top of page

Legislation Update: The Legislation Amendment (Information Sharing) Bill 2021 (Vic)

2021 was a big year of legislative changes with the passing of the controversial ‘pandemic laws’ and the implementation of the ‘two-tier society’ mandates. The Legislation Amendment (Information Sharing) Bill 2021 (Vic) is currently moving through Parliament and impacts each individual’s ability to keep their personal medical information private.

Basic Overview

The Bill was introduced to Victorian Parliament on 5 October 2021 to amend the Health Services Act 1988 (Vic) (Act).

The Bill provides powers to the Secretary to request personal medical information from different health providers and collate this information into a single electronic database. Each patient will be provided with a unique identification number and through this database, a wide range of government agencies and healthcare providers will be able to access these records. These providers currently include; public hospitals, public health services, ambulance services, the Victorian Institute of Forensic Mental Health and some residential care services to name a few.

What is the concern?

The most concerning element of the Bill is stipulated under section 134ZL ‘no consent required.’ That is, the Secretary and anyone with authorised access to this database is not legally required to notify you or obtain your consent before accessing your medical information. The law also prevents any opportunity for a person to opt-out of such actions.

Despite a Statement of Compatibility being tabled, this Bill has still not been amended and therefore not fit to be legislated in its current form and poses a great risk to individual autonomy and privacy of the Victorian public.

Where is it now?

The Bill is currently sitting with the Legislative Council (Upper House). Parliament is resuming in early February which means this Bill may receive royal assent very soon.

What can we do?

The community still has the opportunity to make a difference.

As a first point, spread the word and share this information within your community.

You can also take action by contacting your Member of Parliament outlining the following points;

• This Bill takes away one’s fundamental right to privacy and to personal choice.

• This Bill is not fit to be legislated in its current form.

• The Bill must be amended to provide people with the ability to opt-out of their medical information being shared.

• The Bill needs to clearly state that any person who has access to this database is to use the information in a strictly controlled manner and setting.

• The Bill needs to define how a patient would be compensated if a breach of their medical information were to occur.

• Further details must be provided as to the management and security of the database before the implementation of the legislation, not after.

Review the Bill and review updates here.


The information shared in this article is of general nature and does not constitute legal advice.

bottom of page