{"id":"F2026L00387","name":"My Health Records Regulations 2026","slug":"my-health-records-regulations-2026","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":443232,"registerId":"F2026L00387-fast-fetch-1775958120212","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"My Health Records Regulations 2026","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 Records Regulations 2026\n\nI, the Honourable Sam Mostyn AC, Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations.\n\nDated    19 March 2026\n\nSam Mostyn AC\n\nGovernor‑General\n\nBy Her Excellency’s Command\n\nMark Butler\n\nMinister for Health and Ageing\n\n \n\n \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 Schedules\n\n5 Definitions\n\n6 Nominated healthcare provider\n\n7 Identifying information—individual healthcare provider\n\n8 Identifying information—healthcare provider organisation\n\n9 Identifying information—healthcare recipient\n\nPart 2—System Operator\n\n10 Identity of the System Operator\n\nPart 3—Registration\n\n11 When a healthcare recipient is eligible for registration—other information\n\n12 Registration of healthcare recipient by the System Operator\n\nPart 4—Collection, use and disclosure of information\n\n13 Prescribed information to be included in a My Health Record\n\n14 Verifying identity of healthcare recipients etc.\n\nSchedule 1—Repeals\n\nMy Health Records Regulation 2012\n\n \n\nPart 1—Preliminary\n\n \n\n1  Name\n\n  This instrument is the My Health Records Regulations 2026.\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 April 2026. 1 April 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  Schedules\n\n  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.\n\n5  Definitions\n\nNote: A number of expressions used in this instrument are defined in the Act, including the following:\n\n(a) healthcare provider organisation;\n\n(b) healthcare recipient;\n\n(c) individual healthcare provider.\n\n  In this instrument:\n\nAct means the My Health Records Act 2012.\n\nAustralian Digital Health Agency means the Australian Digital Health Agency established by section 8 of the Public Governance, Performance and Accountability (Establishing the Australian Digital Health Agency) Rule 2016.\n\nHealthcare Identifiers Act means the Healthcare Identifiers Act 2010.\n\n6  Nominated healthcare provider\n\n  For the purposes of subparagraph (c)(iii) of the definition of nominated healthcare provider in section 5 of the Act, the class is individuals who have been awarded a Certificate IV in Aboriginal and/or Torres Strait Islander Primary Health Care Practice.\n\n7  Identifying information—individual healthcare provider\n\n  For the purposes of paragraph 9(1)(h) of the Act, the other information is the other information that is prescribed for the purposes of paragraph 7(1)(g) of the Healthcare Identifiers Act.\n\n8  Identifying information—healthcare provider organisation\n\n  For the purposes of paragraph 9(2)(f) of the Act, the other information is the other information that is prescribed for the purposes of paragraph 7(2)(e) of the Healthcare Identifiers Act.\n\n9  Identifying information—healthcare recipient\n\n  For the purposes of paragraph 9(3)(i) of the Act, the other information is the other information that is prescribed for the purposes of paragraph 7(3)(i) of the Healthcare Identifiers Act.\n\nPart 2—System Operator\n\n \n\n10  Identity of the System Operator\n\n  For the purposes of paragraph 14(1)(b) of the Act, the Australian Digital Health Agency is prescribed to be the System Operator.\n\nPart 3—Registration\n\n \n\n11  When a healthcare recipient is eligible for registration—other information\n\n (1) For the purposes of subparagraph 40(b)(v) of the Act, the other information in relation to a healthcare recipient is the following:\n\n (a) whether the identity of the healthcare recipient has been verified;\n\n (b) whether a healthcare identifier assigned to the healthcare recipient has been assigned provisionally (for example, because it has not been possible to verify the identity of the healthcare recipient).\n\n (2) For the purposes of subparagraph 4(b)(v) of Schedule 1 to the Act, the other information in relation to a healthcare recipient is the following:\n\n (a) whether the identity of the healthcare recipient has been verified;\n\n (b) whether a healthcare identifier assigned to the healthcare recipient has been assigned provisionally (for example, because it has not been possible to verify the identity of the healthcare recipient);\n\n (c) whether the healthcare recipient is, or is likely to be, deceased;\n\n (d) whether the death of the healthcare recipient has been verified.\n\n12  Registration of healthcare recipient by the System Operator\n\n  For the purposes of subsection 41(4) of the Act and subclause 9(3) of Schedule 1 to the Act, the following State and Territory laws are prescribed:\n\n (a) section 56 of the Public Health Act 2010 (NSW);\n\n (b) sections 55, 77 to 79, 105 to 107, 175 to 177, 220 to 222 and 238 to 240 of the Public Health Act 2005 (Qld);\n\n (c) sections 110 and 111 of the Public Health Act 1997 (ACT).\n\nPart 4—Collection, use and disclosure of information\n\n \n\n13  Prescribed information to be included in a My Health Record\n\n (1) This section is made for the purposes of:\n\n (a) column 4 of item 9 of the table in subsection 58A(1) of the Act; and\n\n (b) paragraph (a) of column 4 of item 9 of the table in subclause 8(1) of Schedule 1 to the Act.\n\n (2) The information is information that relates to the provision of healthcare to the healthcare recipient, other than information that relates to compensation or benefits, under any of the following Acts:\n\n (a) the Australian Participants in British Nuclear Tests and British Commonwealth Occupation Force (Treatment) Act 2006;\n\n (b) the Military Rehabilitation and Compensation Act 2004;\n\n (c) the Safety, Rehabilitation and Compensation (Defence‑related Claims) Act 1988;\n\n (d) the Treatment Benefits (Special Access) Act 2019;\n\n (e) the Veterans’ Entitlements Act 1986.