Better and Faster Access to health information
Improving access to health information in My Health Record is at the heart of recent reforms to Australia’s digital health landscape. Historically, not all key health information was required to be uploaded, leaving gaps in a consumer’s record that potentially hampered care. The new 'Sharing by Default' legislation aims to modernise healthcare, delivering more timely and comprehensive information for providers and consumers alike.
These changes respond to recommendations from the Strengthening Medicare Taskforce Report and were announced in May 2023. The Australian Parliament then passed the Health Legislation Amendment (Modernising My Health Record – Sharing by Default) Bill 2024, setting out new requirements for providers.
Policy changes will complement this, to provide consumers with faster access to their pathology and diagnostic imaging reports.
There are two key components that will be introduced by the middle of 2026:
1. Faster access
Pathology: From mid-October 2025, most pathology results (see new test categories below) will be available for consumers to view in My Health Record or my health app immediately after they are uploaded. Previously, a 7-day delay was in place (with exceptions for specific tests such as COVID-19, respiratory infection tests, diabetes monitoring, and INR blood clot monitoring). For certain categories (including anatomical pathology, cytopathology, and genetic tests) results will be available to consumers after a 5-day delay, regardless of test outcome.
New test categories (PDF, 202.38 KB)
Diagnostic imaging: From February 2026, consumers can immediately view x-ray reports for limbs (arms and legs) after upload. Other diagnostic imaging reports will be available after a 5-day delay, compared to the previous 7-day wait.
2. Better access
Sharing by default: Healthcare providers, starting with those delivering pathology and diagnostic imaging services, will be required to upload reports to My Health Record by default. In future, other types of reports or documents may be included in the upload requirement.
The requirement will commence following the finalisation of rules to support it. A six-month implementation delay will allow providers and the industry to prepare, with obligations expected to commence from mid-2026.
Exceptions apply where consumers or their representatives request that reports not be uploaded, where a reasonable concern for consumer, health, safety or wellbeing exists, or technical/system issues prevent upload. Evidence of exceptions must be retained for 2 years.
Next steps for healthcare providers
- Register your organisation for My Health Record if not already connected.
- Ensure your clinical software can upload information to My Health Record.
- Access education and training resources to prepare your team for the new requirements.
Frequently asked questions
Who will the requirement to share to My Health Record by default apply to?
Initially, the requirement will apply to healthcare providers that deliver pathology and diagnostic imaging services (such as blood tests and x-rays), where there is a written report. It does not include sharing images to My Health Record.
In the future, other types of health information may be required to be shared with My Health Record by default. The Department of Health, Disability and Ageing will undertake further consultation prior to introducing requirements for additional healthcare providers or health information.
More information can be found by visiting the Department of Health, Disability and Ageing website Modernising My Health Record - Improved sharing of pathology and diagnostic imaging information.
When does the requirement to share to My Health Record by default commence?
The requirement will commence after rules are made under the My Health Records Act 2012 and the Health Insurance Act 1973. The Department of Health, Disability and Ageing is currently in the process of developing the rules. Once the rules are finalised, there will be a six-month delayed commencement to provide time for industry and providers to prepare.
After this, the mandatory upload requirements will take effect, with obligations expected to commence from mid-2026.
In certain circumstances, healthcare providers who are unable to comply with the new rules may be eligible to apply for an extension – applications for an extension will open in early 2026.
What can pathology or diagnostic imaging service providers do to get ready to share by default?
If an organisation is not already registered for My Health Record, they are encouraged to register now, to ensure they are ready. For information on how to do this, refer to implementing My Health Record in your healthcare organisation.
The organisation’s software needs to be able to upload to My Health Record. If unsure, providers can check with their software provider or secure messaging vendor.
Additional information is available on the implementing My Health Record in your healthcare organisation and the My Health Record Conformance Register.
What happens if a healthcare provider doesn’t comply with the requirement to share to My Health Record by default?
If an organisation fails to comply with the requirement to share to My Health Record by default, they could be instructed to repay money they received for that service under the Medicare Benefits Scheme. In some cases, civil penalties may also apply.
Where an organisation is required to upload information to My Health Record by default and they are not doing so - for example, because they have been granted an extension of time to comply - they must display a notice informing consumers of this. The notice must be visible at the provider’s premises and on their website. Not displaying the notice may result in a civil penalty.
More information can be found on the Department of Health, Disability and Ageing website Modernising My Health Record - Improved sharing of pathology and diagnostic imaging information.
What exceptions may apply to this requirement?
Under the legislation, there are certain circumstances when information does not need to be uploaded to My Health Record, because one of the following exceptions apply:
- The consumer does not have a My Health Record.
- The consumer requests that the information is not uploaded to their record.
- A consumer’s authorised or nominated representative requests that the information is not uploaded.
- A healthcare provider reasonably believes that the information should not be uploaded because of concern for the health, safety or wellbeing of the consumer.
- The information cannot be shared due to circumstances outside the reasonable control of the provider, such as technical system issues that prevent uploads from happening.
If a healthcare provider does not upload because one of these exceptions apply, they must retain evidence of the exception, for a period of 2 years from the date that the healthcare service occurs. They may be asked to produce evidence to justify that an exception applied.
The rules may specify additional circumstances where the requirement to upload does not apply. For example, they may specify that pathology and diagnostic imaging reports generated for the purpose of health insurance requirements, workplace drug or alcohol testing, court ordered testing and law enforcement do not need to be uploaded. This will be confirmed when the rules are finalised.
In addition, if an extension of time to comply with the mandate has been granted, or preserved privacy laws apply, a provider does not need to upload to My Health Record by default.
Who can decide that information should not be uploaded to My Health Record?
At any time, a consumer can request that information is not uploaded to their record. A healthcare provider must comply with this request. A request can also be made by a consumer’s authorised representative or nominated representative.
In addition, if a healthcare provider has a reasonable concern that uploading particular information to My Health Record will be harmful to the health, safety or wellbeing of the consumer, they can decide that a specific report not be uploaded.
This decision should be made in consultation with the consumer, where possible.
Where a decision is made to not upload specific information the reasons should be recorded in the healthcare provider’s notes.
In addition, the healthcare provider that is subject to the mandatory upload requirement must keep a record of the reason for not uploading, for a period of 2 years.
For more information about recordkeeping requirements, refer to the Department of Health, Disability and Ageing website: Modernising My Health Record – Improved sharing of pathology and diagnostic imaging information.
Can access controls be applied to reports?
If a report is uploaded and a consumer or their authorised representative later changes their mind, they can delete it, hide it from view, or restrict access to the report or their entire record, in accordance with consumer access controls.
Healthcare providers should keep this in mind and remember that My Health Record is not a complete health record and should be used to supplement other sources of information.
What privacy and access, obligations, and education resources are available?
A range of information about privacy and access is available to help providers understand measures designed to ensure appropriate access and support consumer choice, including:
- Who can access My Health Record and when this can occur.
- Who can author and upload information and when it can be uploaded.
- Consumer access controls, access history and audit trails.
- Emergency access requirements.
- Penalties.
- System security.
In addition, healthcare providers should ensure they are familiar with obligations they must adhere to when using My Health Record.
A range of education and training resources for healthcare providers are also available.