Legal aspects of open disclosure

Legal history

In 2010, Professor David Studdert of the University of Melbourne conducted a review of the legal aspects of open disclosure in Australia. The review covered:

  • state apology laws
  • state and Commonwealth laws relating to qualified privilege
  • any other laws that bear upon the practice of Open Disclosure or that may affect the status of information conveyed in discussions regarding clinical incidents or adverse events with patients, families and carers.
  • interviews with key hospital staff exploring how well the legal framework surrounding open disclosure is currently used and understood.

Open disclosure resources

The findings of Professor Studdert's review were published in the Medical Journal of Australia:

The Medical Journal of Australia published a paper in May 2013 focusing on the legal aspects of open disclosure.

In this two-part BBC broadcast, Professor James Reason reports on open disclosure, including its statutory and medico-legal aspects.

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