Australian legislation provides patients with the right to request access to health information held by health service providers that pertain to them. Patients or patients’ authorised representatives, such as a legal guardian, can request access to health information, which usually is made in writing. The information that is required includes patient’s name, address, specific health information, and mode of access (i.e. electronic or hard copy). According to the Office of the Australian Information Commissioner (OAIC), health service providers should respond to request for access to health information within a reasonable period, which is generally 30 days.
Health service providers may choose not to provide health information in some situations, such as if it may threaten someone’s life, health or safety, or intrude on someone’s privacy, or it is illegal. They could omit the part that is not directly related to the patient and provide the rest of the information. If it is not possible to give information directly to patients due to concerns for their health or safety, then a third party may be granted access. However, there are avenues for patients to complain about refusal of access to health information. It is worth bearing in mind that there may be a fee charged by health service providers to access health information, however it cannot be excessive. This fee may include staff searching for the relevant information and the cost of postage.
When patients go from one health service provider to another, the current health service provider may transfer the record to the new health service provider directly rather than giving it to patients. The length of time that a doctor is required to retain patient records varies in each state or territory. More information about accessing health information under relevant legislation can be found below.
ACT – Health Records (Privacy & Access) Act 1997 https://www.health.act.gov.au/about-our-health-system/accessing-your-medical-records
New South Wales – Government Information Public Access Act https://www.health.nsw.gov.au/gipaa/Pages/default.aspx
Northern Territory – Information Act 2002 https://health.nt.gov.au/freedom-of-information
Queensland – Information Privacy Act 2009 https://www.health.qld.gov.au/cq/about/accessing-information/accessing-your-health-records
South Australia – Freedom of Information Act 1991 https://www.sahealth.sa.gov.au/wps/wcm/connect/public+content/sa+health+internet/about+us/accessing+information/freedom+of+information
Tasmania – Personal Information Protection Act 2004 https://www.health.tas.gov.au/about_the_department/your_rights/accessing_personal_information
Victoria – Health Records Act 2001 https://www2.health.vic.gov.au/about/legislation/health-records-act
Western Australia – Freedom of Information Act 1992 https://www.healthywa.health.wa.gov.au/Articles/A_E/Access-my-WA-Health-medical-records
My Health Record is an online summary of health information. It can be viewed online, and usually contains important health information, including medications, allergies, medical conditions, pathology results, and immunisation history. Patients can choose to share health information with their healthcare providers, for example, adding an advance care plan, reviewing health information, and choosing certain information to be uploaded to the record. Between 16 July 2018 and 31 January 2019, Australians had the option of opting out of My Health Record if they did not want one, however records have now been created for those that did not opt out.
Healthcare providers can not only see patients’ My Health Record when they need to, especially in an emergency, but also add clinical documents to the record. This may range from share health summary to hospital discharge summaries to referral letters. Older medial history such as radiology reports may not be automatically uploaded to My Health Record, which is why it is good to talk to your GP about uploading a shared health summary to your My Health Record