Privacy and managing health information in general practice

Use and disclosure of health information


Subpoenas and disclosure required by law

Last revised: 24 May 2023

Subpoenas and disclosure required by law

In certain circumstances, GPs are required to disclose health information regarding communicable diseases, child abuse or for mandatory reporting purposes.

GPs might also receive requests for medical files as part of legal proceedings. These requests may occur where a patient is suing the GP or another organisation (such as an insurer) and the medical records are relevant, and appropriate legal advice should be sought where necessary.

What information is considered necessary is assessed on a case-by-case basis. If a GP deems it inappropriate to provide a patient’s complete health record despite a subpoena, they might have to justify this decision to the court. GPs and their practice should consult their own medical indemnity provider when considering responses to legal requests for medical information.

GPs might charge reasonable administration fees to produce these documents. The Australian Medical Association establishes a schedule of professional fees for this.9

 

  1. [Accessed 7 November 2022].
  2. [Accessed 16 January 2023].
  3. [Accessed 7 November 2022].
  4. [Accessed 16 January 2023].
  5. [Accessed 16 January 2023].
  6. [Accessed 16 January 2023].
  7. [Accessed 16 January 2023].
  8. [Accessed 8 November 2022].
  9. [date unknown] [Accessed 8 November 2022].
  10. [date unknown] [Accessed 16 January 2023].
  11. [Accessed 16 January 2023].
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