Can our practice disclose an act, or threat, of violence by a patient?
If a patient is violent, or threatens violence, and you believe others may be in danger, there are circumstances in which you can make disclosures about the patient.
What do I need to consider?
All general practices must comply with the Privacy Act 1988 (Cth), the Australian Privacy Principles (APPs), as well as state and territory privacy laws.
The laws impose restrictions on the way information about patients can be collected, used (within the practice) and shared (outside the practice). ‘Health information’ has a broad definition under these laws and is likely to include information about an incident of violence or possible future violence.
Under APPs 3.4(b), 6.2(c), 8.2(d) and 9.2(d) you may disclose information without a patient’s consent for the purpose of lessening or preventing a serious threat to the life, health or safety of any individual, or to public health or safety.
To rely on this exception, it is necessary that obtaining consent from the patient is impractical or unreasonable, and that you reasonably believe that disclosure is necessary to prevent serious threat to the life, health or safety of any individual, or to public health or safety.
If you hold any concerns regarding whether disclosure is or is not appropriate, speak with your MDO.