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How can I get access to health information about me? 
- A guide for Victorians

Page contents: Do I have a right of access to health information about me? | Making a request | When should I expect to hear from the holder of the information and what will they say? | Will I be charged a fee? | How will access be given? | Can they refuse to give me access to the health information? | If I’m denied access on the grounds that giving me the information would pose a serious threat to my life or health, can I get a second opinion? | What if I believe that I haven’t been given proper or complete access to my health information?

The following information is about your rights under the Health Records Act.

Do I have a right of access to health information about me?

If the information is held by a PUBLIC sector organisation

Yes.  If personal health information about you is held by a Victorian Government department or public sector organisation (such as a public hospital), then you can seek access by making a Freedom of Information (FOI) request under the Freedom of Information Act 1982 (Vic).  Each Department and public sector organisation has an FOI Officer and you should contact that person for further information about making an FOI request.

If the information is held by a PRIVATE sector organisation

Yes.  From 1 July 2002, Section 25 and Health Privacy Principle 6 of the Health Records Act 2001 gives you a right of access to personal health information held about you by any organisation in the private sector in Victoria.

In addition you have a right as of 21 December 2001, under National Privacy Principle 6 of the Commonwealth Privacy Act 1988.   For more information about this right, contact the Federal Privacy Commissioner on 1300 363 992 (TTY: 1800 620 241) or visit the website at:  www.privacy.gov.au

Personal health information means health information which either identifies you specifically or from which it is reasonably likely your identity can be worked out.

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Making a request

How do I make the request?

The organisation’s privacy policy should set out the steps you must take to obtain access to your health information.  You are able to ask to see this policy if you wish.

You can make your request for access orally or in writing to the organisation or person that holds health information about you.  You should approach or write to the particular service provider, or the privacy officer or person responsible for information management in the organisation.

If you make an oral request, the organisation that holds the information may ask you to put your request in writing (which may be a form to complete), which you should then do. 

The organisation may ask for some proof of your identity when making your request.

What if I’m making the request on behalf of somebody else?

If you are seeking access on behalf of somebody else, because you are their authorised representative, or if you are the legal representative of a deceased person, then you must make your request in writing and provide evidence of your authority to act on another person’s behalf.

What do I put in my request?

In your request, you need to:

  • state your name and, if not already known to the organisation, your address;
  • identify the health information you are seeking access to in sufficient detail;
  • specify the form you want the access in.

What sort of access can I get?

This depends on whether you want access to information COLLECTED AFTER 1 July 2002 (‘new’ information) or to information COLLECTED BEFORE the start of the Act on 1 July 2002 (‘old’ information).

‘New’ information

If the information you’re seeking access to was collected by the organisation after 1 July 2002, then the organisation must give you access in one of the following ways:

  • inspecting the information; and/or
  • getting a copy; and/or
  • viewing the information, accompanied by an explanation by a health service provider.

The organisation might ask you whether you would prefer to receive an accurate summary of the information, instead of a copy.

It’s your choice

‘Old’ information

If the information you’re seeking access to was collected by the organisation before 1 July 2002, then the organisation has a choice.

If it doesn’t wish to allow you to inspect the information, or provide a copy or an explanation, it may provide you with an accurate summary of the information instead.

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When should I expect to hear from the holder of the information and what will they say?

The organisation must respond to your request as soon as is practicable, and no later than 45 days from the date it received your request. 

The organisation will then either:

  • give you access; or
  • tell you in writing what fee you will be charged and then give you access within 7 days of you paying the fee or within 45 days of receiving the request, whichever is later; or
  • tell you in writing that it has refused access to part or all of the health information and give you reasons why.  Access can only be refused for the reasons listed in Part 5 of the Act or in HPP6.1 (see below).

Will I be charged a fee?

Holders of health information don’t have to charge a fee for providing you with access to your health information but they are allowed to if they want to.  The fee will be based on the costs involved in checking the information and getting it ready for you.  The fees are limited by law.  Organisations cannot charge more than the maximum amount specified in the Health Records Regulations 2002  (Victorian Legislation and Parliamentary Documents website) Some types of access will cost more than others; eg getting an explanation from a health service provider will cost more than getting a copy of the documents, but sometimes getting an explanation will be important for you.

Maximum fee for granting an individual access to health information

Item No.

Manner of access under Part 5 of the Act

Maximum fee

1.

Inspecting health information or print out of health information stored in electronic form, with opportunity to take notes of contents

The total of the following amounts—

(a) $5 per quarter hour (or part of a quarter hour) in respect of supervision time of inspection; and

(b) the organisation's reasonable costs incurred in assessing and collating the health information, not exceeding $20; and

(c) if it is necessary to use equipment that is not in the organisation's possession to inspect the health information, the organisation's reasonable costs incurred in obtaining the equipment; and

(d) if the health information is contained in a document not stored at the organisation's usual place of business, $10.

2.

Viewing health information, with no explanation of contents

The total of the following amounts—

(a) $5 per quarter hour (or part of a quarter hour) in respect of supervision time of inspection; and

(b) the organisation's reasonable costs incurred in assessing and collating the health information, not exceeding $20; and

(c) if it is necessary to use equipment that is not in the organisation's possession to inspect the health information, the organisation's reasonable costs incurred in obtaining the equipment; and

(d) if the health information is contained in a document not stored at the organisation's usual place of business, $10.

Note: Section 32(4) of the Act provides that a person who gives an explanation of health information under section 29(1)(d) of the Act may charge a fee for the service that does not exceed the amount of the person's usual fee for a consultation of a comparable duration.

3.

