Separated Parents

In Australia, the rights of separated parents to access their child’s medical records are governed by a combination of family law and privacy legislation. Here’s an overview tailored to the Australian context:

1. Legal Custody Arrangements:
   1. In Australia, the concept of ‘custody’ has been replaced by ‘parental responsibility’.
   2. Unless a court order states otherwise, both parents usually retain equal parental responsibility after separation.
   3. This includes the right to make decisions about their child’s healthcare and to access their medical records.
2. Family Law Orders:
   1. If there are specific Family Law Court orders in place, they may define and limit the rights of each parent regarding access to medical records.
      1. For example, a court might grant sole parental responsibility to one parent in certain circumstances.
3. Privacy Act and Health Records:
   1. The Privacy Act 1988 (Cth) and various state-based health records legislation govern the handling of personal health information.
   2. Under these laws, healthcare providers must protect the privacy of their patients, including children.
4. Age and Maturity of the Child:
   1. In Australia, the law also considers the age and maturity of the child. Older children, particularly those over 16, may be deemed competent to make decisions about their own medical treatment and access to their health records.
   2. In such cases, healthcare providers will consider the child’s views when responding to a request for access to medical records.
5. Best Interests of the Child:
   1. The overriding principle in Australian family law is the best interests of the child.
   2. Access to medical records by parents should align with this principle. 
   3. In situations where access to these records by a parent might be detrimental to the child’s wellbeing, healthcare providers may restrict access.
6. My Health Record System:
   1. Australia’s My Health Record system allows for the creation of an online summary of a child’s health information.
   2. Access to this system can be managed and restricted based on parental responsibility and court orders.
7. Sensitive Information:
   1. For sensitive health information, particularly as children reach adolescence, healthcare providers might limit parental access to protect the child’s privacy, depending on the child’s maturity and understanding.
8. Disputes Over Access:
   1. If there is a dispute over access to medical records, parents may need to seek a resolution through legal advice or mediation.
   2. In some cases, it may be necessary to go to court for a decision.
9. Requesting Access:
   1. To access a child’s medical records, a parent typically needs to make a request to the healthcare provider.
   2. The provider will assess the request based on legal criteria and the child’s best interests.
10. Professional Discretion:
    1. Healthcare professionals in Australia have a degree of discretion in deciding whether to release medical records to parents, especially considering the potential impact on the child’s wellbeing.

In summary, both parents generally have the right to access their child’s medical records unless there is a court order stating otherwise.

The child’s best interests, along with their age and maturity, also play a crucial role in determining access.