Privacy and scope concerns
Critics warned that default sharing of sensitive medical information could go too far unless Parliament closely checked the privacy settings, the detailed rules and exactly which providers would be captured.
Health Legislation Amendment (Modernising My Health Record—Sharing by Default)
Current status
This bill became law on Feb 14th, 2025.
Policy area
Health, care & disability
What does this bill do?
Some healthcare corporations must join My Health RecordAustralia's national digital health record system, which this bill makes some providers upload key care information to by default. and upload certain patient information after care, unless a stated exception applies, so sharing moves from optional to expected for covered services.
Why was it introduced?
The Strengthening Medicare TaskforceThe review body whose 2022 report recommended moving from optional sharing to default sharing of key health information. found that optional My Health RecordAustralia's national digital health record system, which this bill makes some providers upload key care information to by default. sharing left clinicians without real-time health information in a connected system. The bill requires some health corporations to upload key care information to My Health RecordAustralia's national digital health record system, which this bill makes some providers upload key care information to by default. by default, with patient and safety exceptions, and ties some MedicareThe public health scheme whose benefit payments are linked here to whether some providers upload the required information on time. payments to timely sharing.
Broader context
My Health RecordAustralia's national digital health record system, which this bill makes some providers upload key care information to by default. already existed, but sharing key clinical information into it was still optional, and the 2022 Strengthening Medicare TaskforceThe review body whose 2022 report recommended moving from optional sharing to default sharing of key health information. said that left clinicians without the real-time information needed for a modern connected health system. The bill responded by shifting some corporate providers to sharing by default, while keeping patient and safety exceptions and linking some MedicareThe public health scheme whose benefit payments are linked here to whether some providers upload the required information on time. payments to timely uploads, before Parliament passed it in February 2025 and Royal AssentThe final formal step that turns a passed bill into an Act of Parliament. turned the change into law.
Key criticism
The main criticism was that making health information sharing the default could weaken privacy protections and expand the scheme before Parliament had properly tested the rules, safeguards and which providers would be forced to comply. Those concerns were raised mainly as calls for further scrutiny by the Coalition and Greens, while a sharper privacy objection from One Nation did not gain Senate support.
Who supported it?
Hon Mark Butler MP introduced this bill. It passed on the voices.
Introduced in House 21 Nov 2024
Passed House 27 Nov 2024
Passed Senate 12 Feb 2025
Became law 14 Feb 2025
Did it become law?
Yes
Became law 14 Feb 2025
Final passage
Passed without a counted vote
2 recorded amendment or procedural votes were found, but no counted vote on the bill itself was recorded.
Passage speed
85 days
From introduction to the latest recorded parliamentary step
Meaning
What does this bill do?
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Some healthcare corporations must join My Health RecordAustralia's national digital health record system, which this bill makes some providers upload key care information to by default. and upload certain patient information after care, unless a stated exception applies, so sharing moves from optional to expected for covered services.
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Patients keep control because information still cannot be uploaded if they say no, and a clinician can also withhold it over a serious safety or wellbeing concern.
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Covered providers can still claim MedicareThe public health scheme whose benefit payments are linked here to whether some providers upload the required information on time. first for some services, but if they do not upload the required information on time and cannot prove an exception, the Commonwealth can recover that payment as a debt.
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Providers who rely on an exception must keep proof for 2 years, and if they are not currently sharing to My Health RecordAustralia's national digital health record system, which this bill makes some providers upload key care information to by default. they must clearly tell patients in clinics, on websites and in online booking systems.
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The law gives government agencies limited powers to use My Health RecordAustralia's national digital health record system, which this bill makes some providers upload key care information to by default. and MedicareThe public health scheme whose benefit payments are linked here to whether some providers upload the required information on time. data to check compliance, and it allows compliance information to be shared with the Australian Commission on Safety and Quality in Health CareThe national body that can receive limited compliance information and may feed compliance expectations into accreditation standards. without sharing patients’ personal health details.
Show source excerpts
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Under the framework, constitutional corporations providing health services will be required to register with My Health Record and to upload health information to healthcare recipients’ My Health Records.
