My Health Record – Updated Legislation

My Health Record – Updated Legislation

The legislative framework supporting My Health Record has been updated to ensure the system remains contemporary, clear and aligned with modern digital health practices.

The My Health Records Regulations 2026 and My Health Records Rules 2026 have been introduced to modernise and clarify existing requirements, including those relating to security, access controls and record‑keeping.

The updates also improve readability and support more practical implementation across the healthcare sector.

These changes commenced on 1 April 2026.

What this means for healthcare providers

• Existing participants
  (Registered for My Health Record prior to 1 April 2026)
  You should aim to comply with the 2026 Rules as soon as practicable.
  A six‑month transition period applies from 1 April 2026 to immediately before 1 October 2026, during which:
• You may continue to apply the relevant sections of the My Health Records Rule 2016, including requirements for record‑keeping and security and access policies.
• This transition period provides time to review and update policies, processes and documentation where needed.

• New participants
  (Registered for My Health Record on or after 1 April 2026)
  You are required to comply with the 2026 Rules upon registration.
  The 2016 Rule has been repealed and no longer applies to new participants.

What has not changed

Importantly, the updates:

• Do not change the purpose of the My Health Record system
• Do not reduce privacy or security protections
• Do not alter how consumers or healthcare providers interact with the system

Strong safeguards remain in place, and consumer controls and functionality continue unchanged.

Further information and support

The Department of Health, Disability and Ageing has published FAQs addressing the new Regulations and Rules.
The Australian Digital Health Agency is also updating its public guidance and educational materials to reflect these changes.

Healthcare providers are encouraged to review the updated requirements and ensure readiness ahead of the end of the transition period.