AU · TGA

    Australia

    Device law, data privacy, and hosting tier for Australia, on one page.

    Device law

    Full section
    Therapeutic Goods Act 1989SaMD rules 2021AI guidance, Feb 2026

    The strictest line of the six, so it effectively sets the bar for the whole product. Regulation is triggered by the manufacturer's intended purpose, assessed objectively from how the product is designed, described, marketed and used. The February 2026 AI guidance explicitly names chatbots that use large language models to apply clinical triage protocols as in-scope. The clinical decision support carve-out is narrow and oriented to clinician-facing tools, not patient-facing symptom interpretation.

    Stays out

    Education, intake, qualification, booking, follow-up, and routing by stated interest. The agent never reasons clinically on the patient path.

    Crosses in

    Any symptom interpretation or urgency call. Full sponsor and manufacturer obligations, ARTG inclusion, likely Class IIa or higher.

    For us

    Treat the amber row as red-leaning here. Do not let the agent free-reason on symptoms at all. Lock per-agent Intended Purpose statements before any Australian deployment advances.

    Data privacy

    Full section
    Privacy Act 1988 + 13 APPsPrivacy and Other Legislation Amendment Act 2024

    Health information is sensitive information, which raises the bar to collect and use it. APP 11 governs security, and APP 8 governs cross-border disclosure: send identifiable patient data to an overseas recipient and the entity remains accountable for how that recipient handles it, unless the patient consents or the destination is whitelisted. The 2024 reforms added a statutory tort for serious invasions of privacy, in force from June 2025, and automated-decision-making transparency obligations landing by December 2026. Australia has no EU adequacy decision, and a country-whitelist mechanism is still under development.

    For us

    APP 8 is the single strongest data-residency argument we have. Routing identifiable patient data to a US model API is a cross-border disclosure. Keeping inference onshore in australia-southeast1 sidesteps APP 8 entirely. This drives the hosting decision.

    Hosting tier

    Full section
    Tier 2

    Accountability or transfer-gated. Australia, EU, UK

    External APIs are usable only if data stays in-region through a regional endpoint, or is covered by a transfer mechanism (SCCs, the UK IDTA) plus consent. The cleanest path is in-region managed inference, Vertex in australia-southeast1 for Australia, an EU region for the EU and UK, or self-hosting. Australia's APP 8 specifically rewards keeping data onshore.