Information Sheet Accessing my medical records - Office of the ...

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If you are unable to access your records through administrative access, you can make an access application to the Hospital and Health Service under the Information Privacy Act 2009 (Qld) (IP Act) or the Right to Information Act 2009 (Qld) (RTI Act). How do I apply for access to my medical records under the IP Act or RTI Act? Both the RTI Act and the IP Act allow people to apply for documents containing information. The IP Act creates a right for individuals to apply for their own personal information. The RTI Act creates a right for individuals to apply for all other information. In most instances, an application for access to your own medical records will be made under the IP Act. Your application under the IP Act must meet certain requirements before the Hospital and Health Service can begin processing it. This includes, for example, providing evidence of your identity – if you are providing a photocopy of your ID, then the copy will need to be certified by a Justice of the Peace (JP), Lawyer or Commissioner for Declarations (C.Dec). For assistance on how to make a valid application under the IP Act, please refer to the OIC Information Sheet: How to make an application under the IP Act - A guide for applicants. If, for some reason, your medical records contain documents that do not contain your personal information (for example, a hospital brochure or information about another family member) then you may be required to make your application under the RTI Act, rather than under the IP Act. The application process under the RTI Act is similar to applying for access to your medical records under the IP Act. However, there is an application fee 1 and processing and access charges may also apply. Because you are still seeking access to some of your medical records that contain your personal information, you will most likely still need to provide evidence of your identity when making your access application under the RTI Act. For assistance on how to make a valid application under the RTI Act, please refer to the OIC Information Sheet: How to make an application under the RTI Act - A guide for applicants. 1 See Guideline – Fees and Charges Right to Information and Privacy Guidelines 2
Will I get access to my medical records under the IP Act or RTI Act? Yes, in most cases you will get access to your own medical records by making a formal access application to the Hospital and Health Service that holds the records. However, in some circumstances, you may not get full access to your medical records. If this occurs, the Hospital and Health Service must provide you with reasons why they have refused access and outline your rights to seek a review of their decision. For further information about your review rights, please refer to the OIC Information Sheet: Explaining your review rights – a guide for applicants. In some cases, the Hospital and Health Service may decide to refuse to provide you with direct access to your medical records if they have formed the view that giving it to you directly would be contrary to your best interests because it might be harmful to your physical or mental health or wellbeing. For further information about this type of decision, please refer to the OIC Information Sheet: What to do if an agency decides access can only be given through a healthcare professional. Where can I find information about accessing my medical records held by a private healthcare professional or facility? Privately operated healthcare professionals and facilities (such as your local doctor, dentist or a private hospital) are not covered by the IP Act or the RTI Act. This means that you cannot apply to them for access to your medical records under the IP Act and RTI Act. However, they are covered by the Commonwealth Privacy Act 1988. The Office of the Australian Information Commissioner (OAIC) can provide further information about the Commonwealth Privacy Act 1988 and also how you can access any of your medical records that are held by a private healthcare professional or facility. The OAIC can be contacted on 1300 363 992. Alternatively, further information is available on their website at www.oiac.gov.au. For additional information and assistance please refer to the OIC’s information sheets and guidelines, or contact the Enquiries Service on 07 3234 7373 or email enquiries@oic.qld.gov.au. Right to Information and Privacy Guidelines 3
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Information Sheet Accessing my medical records - Office of the ...

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