Your claim · 8 min read · Published 27 October 2026 · Reviewed 27 October 2026 · Next review April 2027
By Dr Rosemary Listing, PhD (Law) · Medical negligence lawyer since 2013 · Of Counsel, Peter Evans & Associates
How to Get Your Medical Records in Australia
You have a legal right to access your own health records, from public hospitals, private hospitals, GPs and specialists, with only limited exceptions. Ask in writing for the complete record, not a summary. There may be a fee for copies, and it can take several weeks. You do not need your records before getting legal advice: a lawyer can request them for you with your permission, and waiting for them should never put a claim at risk of missing a time limit.
When something has gone wrong in your care, your medical records are often the first place the answers are. They show what was seen, what was decided, and when.
Many people do not realise they are entitled to their records, or feel awkward asking. Asking is routine. Hospitals and practices handle these requests every day, and you do not have to give a reason.
Your right to your records
Privacy laws give you a right to access the health information held about you. For private hospitals, GPs, specialists and other private providers, this comes mainly from the federal Privacy Act 1988. Public hospitals are covered by state laws. In New South Wales, the Health Records and Information Privacy Act 2002 applies to both public and private providers.
A provider can only refuse access in limited situations, for example where giving it would pose a serious threat to someone’s life or health. If access is refused, you should be given reasons in writing.
What to ask for
Ask for the complete record for the relevant period, not a summary or discharge letter alone. Depending on your care, that can include:
Hospital records
- doctors’ and nurses’ progress notes
- observation and medication charts
- operation and anaesthetic records
- consent forms
- discharge summaries
Tests and correspondence
- pathology and test results
- imaging reports, and the images themselves
- referral letters between doctors
- GP and specialist notes
- letters, emails and messages about your care
Records are often held in more than one place. If you were seen by a GP, a specialist and a hospital, each holds its own records, and each needs its own request.
How to request them
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Find the right contact
For a hospital, look for the Health Information Service or Medical Records department on its website, which often has a request form. For a GP or specialist, ask the practice manager.
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Put the request in writing
Use the hospital’s form, or the letter below. Include your full name, date of birth, address, the dates of treatment, and proof of identity. Ask for electronic copies if that is easier for you.
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Keep a copy and note the date
Keep a copy of your request and note when you sent it. If there is no response within a few weeks, follow up in writing.
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Check what arrives
Check the records against your own memory of what happened. If pages, dates or whole episodes of care seem to be missing, ask for them specifically.
Free template request letter
To the Health Information Service / Practice Manager [Hospital or practice name] I request access to, and a complete copy of, my health records held by you. Full name: [name] Date of birth: [date] Address: [address] Medical record number (if known): [number] Period of treatment: [from date] to [to date] Please include the complete record for this period, including medical and nursing notes, observation and medication charts, operation and anaesthetic records, consent forms, test and pathology results, imaging reports and images, correspondence and discharge summaries. I would prefer to receive the records [electronically by email / by post]. I have enclosed proof of identity. Please let me know in advance if there is a fee. Yours sincerely, [name] [phone and email]
How much it costs and how long it takes
Providers may charge a reasonable fee for copies, and some public hospitals have set fees, which can be higher for large records or imaging. Ask about the fee before the records are copied. Private providers cannot charge you simply for making a request.
Records often arrive within about a month, although large hospital records can take longer. Follow up in writing if you hear nothing.
Other records that can help
- Medicare and PBS history. Your Medicare claims and prescription history, available through Medicare or your myGov account, show which doctors you saw and when.
- My Health Record. It may hold some test results and summaries, but it is not your complete record.
- Your own notes. A diary of symptoms, appointments, what you were told and how the injury affects you is valuable evidence. Write things down as soon as you can.
Records for a child, or someone who has died
A parent or guardian can usually request a child’s records, although older children may have a say. After a death, the executor of the estate or the person’s next of kin can usually request the records. The hospital or practice will tell you what proof it needs.
For records about a birth, including both the mother’s and the baby’s records, read the guide to getting and reading your birth records.
If access is refused or records are missing
Ask the provider for its reasons in writing. If that does not resolve it, you can complain to the relevant privacy regulator: the Office of the Australian Information Commissioner for private providers, or your state’s privacy or information commissioner. In New South Wales, that is the Information and Privacy Commission. For a public hospital in New South Wales, you can also apply under the Government Information (Public Access) Act 2009.
You do not need your records before getting legal advice. A lawyer can request them for you, with your permission, and can ask for documents you may not know exist. Strict time limits apply to claims, so if you think something went wrong, get advice early. Read about time limits.
In my practice
Records are where most of my investigations begin. I read them line by line and build a timeline of every decision, because the story of what went wrong is rarely in one entry. It is in the gaps: an observation that was not repeated, a result that was not followed up, a concern that was written down and then not acted on.
If you have already requested your records, keep them safe and do not write on the originals. If reading them is upsetting, you do not have to do it alone. That is part of what I am here for.
With care,
Rosemary
Frequently asked questions
Am I entitled to my medical records?
Yes. Privacy laws give you a right to access your own health records from public and private providers, with only limited exceptions.
Do I have to say why I want them?
No. You do not have to give a reason for requesting your own records.
How long does it take to get medical records?
Often within about a month, although large hospital records can take longer. Follow up in writing if you hear nothing.
Will the hospital know I am thinking about a claim?
Not from a records request alone. Requests are routine, and you do not need to give a reason.
Do I need my records before talking to a lawyer?
No. A lawyer can request them for you with your permission. Do not delay getting advice while you wait for records, because time limits apply.
Not sure what your records show?
A short, confidential conversation can help you understand what happened and whether it is worth a closer look. There is no cost to find out where you stand.
Written by Dr Rosemary Listing, PhD (Law). Rosemary is a medical negligence lawyer and Of Counsel at Peter Evans & Associates. She has practised since 2013 and worked on many hundreds of claims. Her doctoral research examined patterns of failure in medical negligence, and she is a Sessional Lecturer in Health Law at the University of Newcastle. She is responsible for all content published under her name. Read the editorial standards.
Legal information reflects the law as at the review date. Access rules, fees and timeframes vary between states and providers.
Last updated 27 October 2026. First published 27 October 2026. Next review April 2027.
This page is general information only. It is not legal advice about your situation, and reading it does not create a lawyer and client relationship. If you are worried about your health, please see your doctor. If you are in crisis, call 000 or Lifeline on 13 11 14. Legal services are provided by Peter Evans & Associates.