In 2010 Professor David Studdert of the University of Melbourne conducted a review of the legal aspects of Open Disclosure in Australia. The review covers state apology laws, state and federal laws relating to qualified privilege, and 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. It also contains interviews with key hospital staff exploring how well the legal framework surrounding open disclosure is currently used and understood.
The findings of the report have been published in the Medical Journal of Australia and can be accessed here:
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.