"Individuals seeking access to their own health records is the most common request for information made under the Freedom of Information Act 1982 (Vic) (FOI Act). However, the FOI Act is not the only way in which individuals can access health records held by Victorian public sector agencies. Mechanisms for informal release exist under both the Health Services Act 1988 (Vic) (Health Services Act), and Health Records Act 2001 (Vic) (Health Records Act).

Victorian public sector agencies (agencies) holding health records include public hospitals, denominational hospitals, region based health services, local councils, and departments. Often the most efficient method for releasing an individual’s health records will be to do so informally, under the provisions of either the Health Services Act or Health Records Act. Noting this, it is appropriate and sometimes necessary to process requests for health records under the FOI Act.

This practice note details the circumstances in which agencies are permitted to informally release health records under the Health Services Act or Health Records Act, as well as some practical considerations. It also details how to maximise disclosure and efficiencies when releasing health records under the FOI Act. References in this practice note to a request by an individual for their health records means a request by an individual for their health records, or by their representative or next of kin.

The full practice note can be accessed below or at the OVIC website.