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). The right of access is not absolute. Access to information may, or must, be refused in some circumstances (e.g. where disclosure would have an unreasonable effect on the privacy of third parties).
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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).
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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 records.
Access to medical records
Chapter: 9.1: Health and the law
Contributor: Chris Chosich, Senior Associate, Health Legal
Current as of: 1 September 2024
Law Handbook Page: 782
Next Section: Privacy and confidentiality
