The My Health Records Act 2012 (Cth)—Australia’s eHealth legislation—was amended in late 2015 to shift the duty of representative decision-makers from a ‘best interests’ test to a duty to give effect to ‘the wills and preferences’ of the individual. The Explanatory Memorandum to the amending legislation stated that this change ‘realises the principle that people with disability have an equal right to make decisions and to have those decisions respected’ and is consistent with recommendations of the ALRC in Report 124.