Access to Information
- Access to your Personal Health Information
- Accuracy of Personal Health Information
- Access to Non-Personal Information held by SWAHS
- Making a Freedom of Information Application
Access to your Personal and Health Information
You are entitled to request access (subject to some limited exceptions) to all personal information including your own health records. For further information refer to the SWAHS Privacy Information for patients/clients leaflet.
Normally you will be asked to apply for access in writing and to provide identification. If you request copies of your personal information or health record you will be charged a fee.
You are also entitled to view your health record, and this can be organised by contacting the relevant facility. A health care provider or health information manager must be present for this viewing.
Access to your personal health information may be declined in special circumstances, such as where giving you access would put you or another person at risk of harm. Or if parts of your record contains information which, by law, cannot be given to you, such as information about another person.
Note that SWAHS relies on access provisions in privacy law for patient access to personal health information, rather than using the Freedom of Information Act 1989. That is, you (or your authorised representative) do not need to make an application under the Freedom of Information Act for access to your personal information, including your health records.
To apply to view or obtain copies of your personal health information, the SWAHS Application for Health Care Records form should be completed and forwarded to the relevant SWAHS facility you attended.
Accuracy of Personal Health Information
You are entitled to have your personal information, including your health record, amended to correct inaccuracies. If you believe the information we hold about you is incorrect, please let your health care provider or the relevant facility Health Information and Record Service know. Appropriate action will be taken and you will be informed of the outcome. This action may include correction of the error or addition of a notation to your health record.
To assist us in maintaining accurate records it would be appreciated if you advise your health care provider, relevant administrative staff or the relevant facility Health Information and Record Service if, for example, you change your name, address, contact details, or general practitioner details.
Access to Non-Personal Information held by SWAHS
It is possible for you to access non-personal information not readily available to the public by making an application under the Freedom of Information Act 1989 (NSW) (FOI Act).
Note that SWAHS makes a lot of information publicly available, for example, in the Annual Report and on the Internet. You should check what is readily available before utilising the FOI Act.
Making an Freedom of Information Application
What is Freedom of Information?
In NSW, the Freedom of Information Act 1989 (FOI Act) gives the public a legally enforceable right to
- Obtain access to information held by NSW government agencies. It is important to note that the FOI Act does not guarantee access to all information. It is subject to certain exemptions.
- Request amendment to records of a personal nature that are inaccurate
- Appeal against a decision not to grant access to information or to amend personal records.
The FOI Act helps to ensure that NSW government agencies and other public bodies operate in an open, transparent and accountable manner. At the same time, the FOI Act places limits on applicants’ rights to make FOI applications and to access certain documents, data or information. For example, a NSW Government agency has the right to refuse an application if documents are publicly available or if the request would be an unreasonable diversion of its resources.
The FOI Act also requires NSW government agencies to publish regular information about its operation. Refer to the Sydney West Area Health Service Annual Reports.
The mechanism for accessing documents under the FOI Act is additional to other arrangements that SWAHS has in place for the provision of information to the public. For example, SWAHS provides other avenues/administrative processes for access to personal information rather than using the Freedom of Information Act.
The FOI Act contains provisions for public health services to refuse access to some documents. For example, SWAHS may refuse access if the document sought is exempt under the legislation or if your request would unreasonably divert the agency's resources from it's normal functions. Sections 22, 25, 26 and Schedule 1 of the FOI Act detail the situations where SWAHS could refuse access or defer access to documents.
The FOI Act also sets some time periods for SWAHS to make decisions about granting access to information. Generally applications must be determined within 21 days unless third party consultation is required.
What do I need to know?
You will need to make a formal application to Sydney West Area Health Service
Note that there are fees and charges associated with making an application under the FOI Act. The application fee is $30.00 and you may apply to have these fees and charges reduced by 50% in cases of hardship. Processing charges may also apply.
If you are making an application about your personal affairs/information the processing charge will only apply after the first 20 hours of work.
If you are making an FOI application about non-personal matters the processing charges will start from commencement of processing the application.
If there will be considerable additional costs incurred with your FOI application, you will be advised of the estimated costs before the work starts.
SWAHS may ask for an advance deposit from you if the cost estimates for work to be undertaken is for a sum exceeding the application fee. If you do not pay this deposit SWAHS will not proceed with the request.
If you have requested access to documents that directly relate to a third party, SWAHS may consult that person about release of the information.
Once a SWAHS officer has made a decision on your application for access you will get a letter from us – known as a determination. This will tell you the outcome of your request. If access is refused, this letter will include the reasons why.
How do I make an FOI Application?
There are two main requirements in making an FOI application:
- The application must be in writing
- It must include an application fee, as indicated above
Sydney West Area Health Service has a FOI Application Form available to assist applicants. Note that applicants are not required to complete this specific application form, however use of this form is recommended.
A completed FOI application form or a letter detailing your request should be forwarded to the SWAHS Freedom of Information Coordinator at the address shown on the form.
Ensure you identify the information or document/s you would like to see and enclose the application fee. Please provide as much information as possible about the document/s you wish to access to enable them to be identified and efficiently located.
How do I request a review of my FOI application?
If you are unhappy with a decision made by SWAHS on your FOI request, or, if no decision has been made, you are entitled to ask for an internal review by SWAHS within 28 days of being advised of the determination or 49 days from applying where no decision has been made.
You may do this if
- You have been refused access to a document;
- You have been refused access to part of a document;
- You have been refused a request for amend a personal document;
- You believe you have been charged too much;
- You have been given access to a document but access has been deferred;
- You are a third party specified in the documents but you have not been consulted about giving access to another person; or
- You have been consulted, but disagree with a decision to release the documents.
An application for an internal review will cost you a further $40 (or you can apply for a 50% reduction based on financial hardship or public interest reasons) and should be made using the SWAHS FOI Internal Review form or in a letter. The review will be undertaken by a SWAHS officer more senior to the officer making the original decision.
You will be advised on the outcome of your review within 14 days and if the outcome of the review is for access to be refused you will be given written reasons.
If, after an internal review is completed, you are still dissatisfied with the outcome you can:
- Lodge an appeal with the Administrative Decisions Tribunal (ADT). Applications must be made within 60 days of being advised of the review decision by SWAHS. You can find more information about this option at http://www.lawlink.nsw.gov.au/lawlink/adt/ll_adt.nsf/pages/adt_index; or
- Request an investigation by the NSW Ombudsman. You can find more information about this option at www.nswombudsman.nsw.gov.au or phone 02 9286 1000.
It is important to remember that before you lodge an appeal with the ADT or complain to the Ombudsman, you must first go through the process of an internal review as outlined above.
Where can I find out more about FOI matters?
For detailed information about FOI, refer to the following resource documents:
- Freedom of Information Act 1989 (NSW)
- Premier’s Department FOI Manual 2007
In addition the NSW Department of Premier and Cabinet has guidelines for using FOI in NSW at http://www.dpc.nsw.gov.au/about_the_department/freedom_of_information/guidelines_for_using_foi_in_nsw
What if I have any questions?
If you have any enquiry regarding access to information under the FOI Act, please contact:
FOI Coordinator
Information Management Unit
Sydney West Area Health Service
PO Box 63
PENRITH NSW 2751
Phone: (02) 4734 3361 or (02) 4734 4184
