Access to patient information

Patient Information can be accessed under Freedom of Information, Subpoena or Summons and by your GP or Specialist for ongoing or continuing care.  

This page contains information relating to access to patient information.

Records and Freedom of Information Requests 

Every person has a legally enforceable right to access documents of a public agency unless the request relates to an exempt document (section 13 of the Freedom of Information Act 1982 (Vic)). (FOI) 

Peter MacCallum Cancer Institute (Peter Mac) receives requests for various documents, including discharge summaries, operations, and pathology and radiology results.   

Peter Mac receives requests for all Sites (Bendigo, Box Hill, Moorabbin, Sunshine, and Parkville) via its Health Services Information team. 

How to make a request for access to patient information

Patient Requests for Medical Records  

All requests for access to information must be made in writing under the FOI Act.  

First, patients must contact the FOI Officer at Peter Mac to obtain the appropriate application form. The preferred method of communication is via email to This email address is being protected from spambots. You need JavaScript enabled to view it. 

Once the application form is received, applicants must attach photo identification that shows their signature, e.g., a photocopy of a driver’s license or passport.  

Access to another patient’s records can be provided only with their written authority. In the absence of authority, the applicant must provide evidence of their right to access. This may include:  

  • authority as senior next of kin;  

  • enduring of power of attorney; or 

  • tribunal or Court orders.  

All FOI requests must be clear and include the following: 

  • name and date of birth of the patient; 

  • type of document requests, for example, discharge summary, radiology and pathology results, etc; 

  • if there is a specific date range to which the documents relate; and 

  • which Peter Mac site the documents relate to. 

Requests must include the application fee. 

Requests must include payment of the application fee which is not refundable. Application fees increase each year on 1 July.  

The fee as of July 2022 is $30.60. Application fees may be waived for patients who provide evidence of current health care or pension card or a statutory declaration outlining why the application fee would cause financial hardship.  

The Application fee can be paid by: 

  • cheque (made payable to Peter MacCallum Cancer Institute) 

  • credit card; or 

  • cash (only at the cashier office on Level 2, 305 Grattan Street, Parkville Vic 3000). 

Other Fees relating to access to patient information

Access charges apply in addition to the application fee. The Applicant will be notified of all fees which must be paid prior to the release of information.   

Access charges include: 

CD 

$25 

Photocopying 

20 cents per page after the first 25 pages 

Search fee (not applicable if requesting own records) 

$23.00 per hour or part thereof 

Viewed record 

$5.55 per quarter hour (under supervision) 

Delivery of documents via secure electronic mail  

Postage where applicable  

$0  

$10.00 for B4 Size express post; or 

 $15.00 for 3K per express post envelope 

Processing fee 

 $15.00 

Assessment timelines  

Valid request  

Where a valid FOI request for documents is received, a decision will be sent to the Applicant within 30 days or 45 days if the FOI Officer needs to consult with other services or people. Longer timeframes can apply if the Applicant agrees. 

Once payment for access charges is received, the records will be sent to the Applicant via registered post or Peter Mac’s secure file-sharing system. 

Invalid request  

Where a request is invalid, the FOI Officer will contact the applicant within 30 days of receiving the FOI request. The FOI Officer will explain why the request is invalid and what can be done to make a valid request.  

When the request is invalid due to an exemption under the FOI Act, the applicant can ask for a review of the request.   

Amendment of your personal records 

To amend personal records, a letter or email must be sent to the FOI Officer clearly outlining how the information is incomplete, incorrect, outdated, or misleading and specify the requested amendments.  

Review and Complaint Rights 

If the Applicant is not satisfied with the outcome of the FOI application, the applicant is encouraged to contact the FOI Officer to discuss this further. 

If the Applicant is still unsatisfied with the outcome of these discussions, they may seek a formal review.  

The request for review must be made within 28 days of receiving the decision letter. 

There are two review options availab 

Office of the Victorian Information Commissioner (OVIC) 

Phone: 1800 006 842 or 1300 00 OVIC 

Email: This email address is being protected from spambots. You need JavaScript enabled to view it. 

