Confidentiality

  • Settling sexual harassment claims: Confidential or not?

    16th Jun 2022

    ‘Some Non-Disclosure Agreements go well beyond protecting the sanctity of the conciliation process or the confidentiality of the amount paid, and operate as a ‘gag’ order on the complainant about almost everything relating to the circumstances of their complaint. NDAs drafted in this manner involve a huge degree of overreach, which serves the interests of the perpetrator and/or their employer and their reputations, rather than the interests of the complainant.’ So writes Rachel Doyle SC – proposing an alternative approach that favours transparency and the broader public interest, particularly in cases where the perpetrator is a high profile individual. 

  • Can confidential medical records be subpoenaed in sexual assault claims?

    31st May 2018

    Angela Sdrinis discusses a recent Victorian case that will be of particular interest to abuse lawyers, exploring the question of whether medical records which contain confidential communications can be subpoenaed in matters of sexual assault.

  • Suicide Prevention and Self Care

    10th Dec 2015

    Lawyers regularly deal with clients who are facing trauma and may be at risk of suicide or self-harm. Lawyers are also vulnerable to vicarious trauma. We need to talk about suicide prevention and self care – not just for clients, but also for legal practitioners, writes Bill Sayers, National Manager of Hope for Life at The Salvation Army.