Accessing medical records is not always straight forward.

Under the Access to Health Records Act (1990) only certain people have the right to access medical records of someone who has died:

  1. The personal representative of the person who has died. If your relative had a will than the executor of the will be the personal representative. If there is no will, then you will have to apply to the Administrator. Information about how to do this can be found here. Once you have a Grant of Letters of Administration you do not need to provide any reasons for requesting records. This is the most practical way of accessing them.

  2. Anyone who may have a claim resulting from the person’s death can also apply to access medical records. If you do not want to bring claim or do not want to be involved in a legal process such as a medical negligence claim they may deny you access to your relative’s medical records.