Health Legislation Amendment (Modernising My Health Record—Sharing by Default) explanatory memorandum -
Amendments to the My Health Records Act and Health Insurance Act both provide exceptions to the share by default requirements. Currently, information cannot be uploaded to an individual’s My Health Record against their wishes, and this Bill confirms that right by providing that an individual’s wish to not have their information uploaded is a valid exception to the share by default requirement. An individual’s privacy is further safeguarded by a discretion that can be exercised by healthcare providers that sharing the individual’s health information would be detrimental to their health, safety or wellbeing.
Health Legislation Amendment (Modernising My Health Record—Sharing by Default) explanatory memorandum -
If a healthcare provider or their associated healthcare provider organisation have not uploaded the required information within the prescribed timeframe and are unable to provide any evidence of an upload exception applying, the amendments will apply such that the payment will become a debt recoverable by the Commonwealth. Medicare benefits that are recoverable, will be able to be pursued as a debt or be off set against future amounts payable to the healthcare provider.
Health Legislation Amendment (Modernising My Health Record—Sharing by Default) explanatory memorandum -
the healthcare provider organisation must keep evidence that an upload exception applied for a period of 2 years starting on the date the healthcare is provided, that meets the requirements, if any, specified in the My Health Records Rules. The Rules will enable further specifics about the evidence required to be detailed where it may be necessary for clarity and consistency.
Health Legislation Amendment (Modernising My Health Record—Sharing by Default) explanatory memorandum -
The Australian Commission on Safety and Quality in Health Care oversees accreditation standards for healthcare providers. Compliance with share by default provisions are expected to be relevant to future accreditation standards for prescribed healthcare providers. Disclosures to the Commission will not contain the personal or health information of individual healthcare recipients.
Health Legislation Amendment (Modernising My Health Record—Sharing by Default) explanatory memorandum
Context
Broader context for this bill
My Health RecordAustralia's national digital health record system, which this bill makes some providers upload key care information to by default. already existed, but sharing key clinical information into it was still optional, and the 2022 Strengthening Medicare TaskforceThe review body whose 2022 report recommended moving from optional sharing to default sharing of key health information. said that left clinicians without the real-time information needed for a modern connected health system. The bill responded by shifting some corporate providers to sharing by default, while keeping patient and safety exceptions and linking some MedicareThe public health scheme whose benefit payments are linked here to whether some providers upload the required information on time. payments to timely uploads, before Parliament passed it in February 2025 and Royal AssentThe final formal step that turns a passed bill into an Act of Parliament. turned the change into law.
- 2022
Strengthening Medicare TaskforceThe review body whose 2022 report recommended moving from optional sharing to default sharing of key health information. calls for sharing by default
The taskforce report said real-time health information was critical to a modern connected healthcare system and recommended that key information be shared to My Health RecordAustralia's national digital health record system, which this bill makes some providers upload key care information to by default. by default rather than by exception.
Health Legislation Amendment (Modernising My Health Record—Sharing by Default) explanatory memorandum ↗ - 21 Nov 2024
Minister says MedicareThe public health scheme whose benefit payments are linked here to whether some providers upload the required information on time. needs digital records to catch up
In his second reading speech, Mark Butler argued that health technology had moved far beyond MedicareThe public health scheme whose benefit payments are linked here to whether some providers upload the required information on time.'s paper-era foundations and that the system needed more routine electronic sharing of care information.
Hansard ↗ - 21 Nov 2024
Government introduces the sharing-by-default bill
The bill was introduced to require some constitutional corporations providing health services to register with My Health RecordAustralia's national digital health record system, which this bill makes some providers upload key care information to by default. and upload specified information, subject to patient and clinical safety exceptions.
Parliamentary timeline ↗ - 27 Nov 2024
House passes the bill
The House completed debate and third reading, sending the proposal to the Senate after the government set out a new compliance model tied to some MedicareThe public health scheme whose benefit payments are linked here to whether some providers upload the required information on time.-funded services.
