My Health Record (Share by Default) Rules 2025

My Health Record (Share by Default) Rules 2025

made under the

My Health Records Act 2012

Compilation No. 1

Compilation date: 1 July 2026

Includes amendments: F2026L00804

About this compilation

This compilation

This is a compilation of the My Health Record (Share by Default) Rules 2025 that shows the text of the law as amended and in force on 1 July 2026 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au).

Application, saving and transitional provisions

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Presentational changes

The Legislation Act 2003 provides for First Parliamentary Counsel to make presentational changes to a compilation. Presentational changes are applied to give a more consistent look and feel to legislation published on the Register, and enable the user to more easily navigate those documents.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. Any modifications affecting the law are accessible on the Register.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

Part 1—Preliminary

1 Name

3 Authority

4 Definitions

Part 2—Sharing health information by default

Division 1—Diagnostic imaging services

5 Diagnostic imaging services—prescribed healthcare provider organisations

6 Diagnostic imaging services—kinds of healthcare

7 Diagnostic imaging services—information to be shared with the My Health Record system

8 Diagnostic imaging services—period for sharing information with the My Health Record system

9 Diagnostic imaging services—kinds of health information that may be collected, used or disclosed

Division 2—Pathology services

10 Pathology services—prescribed healthcare provider organisations

11 Pathology services—kinds of healthcare

12 Pathology services—information to be shared with the My Health Record system

13 Pathology services—period for sharing information with the My Health Record system

14 Pathology services—kinds of health information that may be collected, used or disclosed

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Part 1—Preliminary

1  Name

  This instrument is the My Health Record (Share by Default) Rules 2025.

3  Authority

  This instrument is made under the My Health Records Act 2012.

4  Definitions

Note: A number of expressions used in this instrument are defined in the Act, including the following:

(a) healthcare;

(b) healthcare provider organisation;

(c) My Health Record system.

  In this instrument:

Act means the My Health Records Act 2012.

compatibility testing purposes means testing conducted on samples from donors and potential recipients in relation to the donation of human organs, tissues, blood and plasma products, cells and fluids, including reproductive cells and materials, for compatibility purposes and where the results are provided in a single summary or report with information about both the donor and potential recipient.

diagnostic imaging premises has the same meaning as in the Health Insurance Act.

diagnostic imaging service has the same meaning as in the Health Insurance Act.

Health Insurance Act means the Health Insurance Act 1973.

medicare benefit has the same meaning as in the Health Insurance Act.

pathologist means a medical practitioner:

 (a) recognised as a specialist in pathology under subsection 3D(1) of the Health Insurance Act; or

 (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

 (c) who is an approved pathology practitioner (within the meaning of the Health Insurance Act).

pathology service has the same meaning as in the Health Insurance Act.

proprietor, in relation to a pathology laboratory or diagnostic imaging premises, has the same meaning as in the Health Insurance Act.

radiologist means a medical practitioner recognised as a specialist in diagnostic radiology:

 (a) under subsection 3D(1) of the Health Insurance Act; or

 (b) by a determination under paragraph 3DB(4)(a) or subsection 3E(1) of the Health Insurance Act that is in effect.

R‑type diagnostic imaging service has the same meaning as in the Health Insurance Act.

Part 2—Sharing health information by default

Division 1—Diagnostic imaging services

5  Diagnostic imaging services—prescribed healthcare provider organisations

  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.

6  Diagnostic imaging services—kinds of healthcare

 (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:

 (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;

 (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;

 (c) a health service that:

 (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

 (ii) is rendered by or on behalf of a radiologist, whether or not a medicare benefit is payable for the service;

 (d) any other kind of healthcare rendered by or on behalf of a radiologist for which a report is created.

 (2) Subsection (1) does not apply to a kind of healthcare that is rendered for any of the following purposes:

 (a) workplace drug or alcohol testing;

 (b) court ordered testing;

 (c) law enforcement.

7  Diagnostic imaging services—information to be shared with the My Health Record system

 (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:

 (a) created in relation to that kind of healthcare; and

 (b) authorised by the radiologist who rendered the healthcare, or on whose behalf the healthcare was rendered.

 (2) Subsection (1) does not apply to images.

8  Diagnostic imaging services—period for sharing information with the My Health Record system

 (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.

 (2) The specified period is the period of 24 hours beginning at the time the information is first provided to any of the following:

 (a) the healthcare provider who requested the healthcare to which the information relates;

 (b) the healthcare provider who is treating the healthcare recipient to whom the information relates;

 (c) the healthcare recipient to whom the information relates.

9  Diagnostic imaging services—kinds of health information that may be collected, used or disclosed

  For the purposes of paragraph 70AA(3)(b) of the Act, the following kinds of health information are specified:

 (a) the type of a report or other document mentioned in this Division;

 (b) the time at which, and the date on which, a diagnostic imaging service mentioned in this Division is requested or rendered.

Division 2—Pathology services

10  Pathology services—prescribed healthcare provider organisations

  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.

11  Pathology services—kinds of healthcare

 (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:

 (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;

 (b) a health service that:

 (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

 (ii) is rendered by or on behalf of a pathologist, whether or not a medicare benefit is payable for the service;

 (c) any other kind of healthcare rendered by or on behalf of a pathologist for which a report is created.

 (2) Subsection (1) does not apply to a kind of healthcare that is rendered for any of the following purposes:

 (a) workplace drug or alcohol testing;

 (b) court ordered testing;

 (c) law enforcement.

 (3) Subsection (1) does not apply to a kind of healthcare:

 (a) that is performed for the sole purpose of a research study or a clinical trial; and

 (b) in respect of which information of the kind described in section 12 is not provided to either of the following:

 (i) a healthcare provider who is treating the healthcare recipient to whom the information relates;

 (ii) the healthcare recipient to whom the information relates.

 (4)  Subsection (1) does not apply to a kind of healthcare that is performed for compatibility testing purposes.

12  Pathology services—information to be shared with the My Health Record system

  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:

 (a) created in relation to that kind of healthcare; and

 (b) authorised by the pathologist who rendered the healthcare, or on whose behalf the healthcare was rendered.

13  Pathology services—period for sharing information with the My Health Record system

 (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.

 (2) The specified period is the period of 24 hours beginning at the time the information is first provided to any of the following:

 (a) the healthcare provider who requested the healthcare to which the information relates;

 (b) the healthcare provider who is treating the healthcare recipient to whom the information relates;

 (c) the healthcare recipient to whom the information relates.

14  Pathology services—kinds of health information that may be collected, used or disclosed

  For the purposes of paragraph 70AA(3)(b) of the Act, the following kinds of health information are specified:

 (a) the type of a report or other document mentioned in this Division;

 (b) the time at which, and the date on which, a pathology service mentioned in this Division is requested or rendered.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history