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DVA FACTS
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Freedom of Information
Access to Information About You
Purpose
This Factsheet explains your right of access to information about you and how you may access this information.
Objective of the FOI Act
The Commonwealth Freedom of Information Act 1982 (the FOI Act) creates a right of public access to documents held by Australian Government, Ministers and Agencies. It also creates a right to amend records containing personal information that is incomplete, incorrect, out of date or misleading.
Your right of access to information
The FOI Act gives you a right of access to documents, including written or printed matter, maps, plans or photographs, films, audio tapes, video tapes and computer records. It means that you can ask for copies of documents and to look at or inspect the files, including those relating to you. You can also authorise someone else to ask on your behalf for copies of documents or view the files relating to you.
If you have a current claim under the Safety, Rehabilitation and Compensation Act 1988 (SRCA) or the Military Rehabilitation and Compensation Act 2004 (MRCA), you can access documents relating to that claim for free under these Acts. Contact your claims assessor or TMS officer for further information on how to use the SRCA or MRCA access provisions. You should not use the DVA FOI Application form when seeking access to documents under these access provisions.
How do I request access?
All Freedom of Information requests must be in writing. When you write to us, be sure to include enough information to enable us to identify both you and the documents you want. Also include your telephone number. If you wish we will make copies of the documents you want and post them to you. You can also ask to inspect the files relating to your request at any DVA office To assist you in making your request, you may use the DVA FOI Application form (D8601) on the DVA website or available from any DVA office.
What costs are involved?
If the documents you need are related to a current claim for pension or to prepare applications for review of pension under the Veterans’ Entitlements Act 1986, there is no fee. All other requests must be accompanied by the $30 fee. If you do have to pay an application fee, there may be additional charges for processing your request. The amounts we can charge are set by the Freedom of Information (Fees and Charges) Regulations. We may waive all or part of the application fee for any reason, including where the payment would cause financial hardship, or giving access to the information would be in the general public interest.
What documents are held by DVA?
The documents held by DVA include:
· service and medical records if you have lodged a claim
· World War II Army medical records
· medical records for RAAF ex-members discharged prior to 1952
· medical reports relevant to any claims lodged since discharge either under the Veterans’ Entitlements Act 1986, the Safety, Rehabilitation and Compensation Act 1988 or the Military Rehabilitation and Compensation Act 2004
· clinical notes about in-patient treatment at former Repatriation General Hospitals.
Service Records from World War I and World War II are held by the National Archives of Australia and copies can be purchased from there. For further information on purchasing Service Records refer to DVA Factsheet FIP03: Records relating to Veterans, Former and Serving Members.
Which documents can’t I have access to?
We rarely refuse requests for access. When we do, it may be because:
· we do not have the documents you are seeking, or
· the documents you want contain personal information about someone else.
If we are unsure about the effect of disclosure of certain medical information, we may decide to send the report to a doctor of your choice. You can then discuss the matter with the doctor.
What happens when access is refused?
If access is refused we are required to give reasons for the decision and to explain your rights of review. You can seek an internal review of the decision and if this is unsatisfactory, you can appeal to the Administrative Appeals Tribunal.
Can I have records about me changed if they are wrong?
If you believe that information in records containing personal information about you is incomplete, incorrect, out of date or misleading, you have a right to ask that it be corrected. If one of these grounds is established, the information will be amended. The FOI Act does not provide for the deletion of information or records.
How do I have records amended?
To amend or annotate a record, write a letter specifying the document you consider contains personal information about you that is incomplete, incorrect, out of date or misleading.
You also need to provide details about:
· the information that is claimed to be incomplete, incorrect, out of date or misleading;
· your reasons for claiming; and
· how you wish the document to be amended or annotated.
If you want to amend your Service Records, you need to write to the Department of Defence. These records belong to the Department of Defence and are only on loan to DVA.
Your privacy
The Commonwealth Privacy Act 1988 obliges us to protect you from unwanted or unnecessary intrusion into your private life and to follow certain standards in managing the information you give us.
Other fact sheets
Other Factsheets related to this topic include:
· Privacy: FIP 02
· Records Relating to Veterans, Former and
Serving Members: FIP 03
More information
For more information about access to information, contact the Freedom of Information Officer in your local office. The phone numbers for each state are:
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State Office |
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02 9213 7778 |
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03 9284 6322 |
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07 3223 8819 |
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08 9366 8297 |
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08 8290 0495 |
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03 6221 6680 |
All DVA fact sheets
are available on request from any DVA office or on the DVA website at www.dva.gov.au/factsheets/default.htm.
If you need more
information about this topic, contact your nearest DVA office or visit the DVA
website at www.dva.gov.au
You can
telephone DVA for the cost of a local call* on:
133 254 -
general inquiries
1800 555
254 - non-metropolitan callers.
Note: *If
you use a mobile phone, calls may be more costly. You are advised to use a
normal phone (a landline phone) when ringing these numbers.