Class Notes (1,053,406)
AUS (35,437)
Griffith (272)
Law (46)
Lecture 6

5035LAW Lecture Notes - Lecture 6: Australian Red Cross, Objective Test, Blood Transfusion

2 pages36 viewsSummer 2016

Course Code
Colleen Davis

This preview shows half of the first page. to view the full 2 pages of the document.
Confidentiality -protects information given in confidence
-Law, common law, equity and some statutes
-Not absolute
oSevere public health or safety
-Duty within equity
-Contract between patient and doctor
-Implied term of confidentiality
AMA Code of
-Maintain confidentiality
oSerious risk to patient or to other
oRequired by law
oApproved research
oOr other overwhelming societal interests
-Duty of confidence
-Tension between patient confidentiality and disclosure of information for public interest context
oRWH v General Pract Board Vic 2006
found child possibly drawfism – hysterical and suicidal demanding pregnancy be
all doctors and psychologists etc agreed she would kill herself if not abortion occurred
many problems arose and many people (incl medical board) got involved asking coroner
and others for information that the patient had not given consent for
privacy interest
Action -torts
oconsequences failed to take or took incorrectly
ocould result in some harm
oFurness v Fitchett
Nervous shock
Doctor gave woman’s husband a certificate for mental health for solicitor
without her knowledge
Certificate arose in divorce proceedings
oTerms in contract explain confidentiality
oregardless whether contract breached or tort committed
oIn order to raise an equity for breach of actual or threatened disclosure of confidential
information, the plaintiff has to show that
there is information that is confidential in nature
that it was provided in circumstances where there is an obligation of confidence
that there is actual or threatened unauthorised use of this information to the
detriment of the party who gave it
the information can be identified with a degree of specificity.
Objective test applies
Duty of
-Duty of confidentiality can be
Someone gives consent
to give information
Express = easy
Implied = difficult
oPublic interest
Outweighs confidentiality
Risk must be real and risk must be of serious
Preventing harm to others
W v Edgell
-Man who had killed 5 people held in secure hospital
-He wanted to be transferred to regional security unit
find more resources at
find more resources at
You're Reading a Preview

Unlock to view full version

Loved by over 2.2 million students

Over 90% improved by at least one letter grade.