Medical
3. Duties of Health Professionals
Authors: Staff Legal Eagle
Firm / Chambers:
Last updated: 20 Aug 2015
- All health professionals have a duty to maintain a professional boundary with patients. This includes:
- not engaging in any sexual activity with a current patient regardless of consent;
- not intimidating or harassing a patient;
- obtaining consent prior to assessing or treating a patient;
- providing advice, care and treatment to a professional standard;
- behaving appropriately and treating patients with respect; and
- maintaining confidentiality.
- The law places reporting duties on health professionals.
- In some states it a crime to conceal information about a person who has committed a serious indictable offence.
- The law offers some protection if the information was obtained while practicing your health profession.
- In some states there are mandatory reporting obligations on professionals who in the course of their profession have reasonable grounds to suspect that a child is at risk of significant harm.
- In some states there is a mandatory (compulsory) reporting obligation on health practitioners and hospital CEOs to notify the Director-General of diseases such as AIDS, cholera, diphtheria, measles and tuberculosis.
- Strict time frames may apply.
- For example in New South Wales all notifications are strictly confidential and must be made within 24 hours of diagnosis.
- You need to check the relevant legislation in your state and territory. If you are unsure about your reporting obligations under the law a specialist lawyer can assist you. You can use our free Find a Lawyer directory to contact a lawyer near you.
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