Whose business is it?
As a general rule, the staff of a public mental health service or government-funded psychiatric disability support service are obliged to keep your personal information confidential.
If they want to release some of this information, they must ask your permission. They should only give it to the specific people or for the specific purposes you have authorised. However, there are some exceptions to this. For example, information may be released: -
- when it is related to your psychiatric treatment and is required by other staff who are on the treatment team
- when it is related to your ongoing care and is reasonably required by your primary carer
- when it is required for a court in the course of criminal proceedings, or
- to lessen or prevent a serious and imminent threat to your life, health, safety or welfare or a serious threat to the public's health, safety or welfare.
A person may be prosecuted for breaching confidentiality. Punishments can include a fine of up to $5,000. If you need further information you should contact a lawyer.
Information Privacy Rights
New laws in 2002 mean you can take action if almost any type of organisation, service provider or therapist breaches your privacy in relation to information they hold about you. These laws apply to public and private service providers and organisations and not just health services.
You can get assistance from the Health Services Commissioner or the Federal or Victorian Privacy Commissioner (see the Links page) about the best action to take.
It is always a good idea to speak to a lawyer about this if you can, because the laws are complex and time limits may apply.
* Some information on this page has come from the booklet "Patients' Rights - A Self-Help Guide To The Victorian Mental Health Act" produced by the Mental Health Legal Centre.
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