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Guidelines and Policies

Information Sheet (Private Sector) 24 – 2008: Disclosure of health information and impaired capacity Cth Private
Privacy Commissioner Guidance as to when it is appropriate to disclose information about a patient who lacks capacity to family members or persons responsible.

Legislation

Criminal Procedure Act 1986 (NSW), Pt 5, div 2 NSW

Evidence Act 1995 (NSW), s 126H NSW
A limited privilege exists in NSW for sexual assault communications which protects health professionals who receive information from victims of sexual assault.

Toolkits and Protocols

Confidentiality
British Medical Association

Confidentiality
General Medical Council

Ethical Obligations about Confidentiality
The center for ethical practice

Patient Confidentiality
American Medical Association (AMA)

Patient confidentiality
Nuffield Council on Bioethics

Cases

R v Leung [2012] NSWSC 1451 NSW
In the course of a mental health assessment the accused made a number of admissions to a nurse relating to his role in the death of the victim. Price J found the nurse’s evidence should be excluded as it was a protected relationship under s126A of the Evidence Act 1995 (NSW).

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