Bridget Archer (Bass, Liberal Party) Share this | Link to this | Hansard source

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.

The bill establishes a legislative framework for requiring key health information to be shared with the My Health Record system, which will be subject to exceptions. Under this legislative framework, corporations providing health services will be required to register and participate with the My Health Record scheme. These health services will also be required to upload specific health information to healthcare recipients at My Health Record.

The bill's fact sheet states that key details will be set out in currently unseen rules, including which health services and what information about those health services must be shared under these changes. We understand that, initially, this will be limited to pathology and diagnostic imaging information. However, the committee will explore further details regarding what else will be contained in the rules and which other sectors may be impacted.

Through a Senate inquiry, we'll also be seeking to explore the effect of this bill in making Medicare benefits conditional upon meeting these sharing-by-default requirements, as well as the fact that new civil penalties will also apply to corporations who do not comply. However, it's important to note that patients will continue to have full choice and control over what information is uploaded to My Health Record and who has access to this information. Prescribed information will only be required to be uploaded to My Health Record subject to the patient's consent. The patient holds full control over what records are shown to practitioners.

Once again, the coalition supports My Health Record and patients having more timely access to their records. When last in government, the coalition significantly increased the number of Australians with a My Health Record from around 25 per cent to 90 per cent. The coalition also introduced a series of legislative amendments to significantly strengthen Labor's original legislation. This included increasing the penalties for improper use of a My Health Record, strengthening provisions to safeguard against domestic violence, prohibiting an employer from requesting and using health information in an individual's My Health Record, protecting employees and potential employees from discriminatory use of their My Health Record and ensuring law enforcement agencies can only access a person's My Health Record with a warrant or court order. However, we do believe that this legislation deserves further scrutiny in the Senate, particularly around the details that will be contained in the unseen rules and how they will impact health providers.

Stephen Bates (Brisbane, Australian Greens) Share this | Link to this | Hansard source

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.

There have been considerations raised by advocacy groups about the potential effects of this bill on healthcare providers. There is a likelihood that not all practices that will be subject to this legislation currently have the technical capability for the relevant information sharing. Upgrading software systems can be a costly endeavour and could be a process that would delay compliance. The Greens want to hear from the impacted practitioners about the impact that this bill would have on them. Because of this, we would like to see an inquiry into this bill which will then inform opposition in the Senate.

Question agreed to.

Bill read a second time.

Message from the Governor-General recommending appropriation announced.

Ordered that this bill be reported to the House without amendment.

Federation Chamber adjourned at 19:09