Consent and confidentiality are critical components of safe and effective aftercare. People have the right to choose who has access to their health information.
Consent and confidentiality protect consumer privacy, public confidence and the integrity of the health system. In the context of aftercare, this is especially important when:
- sharing information with other services, carers, family members, friends and kin
- sharing safety and support plans
- involving others in a person’s care
- providing notification of an escalating suicide risk.
Gaining consent
Consent can be given or withdrawn at any time. Check in regularly with the consumer about their consent preferences.
The following information highlights key considerations, laws and processes for gaining consent and maintaining confidentiality. This is a guide only. Some information may apply to clinical services within NSW Health. While aftercare is a non-clinical service, the principles and guidance are still applicable in the context of aftercare.
NSW Health provides guidance for assessing a minor’s capacity to consent to medical treatment. The Consent to Medical and Healthcare Treatment Manual (section 8. Minors) states:
- For people aged 13 years and under, consent from a parent or guardian must be obtained.
- For people aged 14 and 15, consent from the young person may be sufficient. However, the consent of a parent or guardian should also be obtained, unless the young person objects. The Gillick Case is a relevant factor in assessing if a minor has capacity for consent; that is, a child’s capacity increases as they approach maturity, or the authority of a parent decreases as their child’s capacity increases.
- For people aged 16 and 17, consent of the individual will be sufficient in most cases.
Some people receiving aftercare may have reduced capacity to consent; for example, due to cognitive or developmental disability or age (younger or older people).
The Information and Privacy Commission (IPC) NSW recommends best practice for collecting, using and disclosing personal and health information about people with reduced decision-making capacity.
Refer to the following IPC resources:
Listening to family members, carers, friends or kin who choose to share information does not breach confidentiality.
Consumer consent is essential before contact is initiated with carers, family, friends or kin.
Consumers have the right to not give consent for contact to be made, or information to be shared, with their support networks. This may be for many reasons, such as relational dysfunction, privacy, shame and stigma, or safety concerns, such as domestic and family violence. Breaches in confidentiality may cause serious harm.
Providers must obtain written consent from the consumer for any communication between aftercare providers and identified supports.