Parliamentary timeline ↗ - 12 Feb 2025
Parliament passes the bill
Both houses passed the bill in the same form, clearing the way for My Health RecordAustralia's national digital health record system, which this bill makes some providers upload key care information to by default. upload obligations and MedicareThe public health scheme whose benefit payments are linked here to whether some providers upload the required information on time.-linked enforcement powers to become law.
Parliamentary timeline ↗ - 14 Feb 2025
Royal AssentThe final formal step that turns a passed bill into an Act of Parliament. makes the changes law
Royal AssentThe final formal step that turns a passed bill into an Act of Parliament. completed the legislation so the Commonwealth could establish the legal framework for mandatory default sharing rules through later subordinate instrumentsLower-level legal rules made later under the Act that set the detailed requirements for which services, records and timelines are covered..
Parliamentary timeline ↗
Legislative route
How did it move through Parliament?
House Senate
Introduced 21 Nov 2024
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Introduced and read a first time
Second reading opened 21 Nov 2024
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
Second reading moved
Sent to Federation Chamber for debate 26 Nov 2024
The bill reached this recorded parliamentary step.
Referred to Federation Chamber
Federation Chamber debate 26 Nov 2024
The bill reached this recorded parliamentary step.
Second reading debate
House second reading agreed 26 Nov 2024
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
Second reading agreed to
Returned from Federation Chamber 27 Nov 2024
The bill reached this recorded parliamentary step.
Reported from Federation Chamber
House third reading agreed 27 Nov 2024
The chamber agreed to the bill at third reading, which completed passage through that chamber.
Third reading agreed to
Community Affairs review 28 Nov 2024
Referred to Committee (28/11/2024): Senate Community Affairs Legislation Committee; Committee report (30/01/2025)
Referred to committee
APH bill page notesIntroduced 04 Feb 2025
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Introduced and read a first time
Second reading opened 04 Feb 2025
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
Second reading moved
Human Rights review 05 Feb 2025
Considered by scrutiny committee (05/02/2025): Parliamentary Joint Committee on Human Rights; Report 1 of 2025
Considered by scrutiny committee
APH bill page notesScrutiny of Bills review 05 Feb 2025
Considered by scrutiny committee (05/02/2025): Senate Standing Committee for the Scrutiny of Bills; Scrutiny Digest 1 of 2025
Considered by scrutiny committee
APH bill page notesSenate second reading agreed 12 Feb 2025
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
Second reading agreed to
Senate third reading agreed 12 Feb 2025
The chamber agreed to the bill at third reading, which completed passage through that chamber.
Third reading agreed to
Passed both houses 12 Feb 2025
Both houses passed the bill in the same form, completing parliamentary passage.
Finally passed both Houses
Assent 14 Feb 2025
The Governor-General gave Royal AssentThe final formal step that turns a passed bill into an Act of Parliament., turning the bill into an Act.
Key criticism
The main case against this bill
The main criticism was that making health information sharing the default could weaken privacy protections and expand the scheme before Parliament had properly tested the rules, safeguards and which providers would be forced to comply. Those concerns were raised mainly as calls for further scrutiny by the Coalition and Greens, while a sharper privacy objection from One Nation did not gain Senate support.
No party represented in the debate opposed the bill outright, but privacy and implementation concerns prompted calls for closer review.
Provider burden and implementation risk
Another concern was that providers could face practical and compliance pressures from mandatory uploading requirements, so the scheme should be examined further before the Senate settled its final position.
Further sources
Votes
Recorded votes
How the bill itself passed
The bill passed both chambers on the voices. The counted divisions below were about amendments or procedure, not final passage.
Passed House passed the bill
House agreed to the bill's third reading on the voices, so there is no list of individual Aye and No votes for final passage in that chamber.
Passed
House passed the bill
Passed on the voices
In a voice vote, members call out Aye or No and the presiding officer judges which side has it. Individual names are only recorded if a formal division is called.
Passed Senate passed the bill
Senate agreed to the bill's third reading on the voices, so there is no list of individual Aye and No votes for final passage in that chamber.
