Accessing patient health records

This page provides information on accessing Government information. For information about accessing patient health records, please view our accessing health records page.

See accessing health records page

The Government Information (Public Access) Act 2009 (GIPA Act) came into effect on 1 July 2010 and replaced the Freedom of Information Act 1989. The GIPA Act is designed to meet community expectations of a more open and transparent Government for the people of NSW.

Requests for information

Requests to the Sydney Children's Hospitals Network for information under the GIPA Act may be made either informally or formally.

Informal requests

The Sydney Children's Hospitals Network (Randwick and Westmead) will generally provide the following types of information in response to an informal request, without the need to make a formal access application:

  • copies of correspondence, where the person requesting the correspondence was the person who sent it to the organisation.
  • documents that have already been made public in some other way.
  • other reasonable requests for information, the release of which would not require third party consultation or raise concerns in terms of public interest considerations against disclosure.

Informal access to government information under the GIPA Act can be requested through the following steps:

  1. Identify what information is required.
  2. Provide identification of the person requesting information.
  3. Contact the Right to Information Officer to request information

The Sydney Children's Hospitals Network will not charge a fee to process an informal request for information, however the agency reserves the right to request a formal application or impose conditions on its release.

Formal requests

If information cannot be accessed through an informal request, a formal access application may be necessary. A formal request may also be necessary if:

  • A large volume of information is sought.
  • Providing access would involve an extensive search.
  • The information sought involves personal or information about third parties who must be consulted before the information can be released.

Formal access to government information under the GIPA Act can be requested through the following steps:

  1. Prepare an access application and clearly indicate it is an application under the GIPA Act
  2. Include information so that we may reasonably identify what is being requested
  3. Include a postal address as the address for correspondence
  4. Include a cheque ($30 application fee), payable to the Sydney Children's Hospitals Network
  5. Submit the Access Application to the Right to Information Officer (details below)

Formal requests will be processed within 20 working days and may be extended by up to 15 working days where consultation with a third party is required or if records need to be retrieved.

The applicant will be notified of a decision in writing. Any decision to refuse access will include reasons for the decision.

Right to Information Officer contact details

Address: The Sydney Children's Hospitals Network (Randwick and Westmead)
Locked Bag 4001
Westmead NSW 2145
Phone: (02) 9845 2356
Fax: (02) 9845 0510
Email: SCHN-Mail@health.nsw.gov.au

Request for review

You have the right to request a review of a decision regarding the release of information if you disagree with a reviewable decision made by the Sydney Children's Hospitals Network. You generally have three options to have a decision reviewed:

  • an internal review by the Sydney Children's Hospitals Network
  • an external review by the Information and Privacy Commission (IPC)
  • an external review by the Administrative Decisions Tribunal (ADT)

Requests to review a decision must be submitted within the following number of working days after the notice of the decision was given to you:

  • 20 working days for an internal review; or
  • 40 working days for an external review by the IPC or the ADT.

The Office of the Information Commissioner has published a fact sheet entitled Your Review Rights under the GIPA Act which details your rights of review. Frequently asked questions are also available on the IPC website.

Internal review

An application for an internal review must be made within 20 working days of the Notice of Decision being sent to the applicant and should be accompanied by a GIPA Application for Internal Review form along with a fee of $40. The internal review will be undertaken by a senior officer who was not involved in making the original decision. A determination from an internal review will be issued within 15 working days which may be extended by 10 working days where there is a need to consult with new third parties.

External review

An applicant can appeal a decision to refuse access to information directly to the IPC or ADT. Applicants have 40 working days from the date of the original decision being given to the applicant to appeal a decision to the IPC or ADT.

The Information and Privacy Commission (IPC) has been established to promote public awareness and understanding of the new GIPA Act. The Commissioner also monitors government agencies' compliance with the GIPA Act.

Get more information

You can get more information at the Information and Privacy Commission NSW.

