Difference between revisions of "Physician-Patient Privilege"

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Medical privilege exists in 3 states: Tasmania, the Northern Territory, and Victoria. In these jurisdictions, privilege is limited to civil cases.  
 
Medical privilege exists in 3 states: Tasmania, the Northern Territory, and Victoria. In these jurisdictions, privilege is limited to civil cases.  
  
''Tasmania'':  
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'''Tasmania''':  
 
"(1) A medical practitioner, without the consent of his or her patient, must not divulge in any civil proceeding any communication made to him or her in a professional capacity by the patient that was necessary to prescribe or act for the patient unless the sanity of the patient is the matter in dispute.
 
"(1) A medical practitioner, without the consent of his or her patient, must not divulge in any civil proceeding any communication made to him or her in a professional capacity by the patient that was necessary to prescribe or act for the patient unless the sanity of the patient is the matter in dispute.
 
(2) A person who has possession, custody or control of any communication referred to in subsection (1) or of any record of such a communication made to a medical practitioner by a patient, without the consent of the patient, must not divulge that communication or record in any civil proceeding unless the sanity of the patient is the matter in dispute."<ref>Tasmania Evidence Act 2001, section 127A, available at http://www.austlii.edu.au/au/legis/tas/consol_act/ea200180/s127a.html. </ref>
 
(2) A person who has possession, custody or control of any communication referred to in subsection (1) or of any record of such a communication made to a medical practitioner by a patient, without the consent of the patient, must not divulge that communication or record in any civil proceeding unless the sanity of the patient is the matter in dispute."<ref>Tasmania Evidence Act 2001, section 127A, available at http://www.austlii.edu.au/au/legis/tas/consol_act/ea200180/s127a.html. </ref>
  
''Victoria'': "No physician or surgeon shall without the consent of his patient divulge in any civil suit action or proceedings (unless the sanity or the testamentary capacity of the patient is the matter in dispute) any information which he has acquired in attending the patient and which was necessary to enable him to prescribe or act for the patient."  <ref>Victoria Evidence Act 1958, section 28, available at http://www.austlii.edu.au/au/legis/vic/consol_act/epa1958361/s28.html. </ref>
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'''Victoria''': "No physician or surgeon shall without the consent of his patient divulge in any civil suit action or proceedings (unless the sanity or the testamentary capacity of the patient is the matter in dispute) any information which he has acquired in attending the patient and which was necessary to enable him to prescribe or act for the patient."  <ref>Victoria Evidence Act 1958, section 28, available at http://www.austlii.edu.au/au/legis/vic/consol_act/epa1958361/s28.html. </ref>
  
''Northern Territory'': "A medical practitioner shall not, without the consent of his patient, divulge in any civil proceeding (unless the sanity of the patient is the matter in dispute) any communication made to him in his professional character by the patient, and necessary to enable him to prescribe or act for the patient."  <Ref>Northern Territory Evidence Act, section 12, available at http://www.austlii.edu.au/au/legis/nt/consol_act/ea80/s12.html.</ref>
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'''Northern Territory''': "A medical practitioner shall not, without the consent of his patient, divulge in any civil proceeding (unless the sanity of the patient is the matter in dispute) any communication made to him in his professional character by the patient, and necessary to enable him to prescribe or act for the patient."  <Ref>Northern Territory Evidence Act, section 12, available at http://www.austlii.edu.au/au/legis/nt/consol_act/ea80/s12.html.</ref>
  
 
===New Zealand===
 
===New Zealand===

Revision as of 13:26, 4 October 2010