Applications for access to public hospital documents are to be made under the freedom of information legislation, Government Information (Public Access) Act 2009 (NSW).

Applications for access to health records to private hospitals and private practitioners are made under the Health Records and Information Privacy Act 2002 (NSW). Health records means personal information that is information or opinion about the physical or mental health or disability of an individual or that individual's wishes about the future provision of health services or the health services that have been or are to be provided. A patient has a right to obtain a copy of or inspect health records. The patient is to request access in writing with particulars of the name, address, and sufficient information to identify the health information. The request must specify the form of access to be provided.

Access is to be provided within 45 days by allowing the individual to make a copy of the file or inspect the file and make handwritten notes. Where access is refused written reasons must be given for the refusal within 45 days of the date of the request. There are limited grounds upon which a refusal may be based. If no response is received or the request is refused by the practitioner or private hospital a complaint may be made to the Office of the Privacy Commissioner NSW (02) 8019 1600.

A guardian appointed under an enduring guardianship appointment has the same rights to access personal information as the individual who made the guardianship appointment.

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