How to Get My Deceased Spouse’s Medical Records

Medical records in Australia are protected under strict privacy legislation—even after a person has died. However, authorised individuals such as the executor of the estate or a legal representative may apply to access them. These records can be useful for confirming causes of death, settling insurance claims, or understanding medical history.

Who Can Request Access?

Typically, you must be:

• The executor or administrator of the estate (with a grant of probate or letters of administration)

• A legal representative (e.g., solicitor) acting on behalf of the family or estate

• A close family member with valid reason, subject to hospital policy and privacy laws

  
  

What Information Will Be Released?

You may receive:

• Hospital records

• Treatment history

• Diagnosis reports

• Information related to the cause of death

  
  

What You’ll Need to Provide:

• A certified copy of the death certificate

• Proof of your identity

• Legal documents showing authority (e.g. probate)

• A completed access request form from the healthcare provider

  
  

Where to Apply:

Requests should be directed to the relevant hospital or healthcare provider. Public hospitals typically manage records via their state health department:

• VIC – Health Information Access

• NSW – Privacy and Access to Health Records

• QLD – Right to Information and Privacy

  
  

How Long Are Records Kept?

Hospitals usually retain records for 7–15 years, depending on the state and age of the patient.

Special Cases:

• Mental health records or sensitive cases may require additional permissions.

• Some GPs and private specialists may not retain files long-term, so contact them promptly.