Chapter 1Introduction
1.1The Health Legislation Amendment (Modernising My Health Record – Sharing by Default) Bill 2024 (the bill) was introduced by the Hon. Mark Butler MP, Minister for Health and Aged Care (the Minister), to the House of Representatives on 21 November 2024.
1.2On 28 November 2024, the Senate referred the provisions of the bill to the Community Affairs Legislation Committee (the committee) for inquiry and report by 30 January 2025.
Structure of the report
1.3This report contains two chapters. This chapter sets out:
the purpose of the bill;
background information relating to My Health Record and the context for these reforms;
an overview of the bill’s key provisions; and
general information outlining the conduct of the inquiry and other committees’ consideration of the bill.
1.4Chapter 2 examines the key issues raised by submitters and concludes with the committee’s view and recommendation.
Purpose of the bill
1.5According to the Explanatory Memorandum, the purpose of the bill is to ‘establish a legislative framework for requiring key health information to be shared with the My Health Record system, subject to exceptions’.
1.6Under this framework, constitutional corporations that provide healthcare services will be required to register with My Health Record and to upload health information to the healthcare recipient’s My Health Records.
1.7However, the Explanatory Memorandum emphasised that the existing arrangements, where information is not permitted to be uploaded to a healthcare recipient’s My Health Records against their wishes, will not change. It further noted that recipients will continue to have control over who may access and view their My Health Record.
1.8In its joint submission with Australian Digital Health Agency (the Agency), the Department of Health and Aged Care (the Department) explained that the bill seeks to change the current model of sharing key health information to My Health Record from voluntary to mandatory. The Department and the Agency expanded that this change will:
… drive the behaviour change necessary to ensure secure access to key health information is available when needed; better connecting healthcare recipients, general practices, hospitals, specialists, pharmacies and allied health professionals.
1.9Further, the Explanatory Memorandum noted that Medicare benefits for specific health services will be conditional upon upload of information about those health services.As outlined later in this report, exceptions will apply, including where an individual has requested their information not be uploaded to My Health Record, or because of a serious concern for the health, safety or wellbeing of the individual.
1.10In his second reading speech, the Minister clarified that the framework would begin with pathology and diagnostic imaging but will also ‘position the My Health Record system to deliver access to key information, and become a routine, central part of our health system’.
Background
1.11The Department explained that Australia first introduced a national digital health record system in 2012 to allow sharing of key health information, with the Agency becoming the system operator for My Health Record in 2016.
1.12According to the Office of the Australian Information Commissioner, My Health Record is the Australian Government’s digital health record system that holds My Health Records. It explained that a My Health Record is an online summary of an individual’s health information which allows healthcare providers involved in an individual’s care to view their health information. Individuals can also access their My Health Record online.
1.13The Department commented that My Health Record keeps key health information in a ‘safe and secure place’ which can ‘support diagnosis and treatment, document treatment approach and results, and promote continuity of care among healthcare providers’.
1.14In its joint submission with the Agency, the Department outlined that My Health Record is uniquely positioned to:
empower healthcare recipients to safely and securely access their key health information to support them to actively engage as partners in their own healthcare
make it easier for healthcare providers to access key health information about their patients, enhancing clinical decision making
improve care coordination across care settings in both public and private health services, and across jurisdictional borders.
1.15However, the Department observed that healthcare providers can choose whether to upload health information to the My Health Record system. The Department commented that consequently, ‘key health information is often missing from a healthcare recipient’s My Health Record when they would like it made available’. This is separate from the protections in place allowing individuals to decline to have their information uploaded, which will not change.
1.16The Department further noted that upload volumes still represent only half of pathology reports and one in three diagnostic imaging reports. The Department commented that this ‘is not enough to provide healthcare recipients and their healthcare providers with confidence that when they need to access a test result it will be available’.
Past initiatives to improve information-sharing with My Health Record
1.17The Department and the Agency noted that there have been a range of policy interventions that have attempted to improve key health information-sharing with My Health Record. For instance, in 2013, the Royle Review of an earlier iteration of My Health Record highlighted that without a critical mass of healthcare recipients registered, healthcare providers had no incentive to use the system.
1.18As such, the My Health Record system transitioned from an opt-in consumer participation model to an opt-out model. The Department and the Agency noted that the opt-out model took effect in early 2019, and that as of November 2024, over 24.1 million Australians have a My Health Record.
