Medical record access

Under the Health Records and Information Privacy Act 2002 (NSW) and applicable Australian privacy legislation, patients have the right to request access to health information held about them by Green Square Dermatology.

Access may be as simple as requesting a copy of recent pathology results from a dermatologist during a consultation. Requests for a complete medical record, historical records or records to be released to another person or organisation generally require a formal application.

Applicants can request a copy of a medical record by completing our online OMR2 – Medical Record Access form.

The form collects information about the applicant, the patient, the records requested and any supporting documentation required to establish authority to access those records.

OMR2 – Medical Record Access form

Once submitted, the request is forwarded to Green Square Dermatology for processing. Our administration staff will review the information, verify the applicant's authority and advise of any applicable fees.

Where an applicant already holds written authority signed by the patient, this may be submitted for verification without the need for the patient to complete a further authority. Additional information or documentation may still be requested.

Once the authority has been verified, an invoice will be issued where applicable. Records will generally be released following payment of applicable fees, except where a different statutory process applies.

Patients may request access to their own health information or authorise another person or organisation to receive information on their behalf.

Requests may also be made by a person who has legal authority to act for a patient, including a parent, guardian, attorney or other authorised representative, depending on the circumstances.

Green Square Dermatology must verify that an applicant is entitled to receive the requested information before it can be released. We may request identification, written patient consent or documentation establishing parental responsibility, guardianship, power of attorney or other legal authority.

Where written patient consent is provided, it should clearly identify the patient, the information authorised for release and the person or organisation to whom the information may be disclosed.

In most circumstances, a parent or guardian who holds parental responsibility may request access to their child's medical records.

However, parental responsibility does not automatically provide unrestricted access to all health information relating to a child.

Young patients, including some aged between 14 and 16 years, may have sufficient capacity to make independent decisions about their health care. Their capacity is assessed by the treating dermatologist according to their maturity and understanding of the proposed treatment.

Where a young patient has the capacity to make independent health care decisions, their privacy and confidentiality must also be considered before information is disclosed to a parent or guardian.

We may request evidence of parental responsibility or guardianship and, where appropriate, refer the request to the treating dermatologist for review.

Requests for medical records from solicitors, insurers and other third parties must be supported by appropriate written authority from the patient, unless the disclosure is otherwise required or permitted by law.

Where an applicant already holds a signed patient authority, this may be provided directly to Green Square Dermatology for verification.

The authority must adequately identify the patient, the information requested and the individual or organisation authorised to receive the records.

If an appropriate authority is not available, the applicant or patient should complete the OMR2 – Medical Record Access form, selecting the relevant authority or request type.

Only information covered by the authority, or otherwise lawfully authorised for disclosure, will be released.

Requests made under a subpoena, court order or other legal process will be assessed according to the applicable legal requirements.

Green Square Dermatology uses Jotform to collect medical record access applications and supporting documentation through our online OMR2 form.

Once submitted, the application is transmitted to Green Square Dermatology as a PDF document, together with any supporting image attachments. These documents are received through our business Microsoft Exchange email system, hosted in Australia, with access restricted to authorised reception staff working on site.

Automatic deletion of submitted information is enabled in Jotform. Green Square Dermatology does not use Jotform for the ongoing storage or management of medical record access requests.

Applications and supporting documentation received by Green Square Dermatology are managed in accordance with applicable NSW and Australian privacy legislation.

Jotform maintains a published privacy policy outlining its collection, handling, storage and disclosure of personal information, including provisions relating to the Australian Privacy Principles under the Privacy Act 1988 (Cth). Information may be processed or temporarily stored outside Australia.

Further information is available in the Jotform Privacy Policy.

Under the Health Records and Information Privacy Act 2002 (NSW), private health service providers must respond to requests for access within 45 calendar days of receiving the request.

A formal response must either grant access to the requested information or explain why access has been refused. An acknowledgement or request for further documentation does not, by itself, constitute a formal response under the Act.

Green Square Dermatology aims to process all requests as quickly as practicable. Processing times may depend on the completeness of the application, verification of authority and the volume of information requested.

Patients are generally entitled to access their health information. However, the Health Records and Information Privacy Act 2002 (NSW) permits access to be refused in certain circumstances.

These include situations where disclosure would pose a serious threat to an individual's health or safety, unreasonably affect another person's privacy, relate to certain existing or anticipated legal proceedings, or otherwise be prohibited by law.

Access may also be refused in circumstances involving certain law enforcement activities or repeated unreasonable requests, as provided for under the Act.

Where access is refused, Green Square Dermatology will provide a written explanation identifying the applicable reason.

In some circumstances, access may be granted to part of a medical record while other information is withheld. Where this occurs, the reasons for partial access will be explained.

The Health Records and Information Privacy Act 2002 (NSW) permits reasonable fees to be charged for providing access to health information. Fees must not be excessive or create an unreasonable barrier to access.

Green Square Dermatology applies the following charges:

Medical record copy fee: $10.00

A fee of $10.00 applies to each copy of a medical record generated, whether provided electronically or in paper format.

The copy fee is waived where:

• The record is transferred by secure download or fax directly to a verified medical facility for the purpose of continuing patient care; or

• The applicant or patient arranges to collect a printed copy of the medical record in person from Green Square Dermatology.

Registered post: $10.00

An additional $10.00 fee applies where a printed copy of the record is requested by registered post.

Additional processing fees.

Additional processing fees may apply to requests from solicitors, insurers or other third parties, or where the request requires additional administrative work beyond a standard record copy.

Applicants will be advised of any additional processing fees before the records are prepared.

Workers compensation and statutory fees.

Where a medical record request relates to a NSW workers compensation matter and is subject to a prescribed fee under the State Insurance Regulatory Authority (SIRA), the applicable statutory fee schedule will apply instead of our standard medical record copy fee.

Fees for providing clinical notes and medical records are determined in accordance with the relevant SIRA fees order in effect at the time of the request.

Further information about prescribed fees is available from the State Insurance Regulatory Authority (SIRA).

Payment and release of records.

Where fees apply, applicants will be advised of the charges and payment arrangements.

Records will generally be released once payment has been received and the applicant's authority has been verified, except where legislation, a statutory fees order or another applicable legal requirement provides for a different process.