You have the right to apply for access to information held in your health records under the Administrative Access Scheme. To apply for access complete the administrative access form or contact an information access officer.
When seeking access to your health information, you will need to provide evidence of your identity, such as:
- copy of a certificate or extract from a register of births
- drivers licence or 18+ card
- a statutory declaration from an individual who has known the person for at least one year, or
- if the person is a prisoner within the meaning of the Corrective Services Act 2006, a copy of the person’s identity card from the Department administering that Act that is certified by a corrective services officer within the meaning of that Act.
Alternatively, a copy of one of the above mentioned documents (apart from a prisoner identity card), where the copy has been certified as a ‘true copy’ by a qualified witness (that is, a lawyer or notary public, a Commissioner for Declarations or a Justice of the Peace, or correctional officer in the case of a prisoner identity card) will be accepted, as long as the original certified copy is provided.
Specific details on the requirements for evidence of identity, as well as evidence of authorisation where an application is made by an agent on an applicant’s behalf can be found on the Access to Health Records Information Sheet.
If you don’t have any of the listed documents, talk to an information access officer about other accepted evidence of identity documents.
If your application cannot be processed under administrative access, it will generally be referred for processing under the Information Privacy Act 2009 (Qld).
View our brochure on how to access your health record and personal information.
Decision making timeframes
Administrative Access applications are generally processed within 20 business days. An application under the Information Privacy Act 2009 (Qld) must be processed within 25 business days, unless a further specified period has been agreed to by the Applicant. Extensions to the processing time can be applied if the applicant agrees and if it is requested prior to the original processing deadline.
Right of review
If you are dissatisfied with a decision we have made under either the Right to Information Act or the Information Privacy Act, you can apply to have that decision reviewed. An application for review must be made within 20 business days of the date of the letter communicating the decision. There are two options for review; an internal or an external review. An internal review will be conducted by another, not less senior, officer of the agency that made the access decision. An external review is conducted by the Office of the Information Commissioner.
Accessing other people’s health records
If you want to access someone else’s records (e.g. a relative’s), and you do not have or are unable to obtain their consent, you will need to make an application under the Right to Information Act 2009 (Qld).
You can request information by:
Where an Enduring Power of Attorney is in place and the patient lacks capacity, an application can be made under the Powers of Attorney Act, 1998(Qld). A solicitor or agent can act on behalf of another person, however the patient’s authority is required in this situation. Other requirements may include evidence of identity for the patient and agent. Some applications may incur an application fee as well as processing and access charges. Please contact an information access officer for information on applicable fees and charges.
For information on accessing records for deceased patients please contact an information access officer.
Documents of a non-personal nature released under the Right to Information Act 2009 will be progressively published through our disclosure log.
Accessing a child’s health record
There are no charges for applying for access to child’s record under the Information Privacy Act however the decision-maker needs to satisfy themselves that the person applying is doing so for the child’s interests. The decision maker will need to know why the records is being requested and in order to determine if the release of the record is in the child’s best interests.
For further information on accessing records for children please contact an information access officer.
Amending information in your health record
If there is information in your health record that is incorrect or which you do not agree with, you can apply for it to be amended under the Information Privacy Act 2009. You will need to provide details of why the information may be inaccurate, incomplete, out of date or misleading. For more information please contact an information access officer.
Fees and charges
There is no application fee for access and processing of Administrative Access applications, however there may be processing charges for applications processed under the Information Privacy Act 2009 depending on the volume of information required.
Under the Right to Information Act 2009 and Information Privacy Act 2009, applications must be processed within 25 business days, unless a further specified period has been agreed to by the Applicant. Where the health service is required to consult with and obtain the views of a relevant third party, an additional 10 business days is added to the 25 business day processing timeframe. Extensions to the processing time can be applied if the applicant agrees and if it is requested prior to the original processing deadline.