Can I Have Information About Me?

You are entitled to request access to information we may have about you.

How do I make a request?
In order to make a request you will need to contact our Freedom Of Information Officer (FOI Officer) on 03 5451 5200. You will be provided with a copy of the Request for documents form: section 17 – Freedom of Information Act 1982 (Vic) to fill in the details of your request.

Making a request:

• All requests must be in writing.
• A request should be made by the person who wishes to obtain access to the information.
• OR, another authorised person can request the information on the person’s behalf, e.g. a Power of Attorney or solicitor with written authorisation of the request.

Applications must be:

• Written on the Request for documents form: section 17 – Freedom of Information Act 1982 (Vic) form.
• If the documents are about personal affairs the application must contain evidence of the person’s identity such as a photocopy of the current driver’s licence.
• Clearly describe the documents requesting access to.
• Include an application fee or evidence that the application fee may be waived e.g. healthcare card. 

Processing of the information will not begin until all of the required information is supplied.

Costs:

There are two costs associated with making a Freedom of Information request which are set by government regulations.

https://ovic.vic.gov.au/freedom-of-information/access-charges-calculator/

A) The application cost:

• Application fee is $31.80 payable by eftpos/cash.
• The application fee will be waived or reduced if payment of the fee would cause hardship to the applicant (see s 17(2B) of the FOI Act).

B) The access cost may include:

• Search cost of $23.85 per hour or part of an hour
• Supervision charges of $23.85 per hour
• Photocopying charges of 20 cents per black and white A4
• Providing access in a form other than photocopying – reasonable costs incurred by the agency in providing the copy
• Charge for listening to or viewing tapes – the reasonable costs incurred by the agency in making arrangements to listen to or view (Supervision charges also apply)
• Charge for making a written transcript out of a tape – the reasonable cost incurred by the agency in providing written transcript

If a charge may exceed $30 BDH is to notify the applicant and inquire whether the applicant wishes to continue with the request.

C) Refusal to Access:

Refusal of access is only to occur if access;

• Poses a serious threat – offer a different way.
• Would impact unreasonably on another person.
• Relates to information about legal proceedings.
• The information was given in confidence.
• Is unlawful.
• Relates to a negligence claim.
• The person is being unreasonable or the request is considered trivial or has been made jokingly.
• Would leave the organisation vulnerable in relation to commercially sensitive decisions.
• If the work involved in processing ‘would substantially and unreasonably divert the resources of the agency from its other operations’ (s25A(1)).

Where a request for access has been refused the FOI Officer must provide a reason for the decision.

Responses:
Boort District Health must give written reply within the statutory timelines set out under the FOI Act.

1. Response to requests for access to information:
   Must be made in writing that BDH will give access to the health information within 30-45 days after receiving the request.

• Access or Refusal of a Valid Request:
  Must be made in writing and dispatched by BDH within 30-45 calendar days from a valid request to access the documents.

• Decisions in response to FOI requests for amendments to documents:
  Must be made in writing and dispatched by BHD with 30 calendar days from the date the Hospital receives the applicant’s request.

• Decisions in response to FOI requests for internal reviews:
  Must be made and dispatched by BDH within 14 calendar days from the date the Hospital receives the applicant’s request.

Request for documents – Section 17 Freedom of Information Act 1982 (Vic) (FOI Act)

Under the Freedom of Information Act 1982 (Vic) (FOI Act), every person has the right to request access to documents held by Victorian public sector agencies and Ministers. This right of access is subject to exceptions and exemptions necessary to protect essential public and private interests.

For more information see the OVIC – Office of the Victorian Information Commissioner