Private

Legally, a private health practitioner’s files are her or his own property. A woman has no legal right to see or get copies unless they are subpoenaed by a court.

X-rays and test results are paid for by you so you have the right to request them. In private practice, you may have to use powers of persuasion to get the information you need. If you wish to have your X-rays and test results then discuss this issue at the outset of the relationship. Make it clear you want copies of records, specialists’ reports, etc. and explain why you think it is in your best interests to obtain copies of your records. For example, you may want to get a second opinion or you may plan to move interstate and would need to see another doctor. Your doctor has every right to refuse your request.

Public

The Freedom of Information Act (Vic. 1982; NSW 1989; ACT 1989) gives everybody the right to obtain any of their medical records held by public hospitals. A fee is usually levied for access and copies.

Access to your medical records varies in other Australian states so if you want access to them contact the hospital concerned. If this proves unsuccessful then contact the health department in your state to find out what your rights are.

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