Petition Amend laws to enable greater access to post-death records

The petition of certain citizens of the State of Victoria draws to the attention of the Legislative Council that when a person dies, access to their medical, legal, and financial records can currently be denied, even to those who supported them most.

Current law, including the Health Records Act 2001, blocks access unless you are next of kin and hold probate, even when the next of kin had no involvement, gave their role to another person and/or was unavailable, inappropriate, or had no interest in pursuing post-death action. The only options are court processes which are usually long, costly, stressful, and often unsuccessful. These flaws delay justice, obstruct police, coronial and other investigations, conceal the truth, and deny closure or accountability. Entities across both public and private sectors including hospitals, care providers, financial institutions, police, courts, and government departments routinely reject access, regardless of the applicant’s actual role in the deceased’s life, due to these flaws. We call for a legally recognised 'post-death representative' category. Someone who is able to show genuine involvement such as a legal representative, unpaid carer, or nominated advocate who should be granted access via statutory declaration and supporting evidence, in alignment with relevant Commonwealth law.

This reform is essential to prevent delay, concealment and injustice, and to ensure truth and accountability are not denied to those best placed to seek it.

The petitioners therefore request that the Legislative Council call on the Government to amend relevant Victorian laws, including the Health Records Act 2001, to create a legal right of access to medical, legal, financial, police, court, coronial and administrative records after death to people who can demonstrate a genuine care, legal, or representative role to a deceased person and align Victoria’s post-death access framework with relevant Commonwealth laws.