Access to Health Information
The Health Records Act 2001 gives people a legally enforceable right to access health information held about them in Victoria. A medical practitioner is likely to indicate to an employee that he or she can have access to his or her assessment report.
Section 27 of the Health Records Act 2001.
When providing information to a medical practitioner engaged to provide an independent medical assessment, principals/managers need to be aware of the following requirements:
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Referral letters
A referral letter held by a medical practitioner becomes part of the person's health record. However, when a principal/manager sends a referral letter to an approved medical practitioner, there is no access to this letter if it carries a request that "this information is provided in confidence and is not to be made available to the person the information is about." -
Telephone conversations about a referral
If a telephone call is made to the medical practitioner to discuss an appointment, the principal/manager should state, "this information is to be kept in confidence" and the medical practitioner should be asked to make a note of this request. -
Request for access to medical assessments
If a request for access to a doctor's assessment is made either by the individual or a representative of the individual, such as a legal or union representative, and they are seeking access under the Health Records Act 2001, they should be referred to the medical practitioner who conducted the medical assessment, who may prepare a report and charge a suitable fee for this. - An individual's right to seek access to information about them held at the school, or by the Department, continues to be under the Freedom of Information Act 1982.
Comprehensive information concerning privacy provisions in the Department is available at DEECD Information Privacy Policy
Other Resources
Legislation
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