on this page
- What information we can provide
- Processing timeframes for Medicare Patient History and PBS Reports
- Information not for release
- What to include in court orders
- How to serve court orders
- What happens after the subpoena is served
- When we need more information
- When we can’t comply with the court order
- Where we send the documents sought in the court order
- What’s a Commonwealth Information Order
What information we can provide
Secrecy laws protect the information we hold about customers. This means we may not release all information in response to a court order.
You can look up the secrecy laws on the Federal Register of Legislation.
The following Medicare information may be produced in response to a court order.
Medicare Patient History Report (MPH) | The MPH report contains the following information:
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Pharmaceutical Benefits Scheme (PBS) Patient Summary | The PBS report contains the following information:
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Notices of Past Benefits (NoPB) and/or Notices of Charge (NoC) | NoPB or NoC provide the total amount recoverable amount for a compensation claim. |
Medicare History Statement (MHS) | MHS lists services identified for a specific period where the compensation claimant is required to identify if the listed services provided were to treat the compensable injury or illness. MHS contains the following information:
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Medicare Legislation:
- Section 130 of the Health Insurance Act 1973
- Section 135A of the National Health Act 1953.
Examples of other information we may be able to provide include:
- medical service provider reports
- employment records for current or former employees.
Processing timeframes for Medicare Patient History and PBS Reports
If you request Medicare Patient History and PBS data that is:
- less than 5 years old, it may take up to 2 weeks for us to comply
- older than 5 years, it may take up to 6 weeks for us to comply.
Some court orders that are considered complex may require an extension of time to comply. We will be in contact with you should an extension be necessary.
Information not for release
We do not release Centrelink or Child Support information in response to a court order. The below secrecy laws protect this information from being disclosed in response to a court order.
Centrelink Legislation:
- Sections 204 and 207 of the Social Security (Administration) Act 1999
- Section 167 of the A New Tax System (Family Assistance) (Administration) Act 1999.
Child Support Legislation:
- Section 16 of the Child Support (Registration and Collection) Act 1988
- Section 150 of the Child Support (Assessment) Act 1989.
What to include in court orders
Court orders should include the following details of the person whose records you’re requesting. This includes:
- their name and any other names known by
- their date of birth
- their address if known
- their Medicare number if known.
Other information that should be included in a court orders request includes:
- the documents you need
- the date range you need the documents to be provided for.
If this information is not included in the court order, there may be delays in processing your request.
Filing address
When filing your order with the court, use the following address:
The Proper OfficerSubpoena Team
Services Australia
18 Canberra Avenue
Forrest ACT 2603
How to serve court orders
Court orders should be served by email to subpoena@servicesaustralia.gov.au
We do not accept draft court orders.
What happens after the subpoena is served
When we can comply with an order, a conduct money fee will be charged. This fee covers our costs to access, collate and produce the requested documents to the court or tribunal.
The fee amount is $70.00.
We will give you a reference number which you’ll need to make the payment through Government EasyPay.
If you cannot use Government EasyPay, or if you’ve made an incorrect payment and need a refund, email: subpoena@servicesaustralia.gov.au.
Learn more about how to pay for access to a subpoena using Government EasyPay.
When we need more information
We may need to contact you or your legal representative to discuss the documents requested and the legal purpose for them.
We may ask you for background information about the proceedings and why the documents sought are relevant to them.
When we can’t comply with the court order
We may object to part or all of the court order. If this is necessary, we will contact you or your legal representative to discuss the matter.
If we can’t comply with a court order, we’ll ask you to withdraw it. We’ll do this before the date we’re due to send the documents to the court.
Where we send the documents sought in the court order
Depending on the type of court order served, information may be produced directly to the issuing court, tribunal, identified individual and/or their legal representative.
What’s a Commonwealth Information Order
Commonwealth Information Orders (CIO) are an order made by a court requiring us to provide information about the location of a child directly to a court.
All applications for CIO must be filed under Section 67N of the Family Law Act 1975 and not Section 67M.
The application and final order must be for the purposes of locating a child as required under Section 67N(2) of the Family Law Act 1975.
To serve us with a copy of your CIO application or final order, send an email to subpoena@servicesaustralia.gov.au
You do not need to pay for a CIO.