1.19The Department and Agency also outlined other interventions, including:
financial incentives through the Practice Incentive Program eHealth Incentive (ePIP)
industry offers made by the Agency, through Austender, to provide funding to subsidise the development and implementation of My Health Record functionality in clinical information systems, including approximately $1.7 million to the pathology and diagnostic imaging sectors
extensive engagement, support and education with the sector by the Department and the Agency
collaborative work with states and territories towards national harmonisation of local policies and legislation.
Strengthening Medicare Taskforce
1.20According to the Explanatory Memorandum, the bill has also been developed in response to recommendations made by the Strengthening Medicare Taskforce (the Taskforce). The Taskforce began its work in 2022 to provide recommendations to the government on:
improving patient access to general practice, including after hours
improving patient access to GP-led multidisciplinary team care, including nursing and allied health
making primary care more affordable for patients
improving prevention and management of ongoing and chronic conditions
reducing pressure on hospitals.
1.21The Taskforce’s final report, released in 2022, highlighted that ‘access to real time health information is a critical foundation for a modern and connected healthcare system’. As such, the Taskforce recommended that key health information should be required to be shared by clinicians by default, rather by exception, to a healthcare recipient’s My Health Record.
1.22Further, according to the Department and the Agency, the Taskforce saw an opportunity to provide data insights to underpin a ‘learning health system’:
The taskforce also saw the opportunity for sharing key health information to provide rich data insights for planning, resourcing and to underpin a learning health system. A learning health system is broader than an individual patient episode of care. It is a continuous feedback loop that pursues meaningful patient-centred improvement and informs preventative health measures, through the sharing of strong, actionable evidence to health administrators and healthcare professionals to guide and improve patient care outcomes.
1.23The Department and Agency also acknowledged recommendations by other reviews to share by default, including from the Review of the My Health Records Legislation in 2020, and the Productivity Commission’s 2023 ‘5-year Productivity Inquiry: Advancing Prosperity’ report.
Government consultation
1.24From 8 September to 31 October 2023, the Department and the Agency conducted a public consultation process to inform the implementation of two changes to improve sharing of pathology and diagnostic imaging reports to My Health Record:
‘better access’: introducing requirements for pathology and diagnostic imaging providers to share reports to My Health Record by default
‘faster access’: removing the 7-day delay so consumers can see most pathology and diagnostic imaging results as soon as they have been uploaded to My Health Record.
1.25The consultation received 416 submissions, with the Department explaining that the feedback is ‘informing implementation, including opportunities to build on existing communication and education activities for consumers and healthcare providers’.
1.26The Department and Agency identified that approximately half of the submissions were lodged by healthcare recipients and their carers, who indicated broad support for sharing by default, with healthcare recipients wanting better access to their health information.
1.27The Department and Agency also acknowledged that ongoing consultation has explored the preparedness, barriers and challenges of the public and private sectors’ ability to comply with the proposed requirements in relation to pathology and diagnostic imaging services.
1.28Further, the Department and Agency highlighted that they have ‘worked closely’ with states and territories, who will ‘continue to play a key role in informing the proposed requirements and expansion to future prescribed healthcare services’.
1.29The Department and Agency concluded that this would ensure that My Health Record can begin to provide patients with a comprehensive overview of key health information, regardless of where health services are received.
Financial impact statement
1.30The financial impact statement for the bill specified that funding to deliver these reforms was allocated in the 2023–24 and 2024–25 Budgets. $13.1 million was allocated over 2023–25 for reform development costs, and an additional $0.8 million was allocated in the 2024–25 Budget to ‘support national communication and education activities’.
1.31The Explanatory Memorandum also stated that the bill is expected to generate savings through reduced Medicare benefit costs, which the Explanatory Memorandum attributes to fewer duplicate tests being conducted. The Explanatory Memorandum further explained that duplication in pathology and diagnostic imaging testing is estimated to account for five per cent of Medicare services performed.
1.32The Explanatory Memorandum also clarified that these savings are contingent on rules made under the Bill.
Key provisions of the bill
1.33This section explores the bill’s key provisions. The bill is comprised of two schedules, with schedule one containing two parts:
Schedule 1 – Main amendments
Part 1 – My Health Records
Part 2 – Medicare benefits
Schedule 2 – Other amendments
Commencement
1.34Clause 2(1) provides that the bill, if passed, would commence as follows:
Sections 1 to 3, and anything in the Act not elsewhere covered by the commencement table – the day that the Act receives the Royal Assent.
Schedule 1, Part 1 – the day after the Act receives the Royal Assent.
