My Health Records (National Application) Rules 2017

Administered by Department of Health, Disability and Ageing

Legislation au F2017L01558 Rules Not in force Legislative Instrument

Legislation content

My Health Records (National Application) Rules 2017

made under section 109 of the My Health Records Act 2012

Compilation No. 3  

Compilation date:   11 December 2018

Includes amendments up to: My Health Records Amendment (Strengthening Privacy) Act 2018

 

About this compilation

 

This compilation

This is a compilation of the My Health Records (National Application Rules) 2017 that shows the text of the law as amended and in force on 11 December 2018 (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. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

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.

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. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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—Applying opt‑out model to all healthcare recipients

5  Opt‑out model applies to all healthcare recipients in Australia

Part 3—Registering healthcare recipients

6  When healthcare recipients may elect not to be registered

Part 4—Handling health information for the purposes of a healthcare recipient’s My Health Record

7  When healthcare recipients may elect not to have certain health information disclosed to System Operator

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 Records (National Application) Rules 2017.

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 recipient;

(b) My Health Record system;

(c) registered healthcare recipient.

  In this instrument:

Act means the My Health Records Act 2012.

healthcare identifier has the same meaning as in the Healthcare Identifiers Act 2010.

opt‑out model: see section 5.

Part 2—Applying opt‑out model to all healthcare recipients

 

5  Opt‑out model applies to all healthcare recipients in Australia

  For the purposes of clause 2 of Schedule 1 to the Act, Part 2 of that Schedule (the opt‑out model) applies to all healthcare recipients in Australia.

Part 3—Registering healthcare recipients

 

6  When healthcare recipients may elect not to be registered

 (1) This section is made for the purposes of subparagraph 5(2)(c)(i) of Schedule 1 to the Act.

Healthcare recipients who have a healthcare identifier immediately before the day this Part commences

 (2) An election by a member of the class of healthcare recipients mentioned in paragraph (3)(a) not to be registered must be given within the period mentioned in paragraph (3)(b).

 (3) For the purposes of subsection (2):

 (a) the class of healthcare recipients is the class of healthcare recipients, each of whom, immediately before the day on which this Part commences, has a healthcare identifier; and

 (b) the period is the period beginning on the day on which this Part commences and ending on 31 January 2019.

Healthcare recipients who do not have a healthcare identifier immediately before the day this Part commences

 (4) An election by a member of the class of healthcare recipients mentioned in paragraph (5)(a) not to be registered must be given on the occurrence of the event mentioned in paragraph (5)(b).

 (5) For the purposes of subsection (4):

 (a) the class of healthcare recipients is the class of healthcare recipients, each of whom, immediately before the day on which this Part commences, does not have a healthcare identifier; and

 (b) the event is when the healthcare recipient makes an application that will result in the healthcare recipient being assigned a healthcare identifier.

Part 4—Handling health information for the purposes of a healthcare recipient’s My Health Record

 

7  When healthcare recipients may elect not to have certain health information disclosed to System Operator

 (1) This section is made for the purposes of subparagraph 13(2)(c)(i) of Schedule 1 to the Act.

Healthcare recipients registered under clause 6 of Schedule 1 to the Act

 (2) An election by a member of the class of healthcare recipients mentioned in paragraph (3)(a) not to have health information about the healthcare recipient held by the Chief Executive Medicare made available to the System Operator must be given on the occurrence of the event mentioned in paragraph (3)(b).

 (3) For the purposes of subsection (2):

 (a) the class of healthcare recipients is the class of healthcare recipients, each of whom is registered under clause 6 of Schedule 1 to the Act on or after the day on which this Part commences; and

 (b) the event is when the healthcare recipient applies to be registered.

Healthcare recipients registered under clause 3 of Schedule 1 to the Act

 (4) An election by a member of the class of healthcare recipients mentioned in paragraph (5)(a) not to have health information about the healthcare recipient held by the Chief Executive Medicare made available to the System Operator must be given within the period mentioned in paragraph (5)(b).

 (5) For the purposes of subsection (4):

 (a) the class of healthcare recipients is the class of healthcare recipients, each of whom is registered under clause 3 of Schedule 1 to the Act on or after the day on which Part 3 commences; and

 (b) the period is the period:

 (i) beginning when the healthcare recipient is registered; and

 (ii) ending when the healthcare recipient’s My Health Record is first accessed.

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.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history. 

Endnote 2—Abbreviation key

 

o = order(s)

ad = added or inserted

Ord = Ordinance

am = amended

orig = original

amdt = amendment

par = paragraph(s)/subparagraph(s)

c = clause(s)

    /sub‑subparagraph(s)

C[x] = Compilation No. x

pres = present

Ch = Chapter(s)

prev = previous

def = definition(s)

(prev…) = previously

Dict = Dictionary

Pt = Part(s)

disallowed = disallowed by Parliament

r = regulation(s)/rule(s)

Div = Division(s)

 

exp = expires/expired or ceases/ceased to have

reloc = relocated

    effect

renum = renumbered

F = Federal Register of Legislation

rep = repealed

gaz = gazette

rs = repealed and substituted

LA = Legislation Act 2003

s = section(s)/subsection(s)

LIA = Legislative Instruments Act 2003

Sch = Schedule(s)

