Whose file is it?
Whether or not you have a Board hearing, if you are being treated by public mental health services and you would like to see your file or parts of you file, you can request the information through freedom of information laws.
You can ask to look at your file or to have photocopies of it.
Some of the information may be withheld in certain circumstances, but you have the right to challenge this. If you know where the file is kept you should contact the freedom of information officer at the hospital or clinic.
If you do not know where the file is kept and your local clinic or hospital can't help you, contact: -
The Manager
Freedom of Information Unit
Department of Human Services
GPO Box 4057
Melbourne 3001
Phone: (03) 9616 7179
You can ask to have details in your file amended if they are incomplete, inaccurate, out of date or misleading. You can appeal against a decision not to give you access to some of the information or not to amend your personal records. Time limits apply to appeals and you should contact a lawyer.
The decision on whether to give you access to the information must be made within 45 days of the request reaching the department or agency. There may be a charge involved, but fees may be waived or reduced if you are on a low income, so provide a copy of you pension or healthcare card with your Freedom Of Information request.
Access to Private Health System and Other Records
New laws in 2002 mean that you now have an enforceable right to access private health records and records not about health held by almost any organisation or service provider. This includes: -
- records held by any private health service provider such as a GP, private psychiatrist, private hospital, psychologist or counsellor, and
- records held by any psychiatric disability support service such as an employment, recreation or housing support service.
These laws also give you the right to correct records which are wrong. If it is information about a health or disability service, the Health Services Commissioner or Federal Privacy Commissioner could help you to get access.
The Federal or Victorian Privacy Commissioners (see the Links page) may be able to help you access records other than health records.
The laws are complex and time limits may apply. You should see a lawyer to help you work out the best course of action.
* Some information on this page has come from the booklet "Patients' Rights - A Self-Help Guide To The Victorian Mental Health Act" produced by the Mental Health Legal Centre.
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