Abstract
This article explores legislative provisions in relation to patient privacy in the context of integrated health and social care and the development of multidisciplinary health care teams that include practitioners from private sector and government agencies in the health, education, child protection, family welfare, disability, aged-care, housing, local government and criminal justice sectors. The definition of a multidisciplinary health care team and the extent to which health information can be shared within the team is examined. Australian Commonwealth and State legislation provides for the sharing within a health care team of health information where that is for the primary purpose it was collected, and for a secondary purpose where that is directly related to the primary purpose, or might be reasonably expected by the patient for the provision of their care. For this purpose consent is not required.
Highlights
This article explores legislative provisions in relation to patient privacy in the context of integrated health and social care and the development of multidisciplinary health care teams that include practitioners from private sector and government agencies in the health, education, child protection, family welfare, disability, aged-care, housing, local government and criminal justice sectors
The Health Care Team in Legislation Whilst a patient may broadly expect that health information will be shared within a “treating team”, including multidisciplinary health care providers, it is not always clear who is a health provider, as not all practitioners will be registered under National Law [4] and may sit outside the “usual” understanding of a health professional
The general use and disclosure of health information (APP 6) permits organisations to use and disclose health information for the purpose for which it was collected and for other purposes that are related to the primary purpose and that are within the individual’s reasonable expectations (APP 6.2) [12]
Summary
This article explores legislative provisions in relation to patient privacy in the context of integrated health and social care and the development of multidisciplinary health care teams that include practitioners from private sector and government agencies in the health, education, child protection, family welfare, disability, aged-care, housing, local government and criminal justice sectors. It is generally understood that it is common practice for patient confidential information to be shared within health care teams.
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