Freedom of Information and you
This document outlines:
Your rights to access certain information held by the RMH
How to submit an application under Freedom of Information legislation
The RMH’s legislative requirements for record keeping
What is Freedom of Information
How much will it cost me?
(FOI)?
The cost involved will vary according to each
The
Freedom of Information Act 1982 (Vic)
request. Current fee information is listed on the
(
the Act) gives you the right to access certain
RMH website, and also available directly from
information, relating to you, that is held by the
the Office of the Victorian Information
Royal Melbourne Hospital
(
the RMH). The Act
Commissioner (OVIC). Charges are updated
also allows you to request that your records
annually and may include the following:
be annotated or amended.
Application fee (non-refundable)
Search fee (if applicable)
What information does the RMH have
Photocopy fee
about me?
Media fee
Your medical record at the RMH includes
Postage
information collected during your inpatient,
outpatient, or emergency attendances. The
We may waive or reduce the application fee in
information is used to assist in your ongoing
some instances (eg financial hardship, Health
care and treatment. Information held includes,
Care Card and Pension Card holders).
but is not limited to, demographics, medical
Larger requests may require a 50% deposit.
history, surgical information, investigation
results and medication history.
How long will I have to wait?
We have 30 days to inform you of our decision
How do I obtain a copy of my information?
about your request. During that time, you may
Applications under FOI must be made in
receive an invoice for any applicable charges.
writing and directed to the RMH FOI
The charges must be paid in full before we
department. An application form is available
send you any documents.
on the
RMH website on the FOI page, or can
If a deposit is required, the 30 days restarts
be posted out or emailed to you on request.
upon receipt of payment.
Your application must clearly identify the
We are required to review all information for
information you are seeking. Any application
exempt information prior to its release as well
must be accompanied by both proof of identity
as consult with third parties. As such, there
and the relevant application fee (except where
may be circumstances where we need to
it has been waived).
communicate with you to extend the 30 day
period.
Freedom of Information and you | PBA06.01 | Legal Counsel, Manager Medico-Legal Services | June 2023
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What if I don’t agree with an RMH
Information retention
decision?
If you don’t agree with a decision we have
Where is my information stored?
made (eg redactions applied, denial of a
Your information may be stored in many ways
request), you may apply to OVIC for an
including paper, x-rays, computer systems, film
independent review of the decision.
and tapes. Since 2015, the RMH has
Applications for review must be made within
transitioned to an electronic medical record.
28 days of receiving our decision.
Most records after this date will exist only in
electronic form. Older paper files are currently
Further information on the review process can
kept in secure storage offsite.
be obtained directly from
OVIC.
The RMH holds information for patients treated
Can I obtain someone else’s records under
at the RMH, including the Parkville and Royal
FOI?
Park campuses, Inner West Area Mental
Health Service and Orygen Specialist Program.
You may be able to obtain another person’s
information if:
How long does the RMH keep my
You have their written authority to do so
information?
You can provide evidence that you have
As a public hospital, the RMH is required to
sufficient authority to act on behalf of the
comply with the information retention standards
other person, or sufficient authority to
set out by the Public Records Office Victoria.
request the information of a deceased
Most major categories of document will be
person
retained for a minimum of 12-15 years, though
this can be quite varied.
Can records be released outside of FOI?
For further information on patient information
Release of records may occur in accordance
retention please see
Public Record Office
with due legal process (eg in response to a
Standard 11/06.
search warrant, a subpoena or summons, or a
request from the Coroner’s Court).
Records may also be released to other
healthcare services for continuing patient
care.
Contact
Further Information
FOI Department
OVIC - ovic.vic.gov.au
Phone: 03 9342 7224
FOI Act - legislation.vic.gov.au
Email: xxxxxxxxxx@xx.xxx.xx
PROV – prov.vic.gov.au
The information contained in this brochure is for educational purposes only and is not intended as a substitute for consultation with a doctor or health care professional.
Freedom of Information and you | PBA06.01 | Legal Counsel, Manager Medico-Legal Services | June 2023
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