Under the The right of any person to access documents held by government agencies, except documents excluded by legislation. A written law made by parliament. Also called an ‘Act of parliament’, ‘statute’ or legislation. 1982 (Vic), people who have been treated in public hospitals in Victoria can gain access to their health records.
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 ‘Health Records Act’ in Chapter 12.4: Privacy and your rights.
A person may complain to the Victorian Health Complaints 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.
Note that access may be refused in some circumstances under the Freedom of Information Act 1982 (Vic), the HR Act and the Privacy Act.