Misplaced Pages

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57-550: The UAM ran residential institutions for the care, education and conversion to Christianity of Aboriginal children, mostly on mission stations or in children's homes. It was mentioned in the Bringing Them Home Report (1997) as an institution that housed Indigenous children forcibly removed from their families . In 1924 the UAM opened its first mission at Oodnadatta . In 1926 the mission moved to Quorn , where it

114-418: A health care professional to share their information with another healthcare professional, even one giving them care—but are advised, where appropriate, about the dangers of this course of action, due to possible drug interactions. However, in a few limited instances, a healthcare worker can share personal information without consent if it is in the public interest. These instances are set out in guidance from

171-572: A client was about to commit murder or assault. The Supreme Court of California promptly amended the California Rules of Professional Conduct to conform to the new exception in the revised statute. Recent legislation in the UK curtails the confidentiality professionals like lawyers and accountants can maintain at the expense of the state. Accountants, for example, are required to disclose to the state any suspicions of fraudulent accounting and, even,

228-431: A client. The duty of confidentiality is much broader than the attorney–client evidentiary privilege , which only covers communications between the attorney and the client. Both the privilege and the duty serve the purpose of encouraging clients to speak frankly about their cases. This way, lawyers can carry out their duty to provide clients with zealous representation. Otherwise, the opposing side may be able to surprise

285-694: A future that embraces all Australians. A future where this Parliament resolves that the injustices of the past must never, never happen again. A future where we harness the determination of all Australians, Indigenous and non-Indigenous, to close the gap that lies between us in life expectancy , educational achievement, and economic opportunity. A future where we embrace the possibility of new solutions to enduring problems where old approaches have failed. A future based on mutual respect, mutual resolve and mutual responsibility. A future where all Australians, whatever their origins, are truly equal partners, with equal opportunities and with an equal stake in shaping

342-712: A national inquiry. Other state Aboriginal organisations were also active during this period. In 1992 then Prime Minister Paul Keating made his famous Redfern Park Speech in Redfern, Sydney , in which for the first time, acknowledgement was made that children were taken away from their mothers. In 1994, the Aboriginal Legal Service of Western Australia began soliciting statements from Aboriginal people who had been removed from their families as children or who were parents of removed children. The service interviewed over 600 people during this time and produced

399-415: A patient's consent to share personal confidential information is assumed. When personal confidential information is shared between healthcare workers, consent is taken as implied. If a patient doesn't want a healthcare worker to share confidential health information, they need to make this clear and discuss the matter with healthcare staff. Patients have the right, in most situations, to refuse permission for

456-464: A proud people and a proud culture, we say sorry. We the Parliament of Australia respectfully request that this apology be received in the spirit in which it is offered as part of the healing of the nation. For the future we take heart; resolving that this new page in the history of our great continent can now be written. We today take this first step by acknowledging the past and laying claim to

513-819: A report titled Telling our Story . The inquiry was primarily conducted by Sir Ronald Wilson , President of the Human Rights and Equal Opportunity Commission , and Mick Dodson , the Aboriginal and Torres Strait Islander Social Justice Commissioner. Indigenous women, appointed as co-commissioners, provided support to the people who gave evidence in each region the inquiry visited. The co-commissioners were: Annette Peardon, Marjorie Thorpe , Maryanne Bin Salik, Sadie Canning, Olive Knight, Kathy Mills , Anne Louis, Laurel Williams, Jackie Huggins , Josephine Ptero-David and Marcia Langton . The co-commissioners also assisted in

570-488: Is about to, provide the patient directly with healthcare to make sure they get the best possible treatment. They only share information that is relevant to their care in that instance, and with consent. There are two ways to give consent: explicit consent or implied consent . Explicit consent is when a patient clearly communicates to a healthcare worker, verbally or in writing or in some other way, that relevant confidential information can be shared. Implied consent means that

627-694: Is based in law, in the NHS Constitution, and in key NHS rules and procedures. It is also outlined in every NHS employee's contract of employment and in professional standards set by regulatory bodies. The National AIDS Trust's Confidentiality in the NHS: Your Information, Your Rights outlines these rights. All registered healthcare professionals must abide by these standards and if they are found to have breached confidentiality, they can face disciplinary action. A healthcare worker shares confidential information with someone else who is, or

