Service of legal documents

Service of subpoenas and other legal documents

What is a subpoena?

A subpoena is an order to produce documents to a court or tribunal.

Accessing your own My Health Records information

If you want your own My Health Records information, or health information about anyone for whom you are an authorised representative, you don’t need to file a subpoena. You can access any information we hold on your My Health Record by logging into MyGov or by using the My Health Records app. You can find more information on the My Health Record page.

Accessing someone else’s My Health Records information

It is only in very limited circumstances that the Agency is required to disclose documents containing health information from a person’s My Health Record under a subpoena. These circumstances include where the:

• request is made by the Coroner
• dispute being heard by the court or tribunal is about the way that the My Health Records Act 2012 applies; and/or
• person to whom the information relates gives us their clear written consent to release the information under the subpoena. However, it is usually quicker and easier for the person or their authorised representative to access the information themselves and provide that information.

In all other circumstances, we cannot provide any documents to the court or tribunal. If you send us a subpoena seeking documents containing information we cannot provide, we will contact you and the court, and explain the reason. We may ask the court to order you to pay our costs if the subpoena is not then withdrawn.

How to serve a subpoena on the Agency

Subpoenas and other court orders should be addressed to:

The Proper Officer
Australian Digital Health Agency
GPO Box 9942
Canberra ACT 2601

Please also send a copy of the subpoena or court order by email to pmu@digitalhealth.gov.au so that it is actioned promptly.