Passed
Senate passed the bill
Passed on the voices
In a voice vote, members call out Aye or No and the presiding officer judges which side has it. Individual names are only recorded if a formal division is called.
Amendments at a glance
Amendments grouped by chamber. These cards include amendment outcomes recorded without a counted division.
Senate
Defeated Call for prison record reforms
Defeated 12 to 23. Support came from Greens, Australia's Voice, and minor parties and independents. Opposition came from Labor, Liberal Party, and minor parties and independents.
Defeated
Call for prison record reforms
The Senate rejected the proposed second-reading statement, so the bill proceeded without the added call for prison health record reforms.
Party Aye / No
Labor 0 / 19
Greens 10 / 0
Unknown 0 / 3
Australia's Voice 1 / 0
Independent 1 / 0
Liberal Party 0 / 1
Defeated Back prison health access
Defeated 14 to 23. Support came from Greens, Australia's Voice, and minor parties and independents. Opposition came from Labor, Liberal Party, and minor parties and independents.
Defeated
Back prison health access
The Senate rejected the package, so the bill continued without the proposed second-reading statement and requested amendments for prison health access.
Party Aye / No
Labor 0 / 19
Greens 10 / 0
Independent 3 / 0
Liberal Party 0 / 2
Unknown 0 / 2
Australia's Voice 1 / 0
Defeated Flag privacy concerns about default My Health RecordAustralia's national digital health record system, which this bill makes some providers upload key care information to by default. sharing
The Senate rejected Senator Roberts' second-reading proposal on voices; it would have added a statement that Australians are worried about the privacy and security of centralised digital IDs and that sharing sensitive medical information by default breaks the original My Health RecordAustralia's national digital health record system, which this bill makes some providers upload key care information to by default. promise.
Defeated
Flag privacy concerns about default My Health RecordAustralia's national digital health record system, which this bill makes some providers upload key care information to by default. sharing
Defeated on voices
The chamber decided this amendment without a counted division, so there is no list of individual Aye and No votes.
These are amendment votes, not the final passage vote on the bill itself. The bill passed both chambers on the voices.
Parliamentary debate
Who spoke, and what they said
Start here — lead voices
Sponsor speech Supports
Mark Butler
Mark Butler strongly supports the bill and says it will modernise My Health RecordAustralia's national digital health record system, which this bill makes some providers upload key care information to by default. by making sharing by default the norm for key health information, starting with pathology and diagnostic imaging.
Read in Hansard ↗ Lead supporting voice Supports
Bridget Archer
Archer says the coalition will not oppose the bill and supports My Health RecordAustralia's national digital health record system, which this bill makes some providers upload key care information to by default., but wants it referred to the Senate for further scrutiny over privacy, the scope of the rules, and which providers will be required to comply.
Read in Hansard ↗ Lead voice Supports
Stephen Bates
Bates says the Greens will support the bill in the House because they back better coordination in health care and stronger security for personal health data.
Read in Hansard ↗All speeches by bloc
Labor
1 speaker · 1 support
Labor
1 speaker · 1 support
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Mark Butler ★ Mark Butler strongly supports the bill and says it will modernise My Health RecordAustralia's national digital health record system, which this bill makes some providers upload key care information to by default. by making sharing by default the norm for key health information, starting with pathology and diagnostic imaging.
“The reforms I introduce today introduce a framework that will require key health information to be shared to patients' My Health Record.”
Read the full speech in Hansard ↗
Coalition
1 speaker · 1 support
Coalition
1 speaker · 1 support
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Bridget Archer ★ Archer says the coalition will not oppose the bill and supports My Health RecordAustralia's national digital health record system, which this bill makes some providers upload key care information to by default., but wants it referred to the Senate for further scrutiny over privacy, the scope of the rules, and which providers will be required to comply.
