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Amendments made to the Freedom of Information Act by the Health Records Act

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Key message

An individual now has the right to apply to the Health Services Commissioner(HSC) for conciliation, where a decision is made to refuse access to health information under sections 32, 33 or 38 of the FOI Act, instead of seeking aninternal review. Decisions to refuse access under other grounds can also be conciliated.

Contents

1. Access to health information after Health Records Act changes
(a) Introduction and definitions
(b) When does a document contain health information?
2. The main exemptions to access covered by the amendments
3. Amendments made to the FOI Act by the HRA
(a) Manner of access
(b) Section 33(4) “serious threat to life or health”
(c) Right to apply to Health Services Commissioner for conciliation
(d) Time limits to apply for conciliation
(e) Applicant must be advised of new rights
4. How conciliation by HSC is conducted
5. Second opinion on refusal of access based on serious threat to the individual’s life or health
6. Making information held by a health service provider available to another health service provider
7. For further information

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Circular to Agencies regarding Amendments made to the Freedom of Information Act by the Health Records Act - June 2004 (168kb, pdf)

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