KLE and Department of Health
(210565, 19 May 2009)
Section 53 and 54E – amendment of medical records – whether information is inaccurate, incomplete, out-of-date or misleading
The applicant applied to have various parts of her medical records amended on the basis that the information was inaccurate and/or misleading. The amendment application was comprised of 10 requests for amendment (Amendment Requests).
During the course of the external review the Department of Health, also known as Queensland Health (QH) agreed to amend the information (by way of alteration and notation) which was subject of three Amendment Requests (or parts of these Amendment Requests). In respect of the remaining Amendment Requests, Assistant Commissioner Corby found that some of these comprised no more than criticisms about aspects of the medical care received and the record-keeping practices of the facility and did not take the form of a request for amendment. In relation to these Amendment Requests, Assistant Commissioner Corby decided that there were no amendments to be made in accordance with the Freedom of Information Act 1992 (Qld) (FOI Act).
Of those remaining Amendment Requests which sought the amendment of information, Assistant Commissioner Corby found that the applicant had not provided sufficient evidence to demonstrate that the information which was the subject of these Amendment Requests was inaccurate, incomplete, out-of-date or misleading for the purposes of section 54E of the FOI Act. Accordingly, Assistant Commissioner Corby decided that no further amendments should be made to the applicant’s medical records.