What information is available
The Victorian Freedom of Information Act 1982 (Vic) (FOI Act) allows you to request access to an individual’s health information held by Monash Health. It is possible to obtain copies of this information or to view original documents.
Monash Health holds records for the following organisations:
- Monash Health – Monash Medical Centre Clayton
- Monash Health – Monash Children’s Hospital
- Monash Health – Moorabbin Hospital
- Monash Health – Dandenong Hospital
- Monash Health – Casey Hospital
- Monash Health – Kingston Centre
- Prince Henry’s Hospital
- Mordialloc & Cheltenham Community
- Hampton Rehabilitation Hospital
- Heatherton Hospital
- Queen Victoria Hospital
Please click here for access to a copy of the Freedom of Information Part II Statements which outline the functions, processes, and types of documents held by Monash Health that are publicly available or available for access under the FOI Ac
How to apply
Applications must be made in writing and include sufficient detail to identify the correct medical record. The application form can be downloaded at the bottom of this page.
Completed application forms can be emailed to firstname.lastname@example.org or posted to:
Freedom of Information Unit
Monash Medical Centre
Locked Bag 29
Clayton South VIC 3169
- Photo identification MUST be sent with all applications to access medical records (e.g. a photocopy of a driver’s license or passport)
- A request for a medical record relating to a person other than the applicant must include written authorisation from the patient or evidence that you are the legal representative of the patient (e.g. Power of Attorney – Medical, Guardianship Order, etc.)
If the patient is deceased, the senior next of kin must sign the authorisation and provide evidence of this (e.g. a copy of the death certificate)
- If the patient is a child, and a Family Court Order is in place, a copy of the order should be provided. Please note, children aged 16 and over must sign an authorisation allowing the applicant to access their medical record.
Fees & charges
The FOI Act sets out the following fees and charges for providing access to records.
Application Fee $29.60 effective from 1 July 2019 (non-refundable and must accompany the written request)
You will be advised of any additional fees when your request has been processed. These fees must be paid before the information is released. If you do not wish to proceed, you must notify us for the invoice to be withdrawn.
Additional fees that may apply:
- USB $30.00
- Photocopying 20 cents per page copied
- Search Fee (if applicable) $22.20 per hour or part thereof
- Viewing record (if applicable) $5.55 per quarter hour or part thereof (under supervision)
- Radiology Images (on CD) $10.00
- Registered Post $11.50
All cheques should be made payable to Monash Health.
Please allow approximately two weeks for processing of documents after the full fee is paid.
If you are the holder of a current Health Care Card or Pension Card, the application fee will be waived
(access charges are as above).
In this circumstance, please send a copy of the entitlement card (front and back) for waiver of the fee..
What happens next
In accordance with the FOI Act, we have 30 days to make a decision in writing about your request. The 30 day period starts when we have received your written application, application fee (or your photocopied Pension or Health Care Card) and appropriate authority is received.
Your review rights
Please note, a patient’s medical record is the property of Monash Health and is therefore subject to Freedom of Information legislation. There are several sections of the FOI Act under which a person’s privacy must be protected. As a result, we may be obliged to exempt certain sections of a medical record from release.
Two of the most relevant sections of the FOI Act are:
- Section 35(1)(b) which in short, states that we are obliged to keep information given in confidence to this hospital by third parties (i.e. relatives, friends, outside clinicians, etc.) CONFIDENTIAL, unless such parties are willing to agree to disclosure.
- Section 33(1) which in short, requires us to respect the confidentiality of information relating to a patient or other’s PERSONAL AFFAIRS, (even after death) unless the patient or their next of kin, are willing to allow disclosure.
There are several other exemption provisions under which information may not be released.
You will be advised in writing if any such provisions are relevant to your application and of your right to appeal such decisions.
If Monash Health has made a decision to exempt part(s) of the medical record, applicants have the right to have this decision reviewed by the Office of the Victorian Information Commissioner.
You may apply to the Information Commissioner for review within 28 days after the day on which you receive our notification.
Need more information
To access the FOI application form please download the document below.
If you have any further enquiries, please call the Freedom of Information Unit on 9594 2123.
For a more detailed understanding of the FOI Act please visit the Office of the Victorian Information Commissioner website at www.foi.vic.gov.au/home/foi