\n\n14  Verifying identity of healthcare recipients etc.\n\n (1) For the purposes of:\n\n (a) column 1 of item 10 of the table in subsection 58A(1) of the Act; and\n\n (b) column 1 of item 10 of the table in subclause 8(1) of Schedule 1 to the Act;\n\nthe Attorney‑General’s Department is prescribed.\n\n (2) For the purposes of:\n\n (a) column 2 of item 10 of the table in subsection 58A(1) of the Act; and\n\n (b) column 2 of item 10 of the table in subclause 8(1) of Schedule 1 to the Act;\n\nthe System Operator is prescribed.\n\nSchedule 1—Repeals\n\n \n\nMy Health Records Regulation 2012\n\n1  The whole of the instrument\n\nRepeal the instrument.\n\n \n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"This is a straightforward remake/repeal of the 2012 Regulations. The scope remains consistent with the original intent of the My Health Records Act 2012—providing operational detail for the national electronic health record system. While it expands the category of 'nominated healthcare provider' to include specific Aboriginal and Torres Strait Islander health workers and updates various technical prescriptions, these are evolutionary adjustments within the established framework rather than scope creep."},"complexity_factors":["Heavy cross-referencing to primary legislation (My Health Records Act 2012) and related Acts (Healthcare Identifiers Act 2010, Public Governance, Performance and Accountability Rule 2016)","Nested references to specific sections and subsections of multiple Acts (e.g., 'paragraph 9(1)(h) of the Act', 'paragraph 7(1)(g) of the Healthcare Identifiers Act')","Prescriptive table references (subsection 58A(1), Schedule 1 tables) that require reading across multiple documents to understand full effect","Specific enumeration of State and Territory legislative provisions (7 distinct section references across NSW, Qld and ACT Acts)","Dual commencement provisions (immediate operation vs. transitional provisions in Schedule 1 to the Act)","Technical terminology requiring external knowledge ('System Operator', 'healthcare identifier', 'provisionally assigned')"],"plain_english_summary":"This legislation formalises rules for Australia’s My Health Record: it names the Australian Digital Health Agency as System Operator, sets registration and identity‑verification processes (handled by the Attorney‑General’s Department), and replaces the 2012 regulations. It clarifies included content (including certain veterans’/defence compensation treatment info) and expands access to include Aboriginal and Torres Strait Islander health workers with the relevant Certificate IV. It affects patients, health providers and state health administrations."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"This instrument replaces the 2012 regulation (Schedule 1) and updates who decides and what is collected: it prescribes the Australian Digital Health Agency as System Operator (reg 10); clarifies identifying information by reference to the Healthcare Identifiers Act (regs 7–9); specifies registration‑related identity fields including provisional identifiers and death verification (reg 11); lists particular State/Territory public‑health provisions applicable to System Operator registration (reg 12); prescribes inclusion of specified veterans/military healthcare information excluding compensation/benefits (reg 13); and designates the Attorney‑General’s Department and the System Operator for identity verification (reg 14). These changes alter operational scope and administrative responsibilities compared with the repealed 2012 instrument."},"complexity_factors":["Extensive cross‑references to the My Health Records Act 2012 and the Healthcare Identifiers Act (see regs 5–9 and the Act references throughout) increasing interpretive dependency on external statutes.","Multiple role assignments and delegations (System Operator prescribed in reg 10; Attorney‑General’s Department and System Operator for identity verification in reg 14).","Prescriptive content rules with exclusions (reg 13 prescribes inclusion of veterans/military healthcare information but excludes compensation/benefits).","Interplay with State and Territory public health laws for registration (reg 12 lists specific state provisions).","Replacement of an earlier instrument (full repeal in Schedule 1) requiring comparison with prior rules for full implementation impact.","Technical identity and registration details (provisional healthcare identifiers, verification status in reg 11) that impose operational and compliance requirements on registrants and the System Operator."],"plain_english_summary":"This instrument updates technical rules for the My Health Record system: it names the Australian Digital Health Agency as the System Operator, prescribes what identifying information must be recorded (by reference to the Healthcare Identifiers Act), defines a nominated provider class for certain Aboriginal and Torres Strait Islander primary‑health workers, sets which veterans/military healthcare records (excluding compensation or benefits) must be included, and assigns identity‑verification responsibilities to the Attorney‑General’s Department and the System Operator. It affects healthcare providers, the Agency and identity‑verification bodies by creating specific collection, verification and disclosure duties."}},"importantCases":[],"_links":{"self":"/api/acts/my-health-records-regulations-2026","history":"/api/acts/my-health-records-regulations-2026/history","analysis":"/api/acts/my-health-records-regulations-2026/analysis","conflicts":"/api/acts/my-health-records-regulations-2026/conflicts","importantCases":"/api/acts/my-health-records-regulations-2026/important-cases","documents":"/api/acts/my-health-records-regulations-2026/documents"}}