Access to medical records
Access to medical records
Patients have rights to access information held by health service providers. The way to access this information depends on whether the health service provider is a public one (e.g. a public hospital) or a private one (e.g. a private hospital, a general practitioner). Note that access to information may, or must, be refused in some circumstances.
Public health service providers
Under the Freedom of Information Act 1982 (Vic) (‘FOI Act’), people who have been treated in public hospitals in Victoria can gain access to their health records.
If a public hospital refuses access to a patient’s medical record under the FOI Act, the patient may seek review with the Office of the Victorian Information Commissioner (see ‘Contacts’ at the end of this chapter).
Private health service providers
Individuals treated in private hospitals, by private doctors or other private health professionals, have the right to gain access to their health records under the Health Records Act 2001 (Vic) (‘HR Act’), and under the Privacy Act 1988 (Cth) (‘Privacy Act’). For more information, see Chapter 12.2: Privacy and your rights.
A person may complain to the Victorian Health Complaints Commissioner or the Office of the Australian Information Commissioner (see ‘Contacts’ at the end of this chapter) if a private hospital, health professional, or any private sector organisation holding health information, refuses to provide a person with access to their own records.
