Judicial responses to the protected confidential communications legislation in Australia

The article examines the background, aims and scope of recent legislation enacted in New South Wales, Victoria and South Australia to protect from disclosure in court of "confidential communications" generated in the context of counselling persons who allege that they were victims of sexual offences. In drafting the "confidential communications" legislation, the legislators undertook a difficult task of balancing the public interest in therapeutic confidentiality that would encourage victims of sexual assaults to report these offences and seek psychological and psychiatric care on the one hand, and the public interest in fairness of the trial, which may be prejudiced by exclusion of evidence pertinent to the forensic process on the other. In South Australia this task was fulfilled with greater success than in New South Wales and Victoria.

To investigate the enforcement and effectiveness of the Bank Secrecy Act [microform] : hearing before the Subcommittee on General Oversight and Renegotiation of the Committee on Banking, Finance, and Urban Affairs, House of Representatives, Ninety-seventh Congress, second session, July 13, 1982.

"Serial no. 97-70."

Annual report of ex parte communications /

Pursuant to the Illinois Health Facilities Planning Board rules (77 Ill. Adm. Code 1925 293 e), the Illinois Health Facilities and Services Review Board is required to file an annual report of ex parte communications.

Currency and Foreign Transactions Reporting Act : exemption handbook.

Shipping list no.: 88-544-P.

Confidentiality and disclosure : assessment and intervention issues

This portfolio addresses the moral, ethical and legal issues that impact upon decisions to maintain or disclose confidential communications. The tensions and moral dilemmas that are created when a conflict between these aspects arises are considered. Risk assessment procedures that inform decisions to maintain or disclose confidential information are discussed, as are issues related to the practical implementation of planned interventions. The topic is addressed by firstly reviewing professional codes of conduct and legal requirements to maintain confidentiality. The limits of confidentiality and privileged communication are then reviewed together with legal requirements of “duty to warn” or “duty of care”. These requirements are then related to risk assessment procedures and relevant interventions. Four case studies that illustrate the practical application of assessment techniques in the decision process and planned interventions are presented. They cover such diverse topics as disclosure and suicidal intent, threat of harm to a third party, risk of transmission of the AIDS virus and “duty to warn” and maintenance of a minor’s confidential communications. The ways in which these issues were addressed and the outcome is presented. NOTE: All names and details that have the potential to identify the people whose cases are presented here have been changed to protect their anonymity.

A methodology for evaluating alternative technical and information management approaches to privacy requirements /

Prepared for the Institute for Computer Sciences and Technology, National Bureau of Standards.

Privacy of personal information /

WI docs. no.: Leg.3:SB/1976/4.

Department of Mental Health and Developmental Disabilities Confidentiality Act : (740 ILCS 110).

"P.A. 80-1508."

Department of Mental Health and Developmental Disabilities Confidentiality Act : (740 ILCS 110/1 et seq.).

"P.A. 80-1508."

Mental Health and Developmental Disabilities Code, with annotations of required forms.

Description based on: 1979.

Mental Health and Developmental Disabilities Confidentiality Act : effective January 1, 1979.

Cover title.

Mental Health and Developmental Disabilities Code /

"With annotations of forms required under the Mental Health and Developmental Disabilities Code effective January 1, 1979."-- p. [i].

Information security : federal agency use of nondisclosure agreements : fact sheet for the Chairman, Legislation and National Security Subcommittee, Committee on Government Operations /

"B-215075"--p. 1.