Legislative changes mean that as of 13 October 2025, the way that health information is uploaded to and accessed within My Health Record is changing. These changes may have significant implications for pathology related to blood-borne viruses and sexual and reproductive health.
What are the changes?
Two key changes are coming into effect:
1. Reduced or removed delays for patient access to pathology reports in My Health Record
From 13 October 2025, most pathology reports will be available for patients to view in My Health Record or the my health app as soon as they are uploaded. This includes results related to HIV, hepatitis B, hepatitis C and STIs. Previously, a 7-day delay was in place for most tests, with some select exceptions such as COVID-19 results.
Some results, including anatomical pathology, cytopathology and genetic testing, will be viewable after a 5-day delay, reduced from the previous 7-day delay.
This change does not affect which results are uploaded to My Health Record, only how quickly they are visible to patients.
From February 2026, X-ray reports for limbs (arms and legs) will be available to view in My Health Record immediately after they are uploaded. Other diagnostic imaging reports will be available after a 5-day delay, reduced from the previous 7-day delay.
2. Requirement for healthcare providers to upload results to My Health Record ‘by default’
From approximately March 2026 (subject to parliamentary processes and timing), 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.
There are exceptions to the requirement to upload by default, such as when:
- A patient does not have a My Health Record
- A patient or their representatives ask that it not be uploaded
- A healthcare provider has concerns about an individual’s health, safety or wellbeing
- Technical issues (like a system outage) prevent uploading
If any of these exceptions apply, the healthcare provider responsible for uploading the information must keep a record of the exception for at least 2 years.
What does this mean for tests related to BBVs and sexual and reproductive health?
The second change (‘upload by default’) may have significant implications for communities affected by HIV and viral hepatitis, in particular. Organisations representing these communities have expressed concerns about the ‘upload by default’ rule, as it may lead to sensitive test results being visible to healthcare providers other than those providing BBV or sexual and reproductive health-related care. While some community members may welcome the fact that any doctor they are seeing can access all their health records, others may not.
Community members accessing healthcare services will continue to have control over how much information is shared in My Health Record. This includes applying a lock over the entire record, restricting access to specific documents (including pathology reports) or deleting this information altogether. More information about these controls can be found here.
However, your patients may not be aware of these changes. As such, clinicians providing BBV and sexual and reproductive health-related care should discuss these changes with their patients, and inform them that they are able to opt out of specific test results being sent to My Health Record by default. If a patient informs you that they do not want specific pathology information or results to be uploaded, you can request that the pathology provider not upload it.
If a patient requests information about how to opt out of My Health Record (for those who do not yet have one), cancel their existing My Health Record or restrict access to specific healthcare providers, a community-facing fact sheet has been created by NAPWHA.
When does the requirement to upload by default come into effect?
Although the reduced delays for access to pathology reports in My Health Record are already in effect, the requirement for healthcare providers (in this case, those providing pathology services) to upload results by default will not commence until after rules are made under the My Health Records Act 2012 and the Health Insurance Act 1973.
According to information from the Australian Digital Health Agency, the Department of Health, Disability and Ageing is currently in the process of developing the rules. This requirement is expected to come into effect around March 2026.
However, we are aware that, in preparation for compliance with the new rule, some pathology providers may already be uploading results by default. As such, we encourage clinicians to discuss this with their patients as soon as possible and support them to make informed decisions about what pathology information is uploaded to My Health Record.
For more information about the changes, visit the Australian Digital Health Agency website.
The website also includes guides for healthcare providers requesting pathology or diagnostic imaging, or for those providing pathology and diagnostic imaging services.
