A client of the TAC has a right of access to their personal information, health information and other information in relation to their claim, subject to the access rules set out in the Freedom of Information Act 1982 (the FOI Act) and to other limited exceptions e.g. where access may cause a threat to life or health. In most cases, whilst the access rules of the FOI Act will apply, it will not be necessary for a client of the TAC to make a formal request under the FOI Act to access most of the personal information held by the TAC about them.

A client of the TAC may also ask for amendment of their information under the FOI Act.

What this means

The TAC encourages its clients who wish to access the information held by the TAC about them to contact the TAC. The TAC will make most of the information held on the client’s claim file available to them free of charge and without the need to make a formal request under the FOI Act. See here for Details on how to get a copy of your TAC documentation.

If a request is necessary under the FOI Act, it must be in writing and identify the documents sought. The TAC will respond to the request within not more than 30 days. There are two types of costs involved in an FOI request; the application fee and access charges. These costs are set in accordance with the Monetary Units Act 2004. These fees may be waived for applicants seeking personal information who provide a copy of their current valid health care card or pensioner concession card.

There are some instances where the TAC may decline to release certain types of information. In those cases, the TAC will clearly state the reason for the denial of access and offer to discuss it with the client or arrange a health service provider to discuss it with the client.

Instances where access to information may be denied include; documents subject to legal professional privilege and internal working documents. In some cases, the TAC may release health information to a client’s designated treating doctor and/or specialist, or legal representative, rather than directly to them.

If a client is denied access on the grounds that giving them the information would pose a serious threat to their life or health they can get a second opinion. The client may nominate another health service provider of their own choice to review the decision to deny them access. In most cases the TAC will accept the nomination but the client may need to choose another one. That person would then look at the information, discuss it with the TAC and make a decision about whether or not if released it would pose a threat to the TAC client’s life or health.

The TAC can arrange changes to a client’s name, address, or bank details by contacting their claims manager or a TAC customer service representative.

A request to amend or correct any other personal information must be made in writing and addressed to the TAC Freedom of Information officer. In the request you must identify the information that needs correction and explain, and provide proof, that the information is inaccurate, incomplete, misleading or not up-to –date, and what the information should be. There is no cost to amend personal information.