Confidentiality and Privilege

Question 1

What is confidentiality?

Answer 1

Duty not to disclose any client information without their informed consent

Question 2

What is privilege?

Answer 2

Information obtained through a confidential relationship that cannot be used as evidence in court.

Question 3

When considering admission of evidence in court, a judge must weigh up two competing imperatives. What are these?

Answer 3

Public interests vs protecting confidentiality and privacy of individuals.

Question 4

What 3 legal documents cover confidentiality in NZ?

Answer 4

The code of health and disability services consumers rights
The privacy act
The health information privacy code

Question 5

What does rule 11 of the privacy code state?

Answer 5

If disclosure necessary to prevent a serious threat to the life or health of an individual(s) then you are protected from legal action.

Question 6

What does section 15 of the Oranga Tamariki Act state?

Answer 6

Any person who believes a child has been, or is likely to be abused or neglected may disclose this to oranga tamariki or the police.

Question 7

What does section 16 of the oranga tamariki act state?

Answer 7

Any person who reports concerns about child abuse or neglect is protected from civil or criminal action.

Question 8

What does section 14 of the oranga tamariki act define?

Answer 8

A vulnerable child who is suffering or is likely to suffer serious harm.