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What to expect when accessing records about you

Who can access records about me?

For many people, these are not just records or pieces of paper, they represent a part of their life. [1]

There is legislation that enshrines your right to access personal information that other organisations have about you.

The organisation that created the record needs to be accountable for its actions as your former guardian, and for this reason it needs to keep the original copies of the records. The law (and, usually, the internal policy of an organisation) states that the 'care' provider must keep its client files in perpetuity. Inquiries like 'Forgotten Australians' and 'Bringing them home' have also stipulated that these records are never to be destroyed.

However, in the case of some records on your file (like personal letters, school reports, photographs) the organisation will give the original records back to you, and keep a copy for its files.

It is clear that not everyone believes that the records of care leavers should be in the custody of the 'care' provider or the government.

Some people feel anger that their records are held by the organisations and institutions where they had such negative experiences as children. This can lead to reluctance to even approach the organisation to seek access. For people who experienced abuse in 'care', this is a significant issue.

Some people argue that the records should be given back, repatriated (released and transferred) to another archive, or destroyed (with the informed consent of the person concerned).

Why have they got records on us? I'm not a criminal. I never have been a criminal and I object to the government holding records on me. I didn't do anything wrong and I want those records to be - if they don't want to hand them over to me, then destroy them in front of me. I don't see why I should have that humiliation. [2]

The government or a community service organisation might be the custodian, but you still have a right to access records if they contain information about you.

You may also be given the opportunity to add information to the files an organisation or government department has about you, as a way of completing the picture, and making sure that your voice is included.