Greg Hunt’s claims that a warrant will be required to access My Health Record has been contradicted for the second time in two days – this time by the Queensland Police Union.

After taking legal advice, the union has written to its members – the very police who could gain power to access the records – warning them that investigators of police misconduct would have access without warrants.

The union also openly discussed “the advantages this type of access may have” for police investigating other crimes.

Access to My Health Record will not be limited to police, as the list of enforcement bodies who may access records includes the immigration department, anti-corruption commissions, financial regulators and any other agencies that impose fines or are tasked with the “protection of the public revenue”.

Hunt and the Australian Digital Health Agency have repeatedly said that “no documents will be released without a court order” but the claim has been contradicted by the parliamentary library and now the Queensland Police Union.

The revelation that access can occur without a court order has added to a growing backlash, with the Australian Medical Association calling for further safeguards and Labor, the Greens and minor parties calling for changes to legislation.

Under section 70 of the My Health Records Act 2012, the ADHA can disclose health information when it “reasonably believes” it is necessary to investigate or prosecute a crime, to counter “seriously improper conduct” or to “protect the public revenue”.

The Queensland Police Union told Guardian Australia it has “legal advice that there is nothing in the legislation that requires any enforcement body to obtain a warrant to access My Health Record”.

The union has written to its members informing them that any investigation of a criminal offence or seriously improper conduct are “legitimate grounds for investigators to access your My Health Record”.



It said that investigators of police disciplinary matters and disciplinary bodies “will be able to access your My Health Record as a matter of course without warrant, without your knowledge or without even your permission or consent”.

The union suggested that investigators could access police members’ records for “a minor disciplinary matter” and, even if they are cleared, the records could lead to a “section 8.3 proceeding” on the grounds the officer is physically or mentally unfit.

“Ultimately the decision is yours. The QPU also fully appreciates the advantages this type of access may have for all police investigators as well.”

On Wednesday the AMA president, Tony Bartone, said he would meet with Hunt and do “whatever it takes” to ensure My Health Record is subject to the “same level” of protection as existing records, including the requirement that law enforcement agencies get a warrant.

As part of an agreement with the federal government that saw the Medicare rebate freeze lifted in 2017, the AMA agreed to “continue to encourage members to use the My Health Record, with a shared focus on data quality, clinical utility and building use of the system into daily practice”.

The ADHA has said that no government agencies have access to the My Health Record. “No documents have been released in the last six years and none will be released in the future without a court order/coronial or similar order,” it said in a statement.

The parliamentary library advice noted the legislation “does not mandate this and it does not appear that the ADHA’s operating policy is supported by any rule or regulation”.

“As legislation would normally take precedence over an agency’s operating policy, this means that unless the ADHA has deemed a request unreasonable, it cannot routinely require a law enforcement body to get a warrant, and its operating policy can be ignored or changed at any time.”

The advice suggested investigations by Centrelink, Medicare, or the Australian Tax Office could result in access of records.

A spokesman for Hunt told Guardian Australia the ADHA had been “clear and categorical – no documents have been released in more than six years and no documents will be released without a court order”.

“The AMA and the major health and consumer groups have been deeply involved in the design and roll out of My Health Record for many years,” he said.