NSW Coat of Arms New South Wales Government New South Wales Department of Health South East Sydney Illawarra Health Service
South East Sydney Illawarra Health Service South East Sydney Illawarra Health Service  
 

Freedom of Information

What is Freedom of Information (FOI)?

The NSW Freedom of Information (FOI) Act gives individuals legally enforceable rights to access documents held by NSW Government agencies, Ministers, local governments and other public bodies such as hospitals and Area Health Services.

The FOI Act also gives individuals the right to amend inaccuracies in their personal records, which may be incomplete, incorrect, misleading or out-of-date.

The FOI Act helps to ensure that NSW Government agencies and other public bodies operate in an open, transparent and accountable manner. At the same time, the FOI Act places limits on applicants' rights to make FOI applications and to access certain documents, data or information. For example, an agency has the right to refuse an application if documents are publicly available or if the request would create an unreasonable diversion of its resources.

Additionally, the FOI Act specifically exempts documents from release such as:

  • Those that would unreasonably disclose someone's personal or business affairs
  • Those that contain confidential information

The Freedom of Information Act is currently under review. Information about proposed new legislation is available here.

Where can I access my medical records?

Medical records can be accessed under FOI but are generally accessed under the Health Records and Information Privacy Act 2002 (HRIPA). The Medical Records Department in the relevant hospital can help you apply for your medical record under HRIPA.

How do I make an FOI application?

There are two main requirements in making an FOI application:

  • The application must be in writing
  • It must include an application fee in a cheque made payable to "South Eastern Sydney Illawarra Area Health Service".

Applicants are not required to complete a specific application or request form. However, applicants may use the application form developed by the Department of Premier and Cabinet (DPC) .

Costs

Fees apply to the processing of FOI applications as outlined below:

  • $30 application fee - or $15 for those suffering financial hardship
  • $30 per hour for work associated with the application conducted by the organisation
  • Private citizens making a personal application are entitled to 20 hours free processing time with their application fee but must then pay $30 per hour for subsequent processing. Financial hardship is also taken into consideration to determine processing fees. 

Where can I find out more about FOI matters?

The Department of Premier & Cabinet has a number of resources about FOI applications, reviews and appeals. The updated FOI Manual provides a comprehensive overview of FOI practice, as well as guidelines for agencies dealing with FOI issues. This resource can also assist applicants to focus their FOI applications and requests.

What if I have any questions?

Please contact the SESIAHS FOI Coordinator on (02) 4253 4888 or write to:
SESIAHS FOI Coordinator
Locked Mail Bag 8808
SCMC NSW 2521