The State public sector in Western Australia does not currently have a legislative privacy regime. Various confidentiality provisions cover government agencies and some of the privacy principles are provided for in the Freedom of Information Act 1992. On 28 March 2007 the Information Privacy Bill 2007 was introduced to the WA Parliament. (See: http://www.privacy.gov.au/privacy_rights/laws/#4)

When a patient is in an Intensive Care Unit, they are frequently receiving strong pain-relieving and/ or sedative medications that will compromise their degree of consciousness and ability to hear and understand information. They may well be in a “medically-induced coma” for part of their stay. During this time, loved-ones, family and other associates of the patient commonly seek information for their own or on behalf of the patient’s interests. The patient should indicate their next-of-kin for the purpose of any dissemination of information about the individual’s medical condition, and the degree to which decisions may be made by that person on their behalf when they are medically incapable due to sedating medications or unconsciousness etc. The patient may set limits to whom and to what degree any information about their medical condition may be communicated to their loved-ones. Your specific wishes needs to be communicated in writing to the ICU. Our practice is to keep your next-of-kin informed and updated at all times of changes to the patient’s medical condition unless the patient has communicated their objection to this practice beforehand. The next-of-kin may also be called upon to make healthcare / treatment choices on your behalf and to consent on your behalf to recommended emergency treatments that are required during any time the patient is incapable of consenting.

Friends and other parties who phone for information will be directed to talk to you or the next-of-kin for any information you permit as the wider dissemination of your health information is a contravention of your privacy.

From the FAQ from the Office of the Privacy Commissioner:

Question: Is a health service provider required to give a representative of an individual access to that individual’s medical records?

Answer: National Privacy Principle 6 (NPP 6): Access and Correction does not specify how access to medical records should be given. The intention of NPP 6 is to encourage open communication between the individual and their health service provider by providing a general right of access to the health information held about them. In some cases, an individual may need a representative to assist them in gaining access to their medical record. For instance, an individual may be unable to exercise their access rights because they lack the legal capacity to do so, but their guardian (if they have one) may seek access, if the guardian has the appropriate legal authority. For more information on Disclosure of health information to a responsible person, see section 2.9 of the Guidelines on Privacy in the Privacy Sector.

A useful precaution for a health service provider dealing with a request for access by a representative (of an individual) is to check both the identity of the individual to make sure health information is not mistakenly disclosed and the authority of the representative. For more information, see the Guidelines on Privacy in the Private Health Sector