Request for Medical Records
Dear Office of the Australian Information Commissioner,
1.
Are general practitioners legally obligated to share, upon request, a copy of medical records to the patient (to which they [medical records] are in regard to), including all progress notes, clinical notes, visit summaries, and all other information the general practitioner has created about, or received in regards to, the patient?
2.
Would it be unlawful for the general practitioner to unreasonably deny this request, given that it is deemed that no exceptions apply (e.g., the release of information would cause harm to the patient).
Yours faithfully,
Tarek
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Commissioner.
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Good afternoon Tarek,
Based on your questions below it appears that you are seeking information from the OAIC about obligations on general practitioners to share medical records.
The right to know website helps individuals make Freedom of Information requests for documents held by government agencies rather than obtaining general information. The OAIC has dedicated enquiries form for members of the public to seek information https://forms.business.gov.au/smartforms.... Could you please advise if you would like me to forward your request onto the enquiries team? Alternatively, you can submit the form using the link provided. As your query can be responded to by the enquiries team would you like to withdraw your FOI request. Could you please respond by cob on Friday 3 May 2024.
Regards,
Emily
Emily Elliott
Senior Lawyer
Office of the Australian Information Commissioner
Sydney | GPO Box 5288 Sydney NSW 2001
E [OAIC request email]
The OAIC acknowledges Traditional Custodians of Country across Australia and their continuing connection to land, waters and communities. We pay our respect to First Nations people, cultures and Elders past and present.
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Our reference: FOIREQ24/00247
Dear Tarek
Freedom of Information request
I refer to your request for access to documents made under the Freedom of
Information Act 1982 (Cth) (FOI Act).
Your FOI request was received by the Office of the Australian Information
Commissioner (OAIC) on Sunday 21 April 2024. This means that a decision on
your FOI request is currently due on Tuesday 21 May 2024. We will advise
you if this timeframe is otherwise extended.
Scope of your request
Your FOI request is made in the following terms:
Dear Office of the Australian Information Commissioner, 1.
Are general practitioners legally obligated to share, upon request, a copy
of medical records to the patient (to which they [medical records] are in
regard to), including all progress notes, clinical notes, visit summaries,
and all other information the general practitioner has created about, or
received in regards to, the patient?
2.
Would it be unlawful for the general practitioner to unreasonably deny
this request, given that it is deemed that no exceptions apply (e.g., the
release of information would cause harm to the patient).
In order to process your request as efficiently as possible, I will
exclude duplicates and early parts of email streams that are captured in
later email streams from the scope of this request, unless you advise me
otherwise.
Timeframes for dealing with your request
Section 15 of the FOI Act requires the OAIC to process your request no
later than 30 days after the day we receive it. However, section 15(6) of
the FOI Act allows us a further 30 days in situations where we need to
consult with third parties about certain information, such as business
documents or documents affecting their personal privacy.
We will not identify you as the FOI applicant during any consultation
process. However, documents that are within the scope of your request that
the OAIC may need to consult third parties about may contain your personal
information.
Disclosure Log
Documents released under the FOI Act may be published online on our
disclosure log, unless they contain personal or business information that
would be unreasonable to publish.
If you would like to discuss your FOI request, please contact us on my
contact details set out below.
Yours sincerely
[1][IMG] James Eaton (he/him)
Paralegal
Office of the Australian Information Commissioner
Sydney | GPO Box 5288 Sydney NSW 2001
E [2][OAIC request email]
The OAIC acknowledges Traditional Custodians of Country across
Australia and their continuing connection to land, waters and
communities. We pay our respect to First Nations people,
cultures and Elders past and present.
[3]Subscribe to Information Matters