Schedule 1, Part 2, Division 1 – the day after the Act receives the Royal Assent.
Schedule 1, Part 2, Division 2 – the day after the Act receives the Royal Assent. However, if Schedule 1 to the Health Insurance Legislation Amendment (Assignment of Medicare Benefits) Act 2024 commences on or before that date, then Schedule 1, Part 2, Division 2 will not commence at all.
Schedule 1, Part 2, Division 3 – the later of:
the start of the day after the Act receives the Royal Assent; and
immediately after the commencement of Schedule 1 to the Health Insurance Legislation Amendment (Assignment of Medicare Benefits) Act 2024.
Schedule 1, Part 2, Division 4 – the later of:
immediately after the commencement of the Schedule 1, Part 2, Division 1 provisions; and
the commencement of Schedule 2 to the Administrative Review Tribunal (Miscellaneous Measures) Act 2024.
Schedule 2 – the day after the Act receives the Royal Assent.
Schedule 1 – Main amendments
1.35Schedule 1 contains two parts. Part 1 would amend the My Health Records Act 2012 (My Health Records Act) to require prescribed constitutional corporations to become registered under the My Health Records Act and to upload prescribed information to the My Health Record system.
1.36Part 2 would amend the Health Insurance Act 1973 (Health Insurance Act) to provide that Medicare benefits will no longer be payable for prescribed healthcare services, unless required information is shared to the My Health Records system.
Part 1 – My Health Records
1.37The object of the My Health Records Act currently states:
The object of this Act is to enable the establishment and operation of a voluntary national public system for the provision of access to health information relating to recipients of healthcare …
1.38Item 1, proposed section 3 of the bill would omit ‘voluntary national public system for the provision of access to health information relating to recipients of healthcare’ from the object, and substitute ‘national public system for the provision of access to health information relating to recipients of healthcare that is voluntary for those recipients’.
1.39According to the Explanatory Memorandum, this change reflects that My Health Record system participation will no longer be voluntary for healthcare provider organisations, but that it will remain voluntary for healthcare recipients.
1.40Item 2, proposed section 4 would amend the simplified outline of the My Health Records Act. Currently, the simplified outline provides that if a healthcare recipient is registered in the My Health Record system, then a healthcare provider may upload health information about the recipient to the system. However, the proposed section would insert that healthcare providers may, ‘or in some circumstances, must’ upload health information.
1.41The Explanatory Memorandum clarifies that this amendment reflects that participation in the My Health Record system will not be voluntary for prescribed healthcare provider organisations, and that in some circumstances, they must upload health information about a healthcare recipient to the system.
1.42However, the Explanatory Memorandum also notes that healthcare provider organisations that are not prescribed are not subject to the requirement to upload.
1.43Item 3, proposed section 5 would insert definitions into the My Health Records Act, such as:
‘Approved registered repository operator’, which is defined as a healthcare provider organisation that is a registered repository operator and satisfies the requirements (if any) specified in the My Health Records Rules.
‘Prescribed healthcare provider organisation’, which is defined as a healthcare provider organisation that is a corporation to which paragraph 51(xx) of the Constitution applies and is of a kind specified in the My Health Records Rules.
1.44Item 3, proposed section 5 also provides the provisions that are defined as a ‘share by default provision’.
1.45Item 4 would insert new sections 10A, 10B and 10C into the My Health Records Act. The Explanatory Memorandum explains that proposed subsection 10A defines how entities share information with the My Health Record system.
1.46Further, proposed section 10B details when an upload exception applies to an entity sharing information with the My Health Record system about healthcare provided to an individual. The Explanatory Memorandum notes that an exception applies if:
the individual is not a registered healthcare recipient; or
the individual, or their authorised or nominated representative have advised the entity, or the entity has otherwise been informed, that the individual, or their authorised or nominated representative has advised that the information must not be uploaded to the My Health Record system; or
an individual healthcare provider reasonably believes that the information should not be shared with the My Health Record system because of a serious concern for the health, safety or wellbeing of the individual; or
the information cannot be shared with the My Health Record system due to circumstances beyond the reasonable control of the entity. Circumstances beyond the reasonable control of the entity may include, for example, where that entity is unable to achieve an Individual Healthcare Identifier match for the purposes of the Healthcare Identifiers Act 2010.
1.47Proposed subsection 10C relates to circumstances in which applications made by a healthcare provider are finally determined.
1.48Item 5 would add a new Division 1A to the My Health Record Act and would make provisions in respect of healthcare provider organisations that are required to be registered.
