Additional Comments - Coalition Senators

Introduction

1.1Coalition Senators acknowledge the Government’s intent to improve the My Health Record (MHR) system by introducing provisions under the Health Legislation Amendment (Modernising My Health Record – Sharing by Default) Bill 2024. Coalition Senators support measures that enhance Australians’ access to their own health information, reduce duplication of services, and improve continuity of care, while preserving robust privacy safeguards and ensuring no detrimental effect on patients.

1.2Coalition Senators also note that this Bill builds on the previous Coalition Government’s significant enhancements to MHR privacy arrangements, including criminal penalties for misuse, strengthened protections against domestic violence, and provisions restricting employer and insurer access.[1] This record of strong privacy laws underlines our commitment to safe, secure, and consumer-controlled digital health systems.

Stronger engagement and communication

1.3It is critical that healthcare providers and consumers fully understand their responsibilities and rights under these new rules. Currently, the proposed communication strategies highlight online materials and poster campaigns,[2] as well as a suggestion for the Department to make educational resources available on its website.[3] However, Coalition Senators believe the Government must expand into additional communication channels – particularly in rural or remote areas and for culturally diverse communities – to ensure clear awareness of:

Consumer control and choice over uploads, including the right to opt out of having specific results or data included in MHR.

The fact that patients are never financially penalised if a provider does not upload test results.

The new obligations for providers, including the ability for a provider to withhold uploading records if the patient has no MHR or requests non-upload.

Clarity on next sectors and scope

1.4While the Bill primarily targets pathology and diagnostic imaging providers, further information is required about which other sectors will be subject to mandatory upload provisions, and on what timeline. Coalition Senators recommend that the Government be transparent and consultative in drafting the upcoming rules so providers can prepare operationally and technologically without risking service disruptions. This would also eliminate any potential confusion for consumers.

Transitional caution

1.5Any enforcement in the early stages of these rules taking effect must consider possible system or software challenges. Small or remote pathology providers, for example, may experience difficulties aligning with new technical standards within a short timeframe. We strongly encourage the Government to adopt a fair grace period and robust support mechanisms to minimise unintended burdens and disruptions.

Support for smaller providers and ACCHOs

1.6Smaller providers and Aboriginal Community Controlled Health Organisations (ACCHOs) may bear disproportionate compliance and infrastructure costs as they transition to mandatory upload requirements. Coalition Senators recommend that the Government explore supportive funding arrangements, technology grants, or other practical assistance to ensure these providers can meet their obligations without jeopardising local services or imposing extra costs on patients.

Conclusion

1.7Coalition Senators reiterate our commitment to a modern, transparent, and privacy-focused MHR framework that benefits both patients and healthcare professionals. We commend the goal of improved information-sharing, but caution that it must be underpinned by inclusive communication strategies, safeguards for small providers, and prudent enforcement to maintain public trust.

1.8The Coalition is proud of the strengthened privacy protections we delivered when in Government; we look forward to working constructively with all stakeholders to ensure that any further enhancements to the MHR system balance consumer empowerment, data privacy and security, and practical realities for providers.

Footnotes

[1]Media Release, 7 November 2018, ‘A Stronger My Health Record’, The Hon Greg Hunt MP, Former Minister for Health and Aged Care < www.health.gov.au/ministers/the-hon-greg-hunt-mp/media/a-stronger-my-health-record>.

[2]RACGP, Submission 10, p. 4.

[3]Health Legislation Amendment (Modernising My Health Record – Sharing by Default) Bill 2024 Final Report, 2.53, p. 30.