Disclosing an act of sexual harassment by a patient

Can our practice disclose an act of sexual harassment by our patient?

If a patient poses a threat to the safety of staff and you believe others may be in danger, there are circumstances in which you can make disclosures about the patient. 

What does our practice need to consider?

All general practices must comply with the Privacy Act 1988 (Cth), the Australian Privacy Principles (APPs), and state and territory privacy laws.

The laws restrict how information about patients can be collected, used (within the practice) and shared (outside the practice). ‘Health information’ has a broad definition under these laws.

Under the APPs, you may disclose information without a patient’s consent, to lessen or prevent 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 impracticable or unreasonable
• 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

If you hold any concerns regarding whether disclosure is or is not appropriate, speak with your MDO.