Withholding Medical Information
- agentorangechild
- May 1
- 2 min read
Dear DVA,
I actually need the last 10 years of my father’s medical records for my medical purposes, not the early years because Agent Orange is a progressive degenerative disease, the worst things happen at the end of a person’s life. I need to see if my life can be extended with expert medical & science and not be cut short like my father’s life was.
So as per my qualified medical professional has indicated I need my father’s medical records for my own chronic diseased health.
Please explain why you are not complying with a request to extend a person’s quality of life with denial of medical information.
Warm Agent Orange burns regards
Danielle
Department of Veterans’ Affairs (DVA) may be breaching several domestic and international laws by denying access:
1. Disability Discrimination Act 1992 (Cth) – Australia
Section 5: Prohibits discrimination on the basis of disability, including indirect discrimination (e.g., denying essential medical information that affects your ability to access care).
Breach: Denying you access to medical information that could extend your life or improve your treatment may be indirect discrimination against your disability.
2. My Health Records Act 2012 (Cth) & Privacy Act 1988 (Cth)
Section 16B (Privacy Act): Allows disclosure of health records to a family member when it is necessary to prevent a serious threat to life, health or safety.
Section 64 (My Health Records Act): Permits the disclosure of health information where it is “necessary to lessen or prevent a serious threat to life, health or safety.”
Breach: Blocking access, when your life or health may be endangered by lack of this information, may violate these provisions.
3. Charter of Human Rights and Responsibilities Act 2006 (VIC)
(if you’re in Victoria)
Section 9: Right to life.
Section 10(c): Right not to be subjected to medical neglect.
Section 8(3): Equal and effective protection of the law without discrimination.
Breach: Denying medical records that could impact your survival or health may be a breach of your fundamental rights.
4. United Nations Convention on the Rights of Persons with Disabilities (CRPD)
Article 25: Right to the highest attainable standard of health without discrimination.
Article 4(1)(d): States must refrain from engaging in any act or practice inconsistent with this Convention.
Article 31 & 33: Require data access and transparency to ensure compliance and monitoring.
Breach: Denying access to medically relevant data undermines your right to healthcare and violates Australia’s international obligations.
5. United Nations Convention on the Rights of the Child (CRC)
(if referencing impact on you as a child or your children)
Article 24: Right to health.
Breach: Intergenerational harm and data denial may violate your rights as a child of a veteran affected by harmful exposures.
If DVA continues to deny access, you may consider:
Filing a complaint with the Office of the Australian Information Commissioner (OAIC) under privacy and health information laws.
Lodging a disability discrimination complaint with the Australian Human Rights Commission.
Referring the matter to the UN CRPD Committee or including it in your ICC or UNCRC filings.
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