementing 'share by default' for diagnostic imaging and pathology services. The structure follows the enabling provisions in the My Health Records Act 2012 (sections 5, 70AA, and 78A) precisely, specifying the organisations, kinds of healthcare, information types, timeframes, and permitted uses required by those provisions. No significant scope creep is evident."},"complexity_factors":["Heavy reliance on external definitions — 8 terms defined by reference to the Health Insurance Act 1973 and associated regulations, requiring cross-referencing to understand scope","Nested conditional logic in exclusions — pathology services have a triple-layer exception (subsection 11(3)) excluding research studies where information isn't provided to treating providers","Parallel structure duplication — Divisions 1 and 2 mirror each other almost exactly (diagnostic imaging vs pathology), creating redundancy but also potential for subtle divergence","Temporal calculation complexity — the '24 hours from first provision' rule (sections 8 and 13) requires tracking multiple trigger points (requesting provider, treating provider, or patient)","Medicare benefit irrelevance clauses — repeated 'whether or not a medicare benefit is payable' qualifiers add conditional overhead without substantive effect","Regulatory table referencing — services defined by reference to specific Parts and Schedules of separate Health Insurance Regulations (2020 and 2021), creating external dependency"],"plain_english_summary":"This law makes diagnostic imaging and pathology services automatically upload authorised written reports to a patient’s My Health Record by default, typically within 24 hours of those reports being sent to the requesting or treating doctor or patient. It affects patients, radiologists/pathologists and treating clinicians, excludes image files and certain tests (e.g. workplace, legal, research), and aims to improve care coordination and reduce duplicated testing while reducing patient-by-patient control over uploads."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"This instrument implements and operationalises the Act’s share‑by‑default power by specifying which provider types, service kinds and timeframes apply; it does not create new statutory powers but prescribes detailed scope and procedures (see secs 5–14 and the authority in sec 3)."},"complexity_factors":["Cross-references to external legislation and schedules (Health Insurance Act 1973 and multiple Health Insurance Regulations/Schedules) create dependency on external lists to identify covered services (see secs 4, 6(1)(a)-(c), 11(1)(a)-(b)).","Mandatory short deadline for sharing (24 hours) imposes operational and compliance pressure on providers and proprietors (see secs 8(2), 13(2)).","Authorisation requirement ties disclosure to clinician sign-off, limiting automated uploads to authorised reports (see secs 7(1)(b), 12(a)-(b)).","Specific exclusions narrow scope but add complexity: images excluded; workplace, court and law‑enforcement tests excluded; research/clinical trial exclusions when results are not provided to treating clinicians or patients (see secs 7(2), 6(2), 11(2)-(3)).","Reliance on defined terms and specialist recognition (radiologist, pathologist, proprietors, R‑type services) requires interpretation of professional status and Medicare definitions (see sec 4).","Operational ambiguity about what counts as ‘created’ or ‘first provided’ for timing and what systems meet sharing requirements may require implementation guidance (see secs 7(1), 8(2), 12, 13(2)).","Who bears costs and compliance obligations is concentrated on proprietors and clinician‑authorisers, while benefits (centralised records) are diffuse across patients and other providers (see secs 5, 10, 7, 12)."],"plain_english_summary":"This instrument requires diagnostic imaging and pathology providers to upload certain clinician‑authorised reports to the My Health Record system by default. It specifies which providers and service types are covered, excludes images and certain testing, and sets a 24‑hour deadline for sharing.  It mainly affects proprietors of diagnostic imaging premises and pathology laboratories, radiologists and pathologists, treating clinicians and patients by shifting the operational burden of timely electronic sharing onto providers."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/my-health-record-share-by-default-rules-2025","history":"/api/acts/my-health-record-share-by-default-rules-2025/history","analysis":"/api/acts/my-health-record-share-by-default-rules-2025/analysis","conflicts":"/api/acts/my-health-record-share-by-default-rules-2025/conflicts","importantCases":"/api/acts/my-health-record-share-by-default-rules-2025/important-cases","documents":"/api/acts/my-health-record-share-by-default-rules-2025/documents"}}