Receiving a copy of health information

The total of the following amounts—

(a) if a copy is in the form of black and white A4 pages, 20 cents per page; and

(b) if a copy is in a form other than a black and white A4 page, the organisation's reasonable costs incurred in providing the copy; and

(c) the organisation's reasonable costs incurred in assessing and collating the health information, not exceeding $20; and

(d) if the health information is contained in a document not stored at the organisation's usual place of business, $10.

Item No.

Manner of access under Part 5 of the Act

Maximum fee

4.

Receiving an accurate summary of health information

The total of the following amounts—

(a) if the organisation is a health service provider and an accurate summary does not exist before the request is made, an amount (not exceeding $80) that is calculated by reference to the time taken to prepare the accurate summary—

(i) based on the usual fee of the health service provider for a consultation of a comparable duration; or

(ii) at the rate of $25 per quarter hour (or part of a quarter hour)--

whichever is the greater; and

(b) if the organisation is not a health service provider and an accurate summary does not exist before the request is made, the organisation's reasonable costs incurred calculated by reference to the time taken to prepare the accurate summary, not exceeding—

(i) $25 per quarter hour (or part of a quarter hour); or

(ii) $80--

whichever is the lesser; and

(c) if the health information is contained in a document not stored at the organisation's usual place of business, $10.

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Maximum fee for making health information available to another health service provider

Item No.

Manner of access under Part 5 of the Act

Maximum fee

1.

Provision by a health service provider of a copy of health information to another health service provider

(a) If the copy consists of at least 20 black and white A4 pages, 20 cents per page.

(b) If the copy is in a form other than a black and white A4 page, the health service provider's reasonable costs incurred in providing the copy.

2.

Provision by a health service provider of an accurate summary of health information to another health service provider

If--

(a) an accurate summary does not exist before the request is made; and

(b) it takes the health service provider at least 30 minutes to prepare an accurate summary--

an amount (not exceeding $80) that is calculated by reference to the time taken to prepare the accurate summary at the rate of $25 per quarter hour (or part of a quarter hour) or based on the usual fee of the health service provider for a consultation of a comparable duration, whichever is the greater.

 

How will access be given?

If you have requested access to the information by means of inspection of the information, then the organisation must give you access EITHER:

  • by making the information available to you for inspection immediately OR
  • by giving you a written notice stating the date, time and place in Victoria when it will be available for inspection by you.

If you have requested access in the form of a copy of the information, then a copy must be provided to you, or, if you agree, a summary of the health information.

If you have requested access in the form of viewing the information, accompanied by an explanation by a health service provider, then the organisation must give you access EITHER

  • by providing the information for viewing and explaining its content immediately; OR
  • if the organisation is a health service provider, by giving you a written notice stating the date, time and place in Victoria when the organisation will be available to provide the explanation to you; OR
  • if the organisation is NOT a health service provider, it may agree to allow a provider to give you an explanation.  It does not have to. If it does agree to do so, it will give you a written notice stating the name and address of a suitable health service provider who will be available to explain the health information.  You should then contact that person to arrange the time for this to occur.

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Can they refuse to give me access to the health information?

In some cases.  If an organisation does deny you access, it must provide reasons for doing so.  HPP6.1 lists those situations where the holder of health information is allowed by law to refuse to give you access to health information. 

These are because:

(1) providing access would, in their opinion:

  • have an unreasonable impact on the privacy of other people; or
  • reveal the intentions of the organisation in relation to negotiations, other than about the provision of a health service, with you in such a way as to expose the organisation unreasonably to disadvantage; or
  • be unlawful; or
  • be likely to prejudice an investigation of possible unlawful activity; or
  • be likely to prejudice a law enforcement function by or on behalf of a law enforcement agency;

OR

(2)  the information:

  • relates to existing legal proceedings between you and the organisation and the information would not be accessible by the process of discovery in those proceedings or is subject to legal professional privilege;

OR

(3)

  • denying access is required or authorised by or under law; or
  • a law enforcement agency performing a lawful security function asks the organisation not to provide access to the information on the basis that providing access would be likely to cause damage to the security of Australia;

OR

(4)  

  • you’ve already unsuccessfully made a request for the information at least once before and there are no reasonable grounds for making the request again; or
  • you’ve already been provided with access to the health information and you are making an unreasonable, repeated request for access to the same information in the same way.

           In addition, the law requires that the holder of health information about you MUST NOT give you access when:

the holder believes on reasonable grounds that giving access would pose a serious threat to your life or health or the life or health of any other person (section 26); and

  the health information has been provided in confidence by a person other than you or another health service provider (such as a relative or friend) on the understanding that the information would not be revealed to you (section 27).

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If I’m denied access on the grounds that giving me the information would pose a serious threat to my life or health, can I get a second opinion?

Yes, you can.  First of all, the holder of the health information might offer to discuss the information with you, or get a health service provider to discuss it with you. 

But if the organisation doesn’t offer to discuss it with you, or you don’t want to discuss it with them, or you’re unhappy with the outcome of the discussion, the organisation must tell you that you can ask for a ‘second opinion’, by nominating another health service provider of your own choice to review the decision to deny you access.  In most cases, the organisation will accept your nomination, but if they don’t, you may need to choose another one.  That person then looks at the information, discusses it with the organisation, and makes a decision about whether or not it would pose a threat to your life or health.

What if I believe that I haven’t been given proper or complete access to my health information?

You can complain to the Health Services Commissioner on (03) 8601 5200 or toll free 1800 136 066.  The Office of the Health Services Commissioner is an independent statutory authority established to provide an accessible complaint mechanism for users of health services to resolve any differences they may have with health service providers or problems with accessing their health information or with the way their health information has been managed by an organisation.

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Last updated: 27 April, 2007
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