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 requirements, including those relating to security, access controls and record-keeping, while improving readability and supporting practical implementation across the sector.

The changes commenced on 1 April 2026.

Existing participants (registered for My Health Record before 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 until 30 September 2026. During this period, you may continue to apply the relevant provisions 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• The My Health Records Rule 2016 has been repealed and no longer applies to new participants.

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