“The coalition will not oppose the Health Legislation Amendment (Modernising My Health Record—Sharing by Default) Bill 2024 passing the House. However, while the coalition supports My Health Record and patients having more timely access to their records, the coalition will be seeking to refer the bill to committee in the Senate for further scrutiny. We want the committee to fully explore any potential issues related to the bill around privacy as well as to achieve a greater understanding of which other health providers will also be subjected to the new mandated requirements.”
Read the full speech in Hansard ↗
Greens
1 speaker · 1 support
Greens
1 speaker · 1 support
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Stephen Bates ★ Bates says the Greens will support the bill in the House because they back better coordination in health care and stronger security for personal health data.
“The Greens will be supporting the Health Legislation Amendment (Modernising My Health Record—Sharing by Default) Bill 2024 in the House of Representatives and reserving our position in the Senate. We are in support of effective care pathways to promote greater cooperation and coordination between health services and systems. Furthermore, the Greens believe that health information and data linked to identifiable individuals should be stored with the best up-to-date security systems and protocols.”
Read the full speech in Hansard ↗
Record
Full record
- Act title
- Health Legislation Amendment (Modernising My Health Record—Sharing by Default) Act 2025
- Act number
- Act No. 8, 2025
- Became law
- 14 Feb 2025
- Takes effect
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- Sections 1 to 3 and anything in this Act not elsewhere covered by this table 14 Feb 2025
- Schedule 1, Part 1 15 Feb 2025
- Schedule 1, Part 2, Division 1 15 Feb 2025
- Schedule 1, Part 2, Division 2 15 Feb 2025
- Schedule 1, Part 2, Division 3 The later of:
- Schedule 1, Part 2, Division 4 The later of:
- Schedule 2 15 Feb 2025
- Registered
- 18 Feb 2025
- Administered by
- Department of Health, Disability and Ageing
- Final law metadata was collected from the APH progress table; commencement rows were parsed from the bill text.
- Status
- Act -- Collected from the APH bill page.
- Originating house
- House of Representatives
- 21 Nov 2024
House · Introduced and read a first time
Introduced
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
- 21 Nov 2024
House · Second reading moved
Second reading opened
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
- 26 Nov 2024
House · Referred to Federation Chamber
Referred to Federation Chamber
The bill reached this recorded parliamentary step.
- 26 Nov 2024
House · Second reading debate
Second reading debate
The bill reached this recorded parliamentary step.
- 26 Nov 2024
House · Second reading agreed to
Second reading agreed
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
- 27 Nov 2024
House · Reported from Federation Chamber
Reported from Federation Chamber
The bill reached this recorded parliamentary step.
- 27 Nov 2024
House · Third reading agreed to
Third reading agreed
The chamber agreed to the bill at third reading, which completed passage through that chamber.
- 04 Feb 2025
Senate · Introduced and read a first time
Introduced
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
- 04 Feb 2025
Senate · Second reading moved
Second reading opened
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
- 12 Feb 2025
Senate · Second reading agreed to
Second reading agreed
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
- 12 Feb 2025
Senate · Third reading agreed to
Third reading agreed
The chamber agreed to the bill at third reading, which completed passage through that chamber.
- 12 Feb 2025
Parliament · Finally passed both Houses
Passed both houses
Both houses passed the bill in the same form, completing parliamentary passage.
- 14 Feb 2025
Assent · Assent
Assent
The Governor-General gave Royal AssentThe final formal step that turns a passed bill into an Act of Parliament., turning the bill into an Act.
Senate Community Affairs Legislation Committee; Committee report (30/01/2025)
Referred to committee
Referred to Committee (28 Nov 2024): Senate Community Affairs Legislation Committee; Committee report (30 Jan 2025)
APH bill page notesParliamentary Joint Committee on Human Rights
Considered by scrutiny committee
Considered by scrutiny committee (5 Feb 2025): Parliamentary Joint Committee on Human Rights; Report 1 of 2025
APH bill page notesSenate Standing Committee for the Scrutiny of Bills
Considered by scrutiny committee
Considered by scrutiny committee (5 Feb 2025): Senate Standing Committee for the Scrutiny of Bills; Scrutiny Digest 1 of 2025
APH bill page notes