The Freedom of Information (FOI) Act 1982 gives you the right to access your information held in the Kyneton District Health (KDH) records.  You also have the right to ask for information which we hold about you to be changed or annotated if it is incomplete, out of date, incorrect or misleading.

Kyneton District Health can refuse access to some documents, or parts of documents that are exempt. Exempt documents may include those relating to national security, documents containing material obtained in confidence and Cabinet documents, or other matters set out in the FOI Act.

The Freedom of Information Manager at KDH is the Chief Executive Officer.

What is in the Medical Record?
The medical record includes health information collected during your inpatient, home care and urgent care centre attendances.  The information is used to assist in your ongoing care and treatment.  Such information includes details of current or past illnesses or injuries, operations performed, pathology results and medicatons that have been prescribed.

How long does KDH keep them for?
Inpatient records are kept for minimum of 15 years from the patient’s last date of attendance
Urgent Care Centre records are kep for a minimum of 7 years from the patient’s last date of attendance.
Records of a deceased patient are kept for 10 years from the date of death.
Birth records are kept for 25 years from the patient’s birth

At the end of their retention period, records are securely destroyed.

Obtaining Copies:
Applications must be in writing to the FOI Officer on the KDH Freedom of Information Request application form.  Your request to either view the record or obtain a copy must be clear.  Applications must be accompanied by the $28.90 prescribed fee which is non refundable.

Records will only be provided to another person if written authority from the patient is given, or if you can provide evidence you have been named as Power of Attorney by that person for all their affairs; have been appointed Legal Guardian; or are the direct Next of Kin in the case of a deceased person.

Records may also be made available in accordance with due legal process, eg. as evidence in a legal action before a court.

Download the  KDH Freedom of Information Request application form.

Costs:
It is a statutory requirement under Victorian legislation that a non refundable application fee be paid. These application fees are updated annually as from 1st July. The application fee may be waived if payment is likely to cause financial hardship. If this is the case, evidence of financial hardship such as a copy of a health care card or pensioner concession card must accompany the request.

In addition to the application fee, charges will also be incurred depending on the nature of the request. An invoice detailing the costs incurred will be issued. This must be paid in full prior to any information being released.

Time Limit:
Once the FOI application has been received, together with the application fee or evidence of financial hardship, KDH will respond in writing outlining the decision, as soon as practicable but no later than 45 days from the date the request was received. A decision in relation to a request to amend personal records will be made as soon as practicable and no later than 30 days from the date the request was received.

Freedom of Information Commissioner:
The Commissioner is an independent officer who reports directly to Parliament through a joint parliamentary committee, the Accountability and Oversight Committee.

The Commissioner’s functions include:

  • Review of decisions of agencies in relation to first stage FOI requests. This replaced the internal review process conducted by agencies.
  • Handling complaints about the administration of the Act.
  • Monitoring agencies’ compliance with any professional standards set by the Minister.
  • Reporting to Parliament on the operation of the Act.
  • Providing advice, education and guidance to agencies and the public in relation to the Commissioner’s role and any professional standards set by the Minister.
  • Providing advice to the Minister in relation to the operation and administration of the Act, as requested by the Minister.

Legislative Compliance:
KDH produces a summary of the application and operation of the Freedom of Information Act 1982 in the annual report for public access.  We also submit data to Office of Victorian Information Commissioner which is used in their preparation of the FOI Annual Report and is made available on their website.

Freedom of Information Applications
Requests for access must be made in writing to:

The FOI Officer
Kyneton District Health
PO Box 34
Kyneton   Vic  3444

Download the KDH Freedom of Information Request application form.