Confidentiality:

In broad terms, Confidentiality and Privacy are considered as interchangeable, however, it is important to note that although they do overlap the concept of Confidentiality is different to the concept of Privacy.

Confidentiality is a professional duty, whereby some aspects are covered by Legislation. Pursuant to the Health Practitioner Regulation National Law (NSW), Health Practitioners have a duty of Confidentiality. A Health Practitioner’s duty of Confidentiality may be further be governed and monitored by the Australian Health Practitioner Regulation Agency (AHPRA).

Health Practitioners and their associates, such as administrative staff, must not disclose any information about a patient to any third party. The relationship between a Health Practitioner and their patient is important and Confidentiality may be a large aspect of that relationship. Confidentiality aims to protect the patient and their health.

A breach of Confidentiality may lawfully occur in one or more of the following circumstances:

• Express or implied consent; or
• Legal requirements such as a Court order.

On the other hand, a breach of Confidentiality may occur because the health practitioner or associated employee did not comply with the law, or the obligations of their role.

As lawyers, we understand the importance of client Confidentiality and strive to provide you with a safe and professional environment. If you believe there has been a breach of Confidentiality it is important to seek independent legal advice.

Our Sydney Medical Lawyers and/or Mental Health Lawyers can meet with you to discuss your matter and assess if there has been a breach of Confidentiality, whether you have a claim arising from the breach and can work with you to resolve your matter. Our Medical Lawyers and Mental Health Lawyers can provide you with legal advice surrounding your rights and obligations and guide you through the legal processes.

If you require assistance in your Confidentiality matter, we invite you to contact our firm by telephone on (02) 9233 4048 or send an email to info@navado.com.au.

This webpage (and any material or wording appearing on this webpage) is provided for general information purposes only and does not constitute any Legal Advice. It does not take into account your objectives, your instructions or all of the relevant facts and/or circumstances. Navado accepts no responsibility to any person who relies on the information provided on this website. We further refer you to our Disclaimer.