Healthcare rights and legislation

Learn about our legislative framework for the healthcare functions and services we perform and operate.

Your rights and personal information

• We collect information to help us deliver health services to Tasmanians.
• This information may include information or an opinion about you.
• This is called ‘personal information’.
• A special law tells us how we can use your personal information to deliver healthcare services. This law is called the Personal Information Protection Act 2004 (PIP Act).
• You can ask for access to your personal information or for it to be changed.

Types of personal information

Personal information is any recorded format that:

• can identify you
• reveals sensitive information about you
• reveals information about your health.

A recorded format can be a:

• photograph
• video
• recorded audio message like a phone voicemail.

How to access your personal information

• To access your personal information, you need to make an application.

• You can do this by filling out an application form and a consent form.
• Consent means you give us permission to share the information we have about you.

Download ‘application for access to personal information’ form

Download ‘consent to share personal information’ form

Where to send your application

There are three ways to send your application.

• Mail: Application for Personal Information, Information Coordination and Strategy Unit, Department of Health and Human Services, GPO Box 125, HOBART TAS 7001  
• Email: [email protected]
• Or contact the unit that holds your information (outlined below).

Location or unit	Contact	Address and phone number
Statewide	MHSS Information Officer Mental Health & Statewide Services (including Alcohol and Drug Services)	GPO Box 125 HOBART TAS 7001 Phone: 03 6166 0826
Southern Region	Release of Information Officer Health Information Management Services  Royal Hobart Hospital	GPO Box 1061 5/25 Argyle Street  HOBART TAS 7000 Phone: 03 6166 8898
Northern Region	Release of Information Officer Health Information Management Services Launceston General Hospital	Level 2, 274-280 Charles Street  LAUNCESTON TAS 7250 Phone: 03 6777 6556
North West Region	Release of Information Officer Health Information Management Services North West Regional Hospital	Ground Floor, Brickport Road BURNIE TAS 7320 Phone: 03 6493 6126
	Release of Information Officer Health Information Management Services Mersey Community Hospital	Bass Highway Latrobe PO Box 21 LATROBE TAS 7307 Phone: 03 6478 5246 03 6478 5131
Housing, Disability and Community Services records	Housing, Disability and Community Services Personal Information	GPO Box 65 HOBART TAS 7001 Phone: 1300 665 663
Children and Youth Services records	Children and Youth Services Client Information	GPO Box 65 HOBART TAS 7001 Phone: 1300 665 663

What happens after you lodge your application

• We will contact you as soon as possible.
• We may need to ask you for more information.
• We may be unable to process your application if you don't provide all the details we ask for.
• We may need you identification. For example, a driver’s licence or birth certificate.

Costs to process your application

• We will contact you if there are any costs.
• We may not provide you information until the costs are paid.

Accessing your child’s personal information

• We may hold private and confidential information about your child. 
• By law, we can only share this with other people for special reasons. This includes parents and caregivers.
• This is to protect children.
• It also lets children know they can trust health workers they talk to.
• You can ask for access to your child’s private information from the department unit that holds it.
• We assess this on a case-by-case basis.
• We consider the law, information you want, who you are, and age of your child.
• Sometimes we may only give you some information. This is called a ‘partial release’.

How to access your child’s personal information

• To access your child’s personal information, you need to make an application.
• You can do this by filling out an application form and a consent form.
• Consent means permission to share this information.

Download ‘application for access to personal information’ form

Download ‘consent to share personal information’ form

Who can access information about your child

We can give information to you if you are a parent or caregivers of a child who:

• is unable to physically or legally give consent. Consent means give us their permission.
• if the information helps you provide appropriate care and treatment to the child
• for compassionate reasons. This means if your child is critically ill or needs special care.

We can also give information if your child gives consent and understands what this means.

Accessing the personal information of a relative

You can access a relative’s personal information if you have consent.

• You can do this by filling out an application form.
• Your relative can complete the ‘Consent to Share Personal Information’ form.
• Consent means permission to share this information.
• You will also need to provide your identification. For example, driver’s licence or passport.
• If you are a carer, you can ask for their health information to help you look after them.
• You can also ask for it for ‘compassionate’ reasons.
• Compassionate reasons means if they are critically ill or need special care.

Download ‘application for access to personal information’ form

Download ‘consent to share personal information’ form

Accessing the personal information of someone who has died

• By law, we must protect your personal information for 25 years after you die.
• If you are the next-of-kin of someone who has dies you can apply to access their information.
• Next-of-kin means your spouse, de facto partner, children or close blood relative like siblings.
• If you are not the next-of-kin, you must ask the next-of-kin to give you written consent.
• Consent means give us their permission.
• You may also apply for their information for ‘compassionate’ reasons.
• Compassionate reasons means if they you helped care for them when they were critically ill.
• You do not need to be a next-of-kin if you were responsible for their care.
• We also review the wishes of the person who died and their family.

Types of personal information that we collect

The type of personal information we collect about you includes:

• your name
• your addresses
• your phone number
• other information that helps us provide the service.

It is important that we check that this information is:

• correct
• complete
• up to date.

What is sensitive information?

Sensitive information includes things about you like:

• health information
• criminal record
• racial origin
• sexual preferences.

We only collect sensitive information with your consent.

• This means if you give us your permission.
• Sometimes we may need sensitive information without your consent.

How we identify you

• If you contact us for a service, we may need to identify you.
• This means providing information to show us who you are.
• We do not give you a ‘unique identifiers’ unless it is necessary.
• A unique identifier is a sequence of numbers, letters or characters to identify your information.
• If another organisation uses a unique identifier, we may collect it.
• We will not share this information with anyone else.

How we use and share your personal information

• We only have access to the information necessary to carry out our work to help you.
• All our staff treat your information as confidential.
• This means they cannot share your information unless it is needed to help you.

Who we may need to share your information with

People we may need to share your information with include:

• people, contractors and agencies working with the Department of Health (Tasmania).
• non-government organisations
• law enforcement agencies (for example, the police)
• courts
• other public sector bodies.

The information we may share is called ‘basic personal information’ This includes your:

• name
• address
• date of birth
• gender.

How else we may use your personal information

• Some de-identified personal information we have collected may be used.
• De-identified means it is confidential and does not reveal your identity.
• This maybe be used to help us do our work.
• This includes for things like health research, reports, statistics and training.

How we keep your information secure

We use different ways to keep your information secure and protected. This includes:

• access controls (this means controlling you can access the information)
• secure methods of communication
• back-up and recovery systems
• special technology
• using processes approved by the law (this is called Archives Act 1983).

This all helps to protect your information from:

• misuse
• loss
• unauthorised access (being used by someone who does not have permission)
• modification (being changed)
• disclosure (being given to someone without your permission).

Download a brochure on Personal Information Protection to learn more

Download a simple English version of the brochure

How we enforce protecting your information

• We follow a law called the Public Interest Disclosures Act 2002.
• Learn more on the Ombudsman’s website
• Download the Public Interest Disclosure Procedure 
• Download the Public Interest Disclosure Form 

Understanding your right to information

• We follow a law called the Right to Information Act 2009.
• It means you can ask for with official information we have about you.
• It sets out how to ask for information.
• It tells you when we may deny access to the information.
• It tells you how to review the decision.
• Some information will be exempt. This means you cannot ask for it.

Where to learn more about the personal information

Personal Information Protection Principles