Commonwealth legislation

Legislation (My Health Records Instruments) Sunset-altering Declaration 2022

RepealedCTH

This Act has been repealed and is no longer in force. It is retained for historical reference.

Jurisdiction

Commonwealth

Collection

legislative instrument

Plain English Summary

1/10 complexity

This declaration synchronises the expiry dates of two laws governing Australia's My Health Records system.

Under the Legislation Act 2003, most regulations automatically expire (a process called sunsetting) after a set period unless they are actively remade. This instrument ensures both the My Health Records Regulation 2012 (which covers system operations and data handling) and the My Health Records Rule 2016 (which sets access requirements for healthcare providers) will now sunset together on 1 April 2026.

Why this matters:

For patients and healthcare providers: There is no immediate change to your rights or how the system operates—the same rules remain in force.
For the government: Aligning the dates allows both instruments to be reviewed, consulted on, and potentially remade simultaneously, reducing red tape.

The declaration itself automatically disappears (self-repeals) the day after the instruments expire.

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Current sections

Direct links to the current provisions in Legislation (My Health Records Instruments) Sunset-altering Declaration 2022.

Legislation (My Health Records Instruments) Sunset-altering Declaration 2022

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Commonwealth Coat of Arms of Australia

Legislation (My Health Records Instruments) Sunset‑altering Declaration 2022

I, Michaelia Cash, Attorney‑General, make the following declaration.

Dated 25 January 2022

Michaelia Cash

Attorney‑General

Contents

1 Name

2 Commencement

3 Authority

4 Aligning of sunsetting

5 Repeal of this instrument

1 Name

This instrument is the Legislation (My Health Records Instruments) Sunset‑altering Declaration 2022.

2 Commencement

(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.

Commencement information
Column 1 Column 2 Column 3
Provisions Commencement Date/Details
1. The whole of this instrument The day after this instrument is registered. 3 February 2022

Note: 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.

(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.

3 Authority

This instrument is made under subsection 51A(1) of the Legislation Act 2003.

4 Aligning of sunsetting

The following instruments are repealed by section 51A of the Legislation Act 2003 on 1 April 2026:

(a) My Health Records Regulation 2012;

(b) My Health Records Rule 2016.

5 Repeal of this instrument

This instrument is repealed at the start of 2 April 2026.

Source text

Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.

meta-content-style-type: text/css meta-content-type: application/xhtml+xml; charset=utf-8

?xml version="1.0" encoding="utf-8" standalone="no"?>

Legislation (My Health Records Instruments) Sunset‑altering Declaration 2022

I, Michaelia Cash, Attorney‑General, make the following declaration.

Dated 25 January 2022

Michaelia Cash

Attorney‑General

Contents

1 Name

2 Commencement

3 Authority

4 Aligning of sunsetting

5 Repeal of this instrument

1 Name

This instrument is the Legislation (My Health Records Instruments) Sunset‑altering Declaration 2022.

2 Commencement

Commencement information
Column 1 Column 2 Column 3
Provisions Commencement Date/Details
1. The whole of this instrument The day after this instrument is registered. 3 February 2022

Note: 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.

3 Authority

This instrument is made under subsection 51A(1) of the Legislation Act 2003.

4 Aligning of sunsetting

The following instruments are repealed by section 51A of the Legislation Act 2003 on 1 April 2026:

(a) My Health Records Regulation 2012;

(b) My Health Records Rule 2016.

5 Repeal of this instrument

This instrument is repealed at the start of 2 April 2026.

Read the source document