Freedom Of Information
The Freedom of Information Act 1989 is designed to extend, as far as possible, the rights of the public to obtain access to information held by the Government and to ensure that records held by the Government concerning the personal affairs of members of the public are not incomplete, incorrect, out of date or misleading.
An alternative to Freedom of Information is Release of Information.
The Freedom of Information Act refers to personal and non-personal documents. Personal documents are those that are about a particular individual. Non-personal documents cover all other documents and publications, eg policies, planning documents, strategic plans etc.
Personal documents
In accordance with Department of Health guidelines and policies, there are a variety of processes and charges for access to personal information dependent on who the request is made by and for what purpose. As a general rule, personal applications for access to a person's medical record will be processed under the Release of Information (ROI) guidelines issued by the NSW Department of Health. The charges for the release of information under ROI are similar to those applied under the FOI legislation.
Personal information belongs to the individual. The file/record belongs to the Hunter New England Health and units thereof. Therefore, when people are viewing their personal information it will be done in an area that ensures security of the record file.
Access to non personal documents are processed under the FOI legislation and written applications should be submitted, in the first instance, to the FOI Coordinator, Hunter New England Health, Locked Mail Bag 1, New Lambton 2305.
To assist in identifying the relevant documents as much information as possible should be included. If the person is unsure of the existence of a document or what it is called, a phone call to the unit concerned may help with the application.
Fees and Charges under the FOI Act
| Nature of Application | Application Fee | Processing Charge |
| Personal Requests | ||
| Access to records | $30-00 | $30-00 per hour after the first 20 hours |
| Non-Personal Requests | ||
| Access to records | $30-00 | $30-00 per hour |
| Internal Review | $40-00 | |
| Amendment of records | nil |
There are circumstances where there is a reduction in fees and charges and this should be checked with the relevant unit.
Processing of the request commences with the receipt of the application accompanied by the payment of the appropriate application fee. Cheques should be made payable to the unit from which the information is requested.
The officer will inform the applicant of the decision within 21 days of the receipt of the application and fee. Included will be the Schedules in the FOI Act that are relevant to the decision. Irrespective of whether the decision is to release in full, part or to deny access completely, information will be included outlining the applicant's right of appeal.
© Hunter New England Area Health Service 2005. All rights reserved