Introduction   FOI Application   Costs   Processing Time   Refused Request   Records Correction   Time Limits   Decision Reviews   More Information   FOI Contacts   Enquiries  

Medical Records Access   Complaint Details   FOI request by another   Interview Tape Copies
Statutory Information constraints   Decision Review requests   FOI Act Copies  

Introduction

The Freedom of Information Act 1982 (the FOI Act) gives people a right of access to information held by State Government Ministers and agencies, including statutory authorities such as the Chinese Medicine Registration Board (the Board or the CMRB). It was enacted to enhance Government transparency and accountability and is complementary to the privacy legislation which was enacted to protect individuals' information. Release of information is, therefore, always subject to privacy and confidentiality considerations.

The FOI Act gives you:

• The right to access documents about your personal affairs and the activities of such agencies, and
• The right to request that incorrect or misleading information held by an agency about you be amended or removed.

If you wish to obtain or gain access to records held by the Chinese Medicine Registration Board of Victoria, you should first determine whether the information you require is already available as a public document, or whether you need to apply under the provisions of the Freedom of Information Act 1982.

The Health Professions Registration Act 2005 (the HPR Act) outlines the functions of the Board. The HPR Act requires the Board to maintain a register of Chinese medicine practitioners in Victoria and this register must be available for inspection by any person. Copies of the register may also be purchased for a statutory fee (http://www.cmrb.vic.gov.au/cgi-bin/cmweb.exe/Intro).

The Board publishes most of its policy and related documents on this website. You may contact the Board to enquire as to whether the information you require is available for inspection or purchase or whether you should apply for it under the provisions of the Freedom of Information (FOI) Act. Some information may not be available if it is classified under the FOI Act as an 'exempt document'.

To assist you to identify information available to the public as required by Part 2 of the Freedom of Information Act 1982, you should refer to the Board's Public Information List.

The Board holds the following categories of documents:

• Annual reports,
• Board meeting documents (agendas and minutes),
• Complaint files,
• Computer records (databases, documents, spreadsheets),
• Correspondence,
• Files of individual registered practitioners and applicants,
• Financial records,
• Frequently Asked Questions and answers,
• General information files,
• Hearing decisions,
• Relevant journals, magazines and newsletters,
• Legal advices,
• Policies, guidelines and codes,
• The Register of Chinese Medicine Practitioners,
• Reports,
• Staff records, and
• Subcommittee meeting documents (agendas and minutes).

Access to information in some of these documents may only be possible under the FOI Act.

How to make a Freedom of Information(FOI) application

An FOI application form is available from this link or you may directly contact the Board and have one posted to you.

Your request should clearly set out the document(s) you require from us, as well as, provide sufficient detail to enable the document(s) you are seeking to be identified. If you are seeking access to documents relating to your own personal affairs, please attach proof of your identity (e.g. driver's licence, passport or health care card).

Application Fee

An application fee of $21.50 is required to make a valid application. Please remember to enclose a cheque /money order (payable to the Chinese Medicine Registration Board of Victoria) with the application.

The application fee of $21.50 may be waived if payment is likely to cause financial hardship. If this is the case, you must attach evidence of financial hardship such as a copy of your health care card or pensioner concession card with your request. The request must also be for information relating to your own personal affairs.

Costs

In addition to the application fee of $21.50, charges may also be incurred, depending on the nature of the request, for out-of-pocket expenses incurred by the Board. These may include costs such as:

• photocopying
• providing written transcripts of a recorded document, and
• staff time, including supervising an inspection of documents.

If the charges relating to your request are more than $50.00, you may be required to pay a deposit. You will be notified of this in writing.

How long will it take to process the request?

A written response to the request must be sent to you as soon as possible, but no later than 45 days from the payment of the application fee, or when evidence of financial hardship is received.

Request May be Refused

Access to requested information may be refused in certain circumstances, in line with the FOI Act. This information is called "exempt" and includes documents which

• affect the personal affairs of another person,
• are commercially confidential,
• concern law enforcement, or
• contain information supplied in confidence.

In some cases you may be refused access to an entire document but alternatively, you may be given access to a document with exempt information deleted.

Correction of Personal Records

Every person has the right to request the correction or amendment of personal information, held by the Board, which s/he believes is inaccurate, incomplete, out of date, or misleading. A request to amend documents must be made in writing with details of why the information is considered incorrect. Please note, that you may be required to provide evidence to support your request.

Time Limits

Once your FOI application has been received, together with the application fee or evidence of financial hardship, the Board must respond to you in writing, outlining its decision, as soon as practicable no later than 45 days from the date your request was received. A decision in relation to a request to amend personal records must be made as soon as practicable and no later than 30 days from the date the request was received.