1.49Within this Division, proposed subsection 41A(1) provides that a prescribed healthcare provider organisation contravenes this subsection if the organisation is not a registered healthcare provider organisation and is not an approved registered repository operator.
1.50The Explanatory Memorandum explains that a contravention of this subsection may result in the imposition of a civil penalty of up to 250 penalty units. The remaining proposed paragraphs relate to circumstances where proposed subsection 41A(1) does not apply.
1.51Proposed subsection 41B also provides that the System Operator may approve a period during which registration is not required for a prescribed healthcare provider organisation.
1.52Item 7 would repeal paragraph 43(c), which the Explanatory Memorandum explains would remove the requirement that a healthcare provider organisation must agree to be bound by the conditions imposed by the System Operator on the registration, in order to be eligible for registration in the My Health Record system. The Explanatory Memorandum further clarifies that this reflects that it would be mandatory, under proposed section 41A, for prescribed healthcare organisations to be registered, and therefore their agreement to be bound by the conditions is no longer required.
1.53The bill’s provisions also provide that the System Operator may, in writing, decide to cancel or suspend an organisation’s registration if they are not satisfied that the organisation is able to comply with the conditions of their registration.
1.54Item 13 inserts a new section 70AA, which would provide specific authorisations for the collection, use and disclosure of information to support monitoring, compliance and enforcement with the share by default provisions.
1.55Item 14 adds a new Division 5 at the end of Part 4 of the My Health Records Act, which makes provision in respect of the authorised collection, use and disclosure for compliance purposes. Proposed subsection 73D(1) contains a table that details the kinds of entities that are authorised to collect, use or disclose particular information for the purposes of monitoring, investigating or enforcing compliance with a share by default provision.
1.56Item 16 would insert proposed sections 78A, 78B, 78C, and 78D into the My Health Records Act:
Proposed section 78A provides that some information must be shared with the My Health Records system unless exception applies.
Proposed section 78B provides that the System Operator may approve a period during which sharing with the system is not required.
Proposed section 78C would require record keeping requirements in relation to sharing information with the My Health Record system.
Proposed section 78D sets out that prescribed healthcare provider organisations must display notice when not sharing information with the system.
1.57Item 17 of the bill would repeal subsection 79(2) of the My Health Records Act and substitute new subsections 79(2), (2A) and (2B). These subsections pertain to matters such as civil penalty provisions.
1.58Item 18 would insert a new Division 1A for provisions relating to infringement notices. For instance, proposed subsection 79A(1) would identify the provisions that are subject to an infringement notice under the Regulatory Powers (Standard Provisions) Act 2014.
1.59Item 19 and Item 20 would add wording to include the Secretary of the Department as an authorised person in respect of the provisions of the My Health Records Act.
1.60Item 24 relates to application provisions, which sets out situations or timeframes in which a law applies or does not apply. According to the Explanatory Memorandum, the Item sets out the following provisions for the purposes of the bill:
the amendments to section 43 of the My Health Records Act apply in relation to any application made after the commencement of this item;
the amendments to sections 51, 53 and 54 of the My Health Records Act apply in relation to any registration of a healthcare recipient or other entity that is in effect after the commencement of this item;
sections 70AA and 73C of the My Health Records Act, apply in relation to health information created after the commencement of this item;
section 76A of the My Health Records Act applies in relation to any registration of a healthcare provider organisation that is in effect after the commencement of this item;
section 78A of the My Health Records Act applies in relation to any information created after the commencement of this item;
the amendments to section 79 of the My Health Records Act apply in relation to any application under section 82 of the Regulatory Powers Act in relation to a civil penalty provision of the My Health Records Act made after the commencement of this item.
Part 2 – Medicare benefits
1.61Item 25 inserts the definitions of the following terms into the Health Insurance Act: associate, authorised representative, My Health Record System, My Health Record System Operator, nominated representative, resolved, shares with the My Health record system, upload exception applies and upload rules.
1.62Item 26 would insert the following new sections 19AD, 19AE, 19AF, 19AG, 19AH and 19AI.
1.63Proposed section 19AD pertains to Medicare benefits. For instance, proposed subsection 19AD(1) provides that:
… a medicare benefit is not payable in respect of a professional service specified in the upload rules, rendered by or on behalf of a person specified for the service in the upload rules, unless the person shares with the My Health Record system within the period specified in the upload rules, the information specified in the upload rules for the service.