Office Address: Level 11, 1 Castlereagh Street, Sydney NSW 2000
Mailing Address: GPO Box 7011, Sydney NSW 2001
Phone: 1800 INFOCOM (1800 463 626)
Email: ipcinfo@ipc.nsw.gov.au  
Website: http://www.ipc.nsw.gov.au/

Information not open to the public

Under the GIPA Act, there is a presumption in favour of disclosing Government information unless there is an overriding public interest against disclosure. In making such a determination, the public interest test under s.13 of the GIPA Act will be applied, which provides that there will only be an overriding public interest against disclosure where public interest considerations in favour of disclosure are, on balance, outweighed by those against disclosure.

An access application may be made for all government information held by the Sydney Children's Hospitals Network (Randwick and Westmead) and information may be released in response to an access application unless:

  • there is an overriding public interest against disclosure, or
  • the information is excluded information of particular agencies as defined under Schedule 2 of the GIPA Act.

Although an access application may be made for government information held by the Sydney Children's Hospitals Network, information will not be released if there is an overriding public interest against disclosure.

The Sydney Children's Hospitals Network will continually review its program for releasing government information which will identify information held by this agency that should, in the public's interest, be made publicly available.

Information open to the public

Under GIPA Act, the Sydney Children's Hospitals Network is encouraged to release as much information as possible, in an appropriate way and free of charge (or at the lowest reasonable cost).

We proactively provide information about our services, priorities, decisions, policies, guidelines, plans, Board documentation and much more. You are welcome to ask us what information we will make available to the public, in addition to the information contained on its website/s. Please see our request information.

Policy documents

The Sydney Children's Hospitals Network (SCHN) is a specialist health network that is guided by the following policy documents:

For more information or queries regarding SCHN policies, please contact the Policies and Procedures Coordinator via phone on (02) 9845 1053.

Government contracts

The GIPA Act requires agencies to record and publish certain information about contracts with private sector bodies. Employment contracts are not covered by the GIPA Act.

Not all information contained in contracts may be released. The following are considerations that may be applied when determining whether there is a public interest against the disclosure of contract information:

  • The commercial-in-confidence provisions of a contract
  • Details of any unsuccessful tender
  • Any information where there is an overriding public interest against disclosure.

Sydney Children's Hospitals Network contracts are available on the NSW Government e-tendering website.

The Sydney Children’s Hospitals Network Disclosure Log is a record of information that the Network has released, often in response to a specific request from an individual or organisation that may be of interest to other members of the public.

GIPA reports

Gifts of Government Property

The NSW Health Gifts of Government Property register is maintained to meet the requirements of the Treasurer's Direction TD21-04 'Gifts of Government Property', which specifies the circumstances in which a gift of government property may be made, ensures gifts are made in accordance with specified values and associated principles, and that agencies maintain a record of gifts made.

All NSW Health entities are required to certify the accuracy and completeness of the contents of this register. Where a NSW Health entity is not named within the register, it should be taken that the entity did not make any gifts of government property, greater than $10,000, during the period.

This register is certified by the NSW Health Secretary in her capacity as the Accountable Authority for all NSW Health entities. It is reviewed by the Audit and Risk Committee and published annually.

The register has been redacted to exclude personal information defined under Section 4 of the Personal Information Protection Act 1998.

Statutory Acts of Grace

The NSW Health Statutory Acts of Grace register is maintained to meet the requirements of the Treasury Circular TC22-01 'Statutory Act of Grace Payments', which specifies the circumstances in which a payment may be made, explains the power to delegate and requires GSF agencies to maintain a record of the payments made.

All NSW Health entities are required to certify the accuracy and completeness of the contents of this register. Where a NSW Health entity is not named within the register, it should be taken that the entity did not make any statutory acts of grace payments during the period.

This register is certified by the NSW Health Secretary in her capacity as the Accountable Authority for all NSW Health entities. It is reviewed by the Audit and Risk Committee and published annually.

The register has been redacted to exclude personal information defined under Section 4 of the Personal Information Protection Act 1998.