One patient was advised to "try again later or tomorrow" and that the line would be open 24 hours a day, seven days a week. About 17 million Australians will be automatically enrolled in the My Health record if they do not opt out by next Thursday, despite lingering significant privacy concerns. The ADHA said "a small percentage" of callers to the opt-out helpline were unable to have their identities verified through a Department of Human Services system. Earlier, a spokeswoman for Mr Hunt said the problem was "not due to an influx of calls. It is a technical issue". Australians who have a driver's license or passport, and had updated Medicare with their current address, were still able to opt out using the My Health Record online portal, the spokeswoman said.

It comes as Federal Health Minister Greg Hunt weighs up Labor's demands for six additional amendments to a government bill that is yet to pass in Parliament, which would address some of the privacy and security concerns of the existing legislation. Loading Australian Medical Association President Tony Bartone last night met with staffers from Mr Hunt's office to make the case for the minister to accept the recommendations of the Senate inquiry into the My Health Record rollout. Legislation that would enshrine a patient's right to permanently delete their record, and ensure that police may only access a person's medical history with a court order, is yet to pass Parliament but politicians will not get a chance to debate the bill before the opt-out deadline passes on November 15. The Senate inquiry last month recommended that the opt-out period be extended by 12 months and legislation substantially rewritten to safeguard patients' safety and privacy, but Mr Hunt refused to extend the opt-out period.

Labor has outlined six amendments, based on key Senate inquiry recommendations, which it will move to the government's bill if the issue is not resolved before the next sitting period. These amendments will ensure that My Health Record "can never be privatised or commercialised"; that private health insurers "can never access My Health Records, including de-identified data"; and that employer doctors cannot access worker health records. Labor will also move an amendment to ensure that domestic violence victims are protected, by "narrowing the definition of parental responsibility" as it applies to the scheme. Currently, a violent former partner may access their child's My Health Record, even if they are not the custodial parent. Domestic violence advocates have raised concerns that this information could be used to track down a person who is in hiding for safety reasons.

The Labor amendments will also specify that the Australian Digital Health Agency cannot delegate access to patient records to other entities, and enshrine tougher penalties for breaches of the My Health Record Act. Labor's health spokeswoman, Catherine King, has outlined changes to the My Health Record legislation. Opposition Health spokeswoman Catherine King repeated her call for Mr Hunt to further extend the opt-out period. "This rollout should not continue until all concerns have been resolved through legislation, and a Privacy Commissioner review has been completed," Ms King said. "Nearly four months after public controversy first erupted - and with less than 10 days to go until the opt-out period ends - we still don't know what the government is planning to do to fix this mess. The government’s rollout has seriously undermined public support for an electronic health record system that could deliver enormous benefits to patients and clinicians."