Accessing your health information

If you’re applying for access as the patient’s authorised representative, for example a family member, you must complete a Consent to Release Health Information form (PDF 651.19KB). 

If you are a patient’s legal representative and require access to their health record or health information please provide Justice Health NSW with the following: 

1. A valid, written consent dated within the last 3 months. You may either complete the Consent to Release Health Information form (PDF 651.19KB) or use a consent form from your own organisation. 
2. Complete a written request letter including the patient details and the health information provided. An email will be acceptable on the basis that your organisation can be reasonably identified from the email. 
3. An initial processing fee of $33 paid via EFT. 

Our EFT details are: 

BSB - 032 159 
Account number: 271 765 
Reference: Health Records request for (insert client’s name and MIN number) 

Applicants are encouraged to access health Information under the Health Records and Information Privacy Act (HRIPA). 

If you need to subpoena a health record from Justice Health NSW, please send the subpoena directly to the Health Information and Records Service.

Please forward your application for access to a health record or health information to: 

Email:JHFMHN-MedicoLegal@health.nsw.gov.au 

Post:
Justice Health and Forensic Mental Health Network
Health Records and Information Service 
PO Box 150 
Matraville NSW 2036 

Under the GIPA Act, there is a presumption in favour of disclosing Government information unless there is an overriding public interest against disclosure. 

In making such a determination, the public interest test under s.13 of the GIPA Act will be applied. Under s13, there will only be an overriding public interest against disclosure where public interest considerations in favour of disclosure are, on balance, outweighed by those against disclosure. 

An access application may be made for all government information held by Justice Health NSW. Information may be released in response to an access application unless: 

• there is an overriding public interest against disclosure, or 
• the information is excluded information of particular agencies as defined under Schedule 2 of the GIPA Act. 

Although an access application may be made for government information held by Justice Health NSW, information will not be released if there is an overriding public interest against disclosure. 

Justice Health NSW will continually review its program for releasing government information which will identify information held by this agency that should, in the public's interest, be made publicly available. 

Justice Health NSW will generally provide the following types of information in response to an informal request, without the need to make a formal access application: 

• Copies of correspondence, where the person requesting the correspondence was the person who sent it to the organisation. 
• Documents that have already been made public in some other way. 
• Other reasonable requests for information, the release of which would not require third party consultation or raise concerns in terms of public interest considerations against disclosure. 

Informal access to government information under the GIPA Act can be requested through the following steps: 

1. Identify what information is required 
2. Contact the Right to Information Officer to request information. 

Justice Health NSW will not charge a fee to process an informal request for information, however the agency reserves the right to request a formal application or impose conditions on its release. 

If information cannot be accessed through an informal request, a formal access application may be necessary. A formal request may also be necessary if: 

• A large volume of information is sought. 
• Providing access would involve an extensive search. 
• The information sought involves personal or information about third parties who must be consulted before the information can be released. 

Formal access to government information under the GIPA Act can be requested through the following steps: 

1. Prepare an Access Application form (PDF 285.66KB) and clearly indicate it is an application under the GIPA Act. 
2. Include information so that we may reasonably identify what is being requested. 
3. Include a postal address as the address for correspondence.
4. Include a cheque ($30 application fee), payable to Justice Health NSW.
5. Submit the Access Application to the Right to Information Officer (details below).

Formal requests will be processed within 20 working days and may be extended by up to 15 working days where consultation with a third party is required or if records need to be retrieved. 

The applicant will be notified of a decision in writing. Any decision to refuse access will include reasons for the decision. 

You may make an enquiry or lodge an application for information under the GIPA Act by contacting: 

Right to Information Officer 
Justice Health and Forensic Mental Health Network 
PO Box 150 
Matraville NSW 2036 
Phone: (02) 9700 3000 
Fax: (02) 9700 3744 
Email: JHFMHN-gipainfo@health.nsw.gov.au 

You have the right to request a review of a decision regarding the release of information if you disagree with a reviewable decision made by Justice and Forensic Mental Health Network. You generally have 3 options to have a decision reviewed: 

1. Internal review by Justice and Forensic Mental Health Network. 
2. External review by the Office of the Australian Information Commissioner (OAIC). 
3. External review by the NSW Civil and Administrative Tribunal (NCAT). 

Requests to review a decision must be submitted within the following number of working days after the notice of decision was given to you: 

• 20 working days for an internal review or 
• 40 working days for an external review by the OAIC or the NCAT. 

Internal Review 

An application for an internal review must be made within 20 working days of the Notice of Decision being sent to the applicant and should be accompanied by a GIPA Application for Internal Review form along with a fee of $40.

The internal review will be undertaken by a senior officer who was not involved in making the original decision. A determination from an internal review will be issued within 15 working days which may be extended by 10 working days where there is a need to consult with new third parties. 

External Review 

An applicant can appeal a decision to refuse access to information directly to the OIC or ADT. Applicants have 40 working days from the date of the original decision being given to the applicant to appeal a decision to the OIC or ADT. 

• 2016-17 GIPA report (PDF 2.03MB)
• 2015-16 GIPA report  (PDF 251.43KB)

he NSW Health Gifts of Government Property register is maintained to meet the requirements of the Treasurer's Direction TD21-04 'Gifts of government property', which specifies the circumstances in which a gift of government property may be made, ensures gifts are made in accordance with specified values and associated principles, and that agencies maintain a record of gifts made. 

All NSW Health entities are required to certify the accuracy and completeness of the contents of this register. Where a NSW Health entity is not named within the register, it should be taken that the entity did not make any gifts of government property, greater than $10,000, during the period. 

The NSW Health Statutory Acts of Grace register is maintained to meet the requirements of the Treasury Circular TC22-01 'Statutory Act of Grace Payments', which specifies the circumstances in which a payment may be made, explains the power to delegate and requires GSF agencies to maintain a record of the payments made. 

All NSW Health entities are required to certify the accuracy and completeness of the contents of this register. Where a NSW Health entity is not named within the register, it should be taken that the entity did not make any statutory acts of grace payments during the period. 

The registers can be found on the NSW Health website: Gifts of Government