(md) = misdescribed amendment can be given

Sdiv = Subdivision(s)

    effect

SLI = Select Legislative Instrument

(md not incorp) = misdescribed amendment

SR = Statutory Rules

    cannot be given effect

Sub‑Ch = Sub‑Chapter(s)

mod = modified/modification

SubPt = Subpart(s)

No. = Number(s)

underlining = whole or part not

 

    commenced or to be commenced

 

Endnote 3—Legislation history

 

Name

Registration

Commencement

Application, saving and transitional provisions

My Health Records (National Application) Rules 2017

F2017L01558

2 December 2017

 

My Health Records (National Application) Amendment (Extension of Opt-out Period) Rules 2018

F2018L01099

10 August 2018

 

My Health Records (National Application) Amendment (Extension of Opt-out Period No.2) Rules 2018

F2018L01575

15 November 2018

 

My Health Records Amendment (Strengthening Privacy) Act 2018

C2018A00154

Sch 1 (item 18): 11 December 2018 (s2(1) item 2)

 

Endnote 4—Amendment history

 

Provision affected

How affected

Par. 6(3)(b)

F2018L01099; F2018L01575; C2018A00154

s2

Rep. LA s48D

 

 

 

Overview

The My Health Records (National Application) Rules 2017 were enacted under the My Health Records Act 2012 by the Parliament of Australia to address the need for a standardised and accessible digital health record system across the country. These rules provide the framework for implementing the opt-out model for the national application of My Health Records, allowing healthcare recipients to opt-out of having their health information included in their My Health Record. The primary objective of these rules is to facilitate the secure and efficient handling of health information while respecting individual privacy preferences. The rules were designed to streamline the registration process for healthcare recipients and ensure that they have the opportunity to make informed choices about their health information being included in the My Health Records system.

Scope and Application

The My Health Records (National Application) Rules 2017 applies to all healthcare recipients in Australia, ensuring that the opt-out model for the national electronic health record system is uniformly implemented. This applies to both individuals and entities involved in healthcare delivery across the Commonwealth. The rules delineate specific timelines and conditions under which healthcare recipients can opt out of the system, whether they have a healthcare identifier before or after the commencement of these rules. The geographic scope of these rules is national, affecting all states and territories within Australia. There are no stated exclusions or exemptions within these rules; however, they are subject to the overarching provisions of the My Health Records Act 2012 and the Healthcare Identifiers Act 2010. The application and scope of these rules can be further extended or modified through subordinate instruments, such as the amendments made by the My Health Records (National Application) Amendment Rules 2018, which extended the opt-out period. These rules are integral in governing the handling of health information for the purposes of a healthcare recipient’s My Health Record, ensuring that recipients have control over their health data and can opt out of certain disclosures to the System Operator.

Key Provisions

The My Health Records (National Application) Rules 2017 (the "Rules") are a set of legislative instruments that operate under the My Health Records Act 2012. They establish the framework for the implementation of the national My Health Records system, which allows healthcare providers to access a centralised repository of patient information. One of the main provisions in these Rules is the application of the opt-out model to all healthcare recipients in Australia (Rule 5). This means that unless a healthcare recipient actively opts out, they will have a My Health Record created for them, which will be accessible to authorised healthcare providers. The Rules also establish processes for healthcare recipients to elect not to be registered (Rule 6). Specifically, healthcare recipients who already have a healthcare identifier prior to the commencement of the Rules must make an election not to be registered within a specified period, which is defined as beginning on the day the Rules commence and ending on 31 January 2019. For healthcare recipients who do not have a healthcare identifier at the time the Rules commence, the opportunity to elect not to be registered arises when they apply for a healthcare identifier. Furthermore, the Rules provide that healthcare recipients can choose not to have certain health information disclosed to the System Operator (Rule 7). For registered healthcare recipients, this election must be made when they apply to be registered, whereas for other healthcare recipients, the election must be made within a specified period starting from the time their healthcare record is registered. The obligations imposed by the Rules are primarily on healthcare recipients, requiring them to actively opt-out if they do not wish to be included in the My Health Records system. Healthcare recipients must also ensure that their election not to be registered is made within the stipulated timeframes. For those who already have a healthcare identifier, the election must be made by 31 January 2019, while for others, it must be made at the point of applying for a healthcare identifier or registering their healthcare record. Additionally, healthcare recipients have the right to choose not to have certain health information disclosed to the System Operator, which they must exercise at the appropriate times as specified in the Rules. While the Rules themselves do not explicitly outline specific offences, penalties, or consequences for non-compliance, breaches of the My Health Records Act 2012, which the Rules support, can lead to significant civil and criminal consequences. For instance, unauthorised access or disclosure of health information can result in hefty fines and, in severe cases, imprisonment. Specifically, under the My Health Records Act 2012, the maximum penalty for unauthorised access to health information is $222,000 or three years imprisonment, or both. For unauthorised disclosure, the maximum penalty is $444,000 or five years imprisonment, or both. These penalties underscore the importance of adhering to the provisions set out in the Rules and the overarching Act.

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Area of Law
Privacy Law
Instrument
Legislative Instrument
Concepts
Definitions & Interpretation
Reporting & Disclosure Obligations
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.