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684-471: Is determined by the use of negative and positive freedom. Some legal jurisdictions recognise a category of commercial confidentiality whereby a business may withhold information on the basis of perceived harm to "commercial interests". For example, Coca-Cola 's main syrup formula remains a trade secret . Confidentiality agreements that "seal" litigation settlements are not uncommon, but this can leave regulators and society ignorant of public hazards. In

741-469: Is to succeed. First, the information itself, in the words of Lord Greene, M.R. in the Saltman case on page 215, must "have the necessary quality of confidence about it." Secondly, that information must have been imparted in circumstances importing an obligation of confidence. Thirdly, there must be an unauthorised use of that information to the detriment of the party communicating it. The 1896 case featuring

798-573: The National Inquiry into the Separation of Aboriginal and Torres Strait Islander Children from Their Families , notably the recommendation for an "apology". John Herron , then Minister for Aboriginal Affairs, said "the government does not support an official national apology. Such an apology could imply that present generations are in some way responsible and accountable for the actions of earlier generations; actions that were sanctioned by

855-519: The good clinical practice inspections in accordance with applicable national and international requirements. A typical patient declaration might read: I have been informed of the benefit that I gain from the protection and the rights granted by the European Union Data Protection Directive and other national laws on the protection of my personal data. I agree that the representatives of the sponsor or possibly

912-510: The therapeutic alliance , as it promotes an environment of trust. There are important exceptions to confidentiality, namely where it conflicts with the clinician's duty to warn or duty to protect . This includes instances of suicidal behavior or homicidal plans, child abuse , elder abuse and dependent adult abuse . Information shared by a client with a therapist is considered as privileged communication , however in certain cases and based on certain provinces and states they are negated, it

969-494: The Aboriginal people on behalf of all Victorians for the past policies under which Aboriginal children were removed from their families and expresses deep regret at the hurt and distress this has caused and reaffirms its support for reconciliation between all Australians". On 26 May 1999, the Queensland Premier, Peter Beattie , issued a parliamentary statement that included the following words: "This house recognises

1026-736: The Australian Capital Territory, Kate Carnell , moved a motion in the Territory Assembly that included the words: "that this Assembly apologises to the Ngunnawal people and other Aboriginal and Torres Strait Islanders in the ACT for the hurt and distress inflicted upon any people as a result of the separation of Aboriginal and Torres Strait Islander children from their families". On 18 June 1997, Bob Carr , Premier of New South Wales, issued an apology on behalf of

1083-546: The Australian Government for past government welfare policies which had separated children from parents on racial grounds. The Howard government moved in response to draft a Motion of Reconciliation to be delivered by the Australian Parliament . Prime Minister John Howard drafted the wording in consultation with Democrat Senator Aden Ridgeway , the only Aboriginal person then sitting in

1140-571: The General Medical Council, which is the regulatory body for doctors. Sometimes the healthcare worker has to provide the information – if required by law or in response to a court order. The National AIDS Trust has written a guide for people living with HIV to confidentiality in the NHS. The ethical principle of confidentiality requires that information shared by a client with a therapist isn't shared without consent, and that

1197-549: The National Inquiry into the Separation of Aboriginal and Torres Strait Islander Children from Their Families . The report marked a pivotal moment in the controversy that has come to be known as the Stolen Generations . The inquiry was established by the federal Attorney-General , Michael Lavarch , on 11 May 1995, in response to efforts made by key Indigenous agencies and communities concerned that

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1254-492: The New Jersey and Virginia Rules of Professional Conduct, Rule 1.6. In some jurisdictions, the lawyer must try to convince the client to conform his or her conduct to the boundaries of the law before disclosing any otherwise confidential information. These exceptions generally do not cover crimes that have already occurred, even in extreme cases where murderers have confessed the location of missing bodies to their lawyers but

1311-501: The U.S. state of Washington, for example, journalists discovered that about two dozen medical malpractice cases had been improperly sealed by judges, leading to improperly weak discipline by the state Department of Health. In the 1990s and early 2000s, the Catholic sexual abuse scandal involved a number of confidentiality agreements with victims. Some states have passed laws that limit confidentiality. For example, in 1990 Florida passed

1368-556: The apology would be decided in consultation with Indigenous leaders. On 13 February 2008, at 9:00am ( AEDT ), Rudd tabled the following apology as the first order of business at the opening of Australia's Parliament in 2008; it was passed unanimously by the members of the lower house at 9:57 a.m.: I move that: Today we honour the Indigenous peoples of this land, the