The consultation is now closed. The deadline for submissions was 17 February 2026.
The My Health Records (Information Commissioner Enforcement Powers) Guidelines 2026 has commenced and replaced the previous Guidelines from 2016. It is accompanied by an Explanatory Statement that explains the changes made in the new Guidelines and outlines key feedback from consultation submissions.
Background
The Office of the Australian Information Commissioner (OAIC) is conducting a public consultation on the draft of the My Health Records (Information Commissioner Enforcement Powers) Guidelines 2026, which will replace the My Health Records (Information Commissioner Enforcement Powers) Guidelines 2016 when it sunsets on 1 April 2026.
We invite interested stakeholders to provide general feedback on the content, guidance, readability and accessibility of the draft Guidelines.
Consultation materials
To assist stakeholders in preparing comments for this consultation, the OAIC has published the Consultation Paper to accompany the draft Guidelines.
The Consultation Paper summarises key changes made and includes general questions intended to stimulate comments and reflections on the draft Guidelines.
Download the draft Consultation Paper
Updated: 27 January 2026Download the draft My Health Record Guidelines 2026
Updated: 27 January 2026How to provide comments
Submissions can be made via email at consultation@oaic.gov.au. The closing date for submissions is 5 pm AEDT 17 February 2026.
We intend to make all submissions publicly available on the OAIC’s website. Please indicate when making your submission if it contains confidential information you do not want made public and why it should not be published. Requests for access to confidential comments will be determined in accordance with the Freedom of Information Act 1982.
Submissions received to the public consultation
Australian College of Rural and Remote Medicine (PDF, 232 KB)
Australian Digital Health Agency (PDF, 183 KB)
Australian Medical Association (PDF, 318 KB)
Consumers Health Forum of Australia (PDF, 94 KB)
LGBTQI+ Health Australia (PDF, 215 KB)
National Association of People with HIV Australia (PDF, 213 KB)
Public Pathology Australia (PDF, 645 KB)
Royal Australian College of General Practitioners (PDF, 146 KB)
The Federation of Ethnic Communities’ Councils of Australia and the Australian Multicultural Health Collaborative (PDF, 478 KB)
Privacy collection statement
The OAIC will only use the personal information it collects during this consultation for the purpose of informing the development of the draft Guidelines and considering issues raised by the consultation paper.