Reviewing of a Decision

If the FOI Officer denies you access to the documents you sought, refuses an amendment of personal records, or you are not satisfied with the decision made, you can apply in writing to the Registrar for an internal review of the decision. This will be carried out by the President of the Board (or delegate). Your request for an internal review must be in writing and be lodged within 28 days of the date of the original decision. The original decision will be reviewed and a decision forwarded to you within 14 days of receipt of the internal review request.

If you wish to appeal further, you may apply to the Victorian Civil and Administrative Tribunal (VCAT) Appeals to VCAT must be lodged within 60 days of the date you are notified of the result of the internal review. VCAT's website is at: http://www.vcat.vic.gov.au/

Need More Information

For further details about how to apply under the FOI Act for documents held by the Chinese Medicine Registration Board, please telephone (03) 9499 3800.

For additional information relating to 'Freedom of Information', you may wish to visit the Department of Justice Freedom of Information website on http://www.foi.vic.gov.au (EXTERNAL LINK)

Freedom of Information contact details for the Chinese Medicine Registration Board Applications:

                   The FOI Officer
                   PO Box 5088,
                   ALPHINGTON,
                   Victoria, 3078
                   AUSTRALIA

Enquiries:  The Registrar or Assistant

                   Ms Debra Gillick or Ms Jill Birney
Phone:         +61 3 9499 3800
Fax:             +61 3 9499 8688
Email:          admin@cmrb.vic.gov.au

FREQUENTLY ASKED QUESTIONS

Can medical records be accessed from a private health care practitioner?

Although the Freedom of Information Act does not cover private healthcare practitioners, the implementation of the Health Records Act 2001 in July 2002, will enable the public to access their own health information. More information in relation to the Health Records Act 2001 and accessing your own health information can be found at http://www.health.vic.gov.au/hsc.

Can I find out who made a complaint about me?

Sometimes yes, sometimes no. Generally such information is provided, unless it is regarded as confidential, is not available, or for some other good reason.

Can someone else make a Freedom of Information request for me?

Yes, but the person must indicate in the request that they are doing this. For example, solicitors can make requests for their clients, as can other similar professionals. You will need evidence that the request is being made on your behalf. For instance, you can sign a short note that says:

'I, Debra Lee, authorise my daughter, Vanessa Lee to be given access to my personal information under the Freedom of Information Act on my behalf'.

Don't forget to sign and date the note. Also, you may be required to provide proof that the signature is yours, such as a certified copy of your driver's licence showing your signature.

I would like to get a copy of a tape made when I was interviewed.

For the purposes of 'Freedom of Information', a tape is no different to a piece of paper and a request can be made for this type of material. The types of documents that may be released include files, maps, films, microfiche, photographs, computer printouts, tape recordings and videotapes. You can apply for a copy of it in the medium it exists in, or you can request that it be made available for you to look at, hear or obtain a transcript. But you may be charged for this, so ask the FOI Officer about the charges.

Is there any information held by a statutory authority, which is not available?

Not all information is automatically made available when a FOI request is made. The FOI Act sets out a number of situations in which an agency may refuse a person access to the documents they have requested. The main situations are requests for documents:

• which affect the personal affairs of another person,
• which are commercially confidential,
• which would undermine law enforcement, or
• which contain information supplied in confidence.

What decisions can I have reviewed?

You may appeal if you are not happy with the decision made about your request for information. These decisions include:

• Refusing to give you access to all, or part of, the documents you have applied for.
• Allowing you to have access to the documents, but not in the form you want.
• Allowing you to have indirect access to medical information through a doctor, rather than giving you direct access to the documents yourself.
• Requiring you to pay an amount you think is too much for handling your request.
• Deciding to release personal information affecting you, or information you have provided about your business and commercial affairs, to another person who has made a FOI request for the information.
• Refusing to amend information about you that you think is incorrect, out of date or misleading.
• Taking longer than the time permitted to process your request and notify you of the decision. (The maximum time allowed for FOI requests is 45 days for the original request, 14 days for an application for an internal review, and 30 days for a request to amend personal records.)

Where can I get a copy of the Freedom of Information Act?

The Victorian Freedom of Information Act can be viewed online at http://www.foi.vic.gov.au.

You can also buy the Act from the Information Victoria Bookshop.

Some large libraries such as the State Library and University libraries should have a copy for you to look at. Some local libraries may also have copies. To check if your local library has a copy, contact your local library directly.