When people change dentists, the usual problem is not a refusal. It is asking the old practice for "my records" and receiving a one-page summary letter that tells the new dentist almost nothing. You have a legal right to see and copy the information a practice holds about you, and the way to make that right useful is to ask for specific items by name. This guide covers the list, the rules on fees and timing, and where to go if a request stalls.
Your right of access, in brief
Private dental practices are covered by the Privacy Act 1988. Australian Privacy Principle 12 gives you the right to request access to the personal information a practice holds about you, which includes clinical notes, X-rays, charts and clinical photographs.
The practice usually keeps the original file it created, and you have a right to access the information in it. In practice that means you receive copies rather than the original. Digital X-rays and notes are easy to copy, so this rarely causes a problem.
The Office of the Australian Information Commissioner (OAIC) publishes guidelines on APP 12. They say:
- a practice cannot charge you for making a request
- it may charge for giving access, but the charge must not be excessive, for example more than the actual cost of providing access, and must not be used to discourage requests
- it should respond within a reasonable period, which as a general guide should not exceed 30 calendar days
The guidelines list the limited grounds on which access can be refused. An unpaid account is not one of them. A balance owing is a separate debt matter and is not a reason to hold back your health information.
A checklist to send the old practice
Copy this list into your request and delete anything that does not apply.
- Panoramic X-ray (OPG), with the date taken
- Bitewing X-rays, the most recent set and earlier sets if available
- Periapical X-rays, especially of teeth with root canal treatment, posts, implants or past injuries
- Gum charting, with pocket depths and bleeding scores if recorded
- Clinical and treatment notes for the period you attended
- Clinical photographs
- Referral letters and reports from specialists
- Laboratory details for crowns, bridges, dentures or appliances, and the implant system used if you have implants
The implant detail is easy to overlook. Without it, a later repair to an implant crown can turn into a search for compatible parts.
Which records help most, and how long they stay useful
| Record | What it tells the new dentist | How long it stays useful |
|---|---|---|
| OPG | Overview of both jaws, sinuses, joints and unerupted teeth | Often useful for some time if it is good quality |
| Bitewings | Decay between back teeth and bone levels | Date more quickly, since decay can progress |
| Periapicals | Whole tooth to the root tip | Valuable as a baseline even when a new image is needed |
| Gum charting | Pocket depths and bleeding at earlier visits | A comparison point for future charting |
| Notes and letters | What was done, found and discussed | Often the most valuable item for continuity |
Bringing X-rays can spare you a repeat
Every dental X-ray needs a clinical reason, because doses should be kept as low as reasonably achievable. If you had a good quality OPG a couple of months ago, a new practice generally should not retake it just because it is new to them.
The reverse also holds. An X-ray from several years ago shows your teeth as they were then, and decay or bone loss may have changed since. Whether an older image is still adequate depends on its quality, its age and the question being asked, and that is the treating dentist's call. Our guides to the different types of dental X-ray and how often X-rays are taken explain more.
Making the request
No particular form is required. Some practices take requests at the front desk, some use a form or portal, and many accept email. Whatever the method, put it in writing so there is a record of what you asked for and when. Include:
- your full name and date of birth
- roughly when you attended
- the checklist of items
- where to send them, and that you would like X-rays as digital image files
If it has been some years since your last visit, mention that, as older files may be archived and take longer to find.
Alternatively, your new practice can request the records for you with your signed consent. That often goes smoothly, because clinicians know which items to ask for. It is also worth doing before a second opinion, which is much more useful with the earlier images in hand.
How long practices keep records in NSW
The NSW Information and Privacy Commission's guide for private health service providers explains that, under the Health Records and Information Privacy Act 2002, health information must be kept for seven years from the last occasion a health service was provided to an adult. If the information was collected while the patient was under 18, it must be kept until the patient turns 25.
The Dental Board of Australia retired its separate guidelines on dental records on 1 October 2020, and its Code of conduct is now the main source of guidance for dentists on keeping records.
If a practice has closed, the records should still be held by someone. A starting point is to contact the former dentist, whose registration details appear on the public register kept by Ahpra.
If a request goes unanswered
Most problems are fixed by a second, clearer written request that refers to APP 12 and the OAIC guidance. If that does not work, choose the body that fits the issue:
- Office of the Australian Information Commissioner for a refused or ignored access request under the Privacy Act.
- NSW Information and Privacy Commission for questions about the NSW health records law.
- Health Care Complaints Commission and the Dental Council of NSW for concerns about care or a practitioner's conduct. In NSW these bodies share complaint handling, and Ahpra's role is the national register rather than complaints.
Questions about dental records
Can I just collect the original file?
Usually not. The practice keeps its file and gives you copies. For digital records, copies are just as useful.
Can the practice charge me?
Not for making the request. It can charge a fee for providing access, but the fee must not be excessive and, where practicable, you should be told about it in advance.
Will my new dentist definitely reuse my old X-rays?
If they are recent and of good quality for the question at hand, often yes. If they are old or unclear, a new image may be needed, and your dentist should explain why.
Can I ask for records from a practice I left years ago?
Yes, although very old records may no longer exist. In NSW, adult records must be kept for at least seven years after your last visit, and information collected before you turned 18 must be kept until you are 25.
Moving your care to us
With your written consent, Lumi Dental in Melrose Park can request your records from a previous practice and review them before suggesting any new X-rays. To see how a first appointment runs, read what to expect at a first adult visit, and for what comes afterwards, how to read a treatment plan. New patient options are on our current deals page.
This article is general information about record access in Australia and is not legal advice or a substitute for personal dental advice; please raise your own situation with the practice involved or the relevant regulator.