Website: https://ovic.vic.gov.au/ 

Address: PO Box 24274 Melbourne, Victoria, 3001 Australia 

Can consider all requests for formal review.  

Also consider documents that do not exist, or where they could not be located. In this case, complaint must be made in writing within 60 days of receiving the decision letter. 

Health Complaints Commissioner (HCC) 

Phone: 1300 582 113 

Email: This email address is being protected from spambots. You need JavaScript enabled to view it. 

Website: www.hcc.vic.gov.au 

 

Release of information for ongoing care – Patients and Healthcare Providers  

Patient requests for medical records regarding ongoing care  

Where a patient requires information for a recent admission or attendance to be sent to their treating practitioner for continuity of care, they can ask the provider or practice to submit a request for information without having to make a formal FOI request.  

Patients must provide HIS with: 

  • their name and date of birth 

  • specify the type of document required, for example, discharge summary, radiology and pathology results, etc.; 

  • if there is a specific date range to which the documents relate; 

  • contact details for the practitioner receiving the information  

The HIS team may contact the applicant to provide further information if the request is incomplete. It is important to be as clear as possible to avoid delays in processing requests.  

The request should be directed to:  

  • Email: This email address is being protected from spambots. You need JavaScript enabled to view it.
  • Fax: (03) 8559 7335 

For any further questions or concerns, please get in touch with the HIS team: (03) 8559 7370 

Contact us about access to patient information  

HIS FOI Officer 

  • Phone: (03) 85597407 
  • Email: This email address is being protected from spambots. You need JavaScript enabled to view it. 
  • Mail: Peter MacCallum Cancer Centre 
    Locked Bag 1 A’Beckett Street 
    Victoria Australia 8006 

Subpoenas or Summons 

Types of subpoena 

  • The production of a document or thing 

  • Attendance at Court to give evidence 

  • Attendance at Court to give evidence and produce documents  

What a subpoena must include 

Production of Medical Records 

A subpoena of medical records or other Peter Mac documents should include the following: 

  • Patient’s full name 

  • Date of birth 

  • Date or timeframe of documents requested 

A subpoena requiring the production of medical records should be addressed to the following: 

Freedom of Information Officer – Health Information Services 
Peter MacCallum Cancer Centre  
Locked Bag 1 A’Beckett Street 
Victoria Australia 8006. 

  • Phone: (03) 8559 7407  

If permitted by the applicable Court, a subpoena for the production of documents can be served to: 

  • Email: This email address is being protected from spambots. You need JavaScript enabled to view it. 

Medical Records may be sent via a secure link to an email address provided by the court.  

Attendance to Give Evidence 

A subpoena to attend court must be addressed to the Peter Mac employee:  

  • Patient’s full name 

  • Date of birth 

  • The date or timeframe of the evidence requested 

  • Hearing date and venue 

  • Direct contact details of the primary contact on the matter 

A subpoena must be personally served to the employee named within the subpoena at their primary Peter Mac location during business hours.   

Before issuing a subpoena, please get in touch with People and Culture to confirm the individual is still employed at Peter Mac on (03) 8559 5000. 

Please get in touch with the clinician at least two days before the hearing to confirm that attendance is still required.   

If the case is settled or adjourned, please get in touch with the clinician immediately to avoid disruptions to patient care.  

Production of Employee Records  

A subpoena requiring the production of employee records should include the following: 

  • Employees full name; 

  • Details of required documentation; and 

  • The relevant period of employment relating to the requested documents. 

A subpoena requiring the production of Employee Records should be addressed to the following: 

Marco De Marte  
Peter Mac People and Culture 
305 Grattan Street  
Melbourne Vic, 3000 

  • Phone: (03) 8559 5000

Serving a subpoena  

To ensure compliance, Peter Mac requests at least two weeks’ notice, and the subpoena must be: 

  • Stamped by the Court; 

  • Addressed correctly; and 

  • Include sufficient conduct money. 

If the Court grants leave, a subpoena for the production of documents can be served through:  

FOI Officer - Health Information Services 
Peter MacCallum Cancer Centre 
Locked Bag 1 A’Beckett Street 
Victoria Australia 8006

  • Phone: (03) 8559 7407 

Pages related to access to patient information

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