1.64Proposed subsection 19AD(2) lists the circumstances in which proposed subsection 19AD(1) would not apply, including, for instance, where an upload exception applies to the person sharing the information with the My Health Record system.
1.65Proposed subsection 19AD(3) details when an upload exception applies in relation to a person sharing with the My Health Record system information about a professional service rendered to an individual.
1.66Further, proposed section 19AE establishes a formal process for the System Operator to approve a period during which an entity is not required to share information with the My Health Record system.
1.67Requirements for certain persons to retain records of an upload exception in circumstances where, but for the upload exception, would not be payable, are set out in proposed section 19AF. The Explanatory Memorandum notes that this section also outlines in what circumstance persons must produce evidence of the upload exception, and procedural requirements around the handling of this evidence.
1.68Proposed section 19AG would enable a payment for a professional service to be made in certain circumstances, before information specified in the upload rules is shared with the My Health Record system. The Explanatory Memorandum identifies that the purpose of this proposed section is to:
… support current claiming practices where medicare benefits are claimed at the time the health service is delivered, for example when a scan is performed, and the required information will not be able to be uploaded until later when the report or other relevant information is prepared.
1.69It further notes that the amendments provide that healthcare providers will be able to continue to claim Medicare benefits, which will be paid as advance payments, to prevent delays in payment to recipients.
1.70New section 19AH makes provision for the recovery of payments in certain circumstances, and new section 19AI empowers the Minister to make upload rules for the purposes of the Act and imposes restrictions on what matters may be prescribed.
1.71The Explanatory Memorandum states that the making of specific upload rules, rather than regulation, will enable better consistency and alignment with the upload rules being made under the My Health Records Act.
1.72The provisions in Item 43 inserts a new subsection 130(13A), which would provide that any of the following persons may divulge information about a person’s compliance with a share by default provision, as defined in the My Health Records Act, to the Australian Commission on Safety and Quality in Health Care (the Commission):
The Secretary;
The Secretary of the Department administered by the Minister administering the My Health Records Act; and
The Chief Executive Medicare.
1.73The Explanatory Memorandum notes that the Commission oversees accreditation standards for healthcare providers, and that compliance with share by default provisions are expected to be relevant to future accreditation standards for prescribed healthcare providers. The Explanatory Memorandum states that disclosures to the Commission will not contain personal or health information of individual healthcare recipients.
1.74The bill also provides for a Division that details amendments commencing if the Health Insurance Legislation Amendment (Assignment of Medicare Benefits) Act 2024 does not commence, and a Division for amendments commencing if the aforementioned Act does commence.
Schedule 2 – Other amendments
1.75Schedule 2 contains amendments to various Acts, including:
A New Tax System (Goods and Services Tax) Act 1999 (GST Act).
Amendments ensure that new section 19AD of Health Insurance Act is disregarded when parts of the GST Act are applied to determine whether a professional service is a service for which a Medicare benefit is payable.
Fringe Benefits Tax Assessment Act 1986.
The bill's amendment to the above Act ensures that the fringe benefit tax treatment of the medical service is not affected, whether the upload condition is complied with or not.
Health Insurance Act 1973.
Amendments relate to matters such as patient contributions, instances where new section 19AD of the Health Insurance Act is disregarded when determining whether a Medicare benefit is payable, and the definition of ‘service’ is subsection 81(1) of the Health Insurance Act.
National Health Act 1953.
Amendments include matters such as inserting defined terms, such as ‘My Health Record information’ and ‘share by default service’, as well as providing what constitutes a ‘permitted purpose’ for the matching of data other than data that includes My Health Record information.
National Health Reform Act 2011.
The bill would insert new section 54HA after section 54H of the National Health Reform Act 2011. This section and its associated subsections relate to protected Commission information. The Explanatory Memorandum notes that the amendment would ‘allow the Commission to disclose non-compliance with share by default provisions that accrediting agencies may become aware of in their accreditation activities for appropriate action by the System Operator, Secretary or Chief Executive Medicare’.
Private Health Insurance Act 2007.
The bill would amend the Private Health Insurance Act 2007. For instance, it would ensure that new section 19AD of the Health Insurance Act is disregarded when determining whether Medicare benefit is payable for the for the purposes of subsection 72-1(2) of the Private Health Insurance Act 2007.
The Explanatory Memorandum explains that the effect of this amendment is to ensure benefits payable to a healthcare recipient’s under private health insurance policies will not be impacted by the upload requirements in new section 19AD of the Health Insurance Act.
