Accessing Records via the Mental Health Act

Individuals who have received contact with the mental health service have the additional right to apply for access to their health records under the Mental Health Act 2014 (MHA 2014). This right is separate to the right to apply for access under the Freedom of Information Act (1992).

Section 248 of the MHA 2014

Under section 248 (1) of the Mental Health Act 2014 (MHA 2014), a person who is or was provided with treatment or care by a mental health service is entitled to inspect and be given a copy of any relevant document relating to them. This includes the whole or part of the person's medical record.

Exemptions

Access to documents is subject to certain exemptions which are outlined in section 249 of the Mental Health Act 2014 (external site).

Lodging a Request for Information under the MHA 2014

Application

A request to access documentation under the MHA 2014 can be made by:

• Writing to the Freedom of Information department
• Completing the appropriate form that is available from every clinic, ward and reception area
• Providing a clinician with your request, who will forward this to the Freedom of Information Department for processing.

Download the Request to Access Documents form (PDF 75KB).