Rules under the My Health Records Act and Health Insurance Act
1.76In its joint submission, the Department and the Agency noted that subject to the passage of the bill, rules will be made under the My Health Records Act and the Health Insurance Act, which will prescribe matters to give effect to the requirement to share.
Who needs to share by default
1.77The Department and the Agency stated that it is proposed to initially consult on a proposal that would include:
Amendment to the My Health Records Rules that would require constitutional corporations that are proprietors of pathology labs and diagnostic imaging premises to upload reports about prescribed pathology and diagnostic imaging services.
Upload Rules to be made under the Health Insurance Act that would require the uploading of reports related to specific pathology and diagnostic imaging services carried out by specialist pathologists and radiologists, in order to claim Medicare benefits for those services. Pathology and diagnostic imaging services carried out by other types of medical practitioners (e.g. dentists or cardiologists) are not intended to be included in the initial scope of the mandate.
Future health information to be shared by default
1.78The Department and the Agency submitted that the bill intentionally does not dictate what health service, or health practitioner and what health information, is in scope of the requirement to share key health information. They noted that this detail is intentionally prescribed in the Rules to support flexibility to adapt as health services and community health needs change.
1.79They elaborated that the rules will require reports or results to be uploaded regarding the following types of pathology and diagnostic imaging services (subject to exceptions):
Services listed in the tables under Part 2 – Services and fees of the Health Insurance (Pathology Services Table) Regulation 2020; and
R-type services listed in the tables under Part 2 – Services and fees of the Health Insurance (Diagnostic Imaging Services Table) Regulations (No. 2) 2020.
1.80Further, the Rules may also make provision for types of health information or health services not to be subject to upload requirements. The Department and Agency explained that exceptions which may apply to pathology and diagnostic imaging services are still under consideration and are still subject to further consultation.
1.81The Department and Agency concluded that all information to be shared to My Health Record will also be subject to the exceptions outlined in the bill, including if the:
healthcare recipient has advised that they don’t want the information uploaded
healthcare recipient is not registered for My Health Record
healthcare provider reasonably believes that the information should not be uploaded due to a serious concern for the health, safety or wellbeing of the healthcare recipient
information cannot be shared due to other reasons beyond the control of the healthcare provider.
Uploading period
1.82The rules will also prescribe the period within which information needs to be uploaded to My Health Record, which has been intentionally deferred to rules under the bill. The Department and Agency noted that this is because the timing for sharing relevant information may be different for different types of health information, as the requirement’s scope is expanded in the future.
1.83The Department and the Agency explained that it is intended for healthcare recipients to have access to their health information at the same time as their healthcare provider, unless exceptions apply. For pathology and diagnostic imaging, it is proposed to require sharing at the same time as results are sent to the referring healthcare provider.
Compatibility with human rights
1.84The bill’s Statement of Compatibility with Human Rights (the statement) noted that the bill is ‘compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011’.
1.85The statement explained that the bill engages the following rights:
Article 12(1) of the International Covenant on Economic, Social and Cultural Rights (ICESCR) being the right to the enjoyment of the highest attainable standard of physical and mental health;
The right to privacy under Article 17 of the International Covenant on Civil and Political Rights (ICCPR); and
Criminal offence process rights under Article 14 of the ICCPR.
1.86Further, the statement concluded that the bill is compatible with human rights as it promotes better health outcomes for Australia by ‘enabling better access to critical health information by individuals and their healthcare providers’.
1.87The statement also clarified that the bill engages the rights to privacy to promote better public health outcomes, and notes that to the extent that any rights to privacy are limited, ‘this is reasonable, necessary and proportionate in the circumstances’.
1.88Further, the statement outlined that the bill ‘ensures the inclusion of civil penalties, including through an infringement notice, is consistent with human rights criminal process guarantees’.
Consideration by other committees
1.89In its Report 11 of 2024, the Parliamentary Joint Committee on Human Rights deferred consideration of the bill.
1.90The Senate Standing Committee for the Scrutiny of Bills also deferred its consideration of the bill in Scrutiny Digest 15 of 2024.
Conduct of the inquiry
1.91Details of the inquiry were made available on the committee’s website. The committee also contacted a number of organisations and individuals to invite them to lodge written submissions by 10 January 2025.
1.92The committee received 22 submissions, which are listed at Appendix 1 of this report.
Acknowledgements
1.93The committee thanks the organisations and individuals who contributed to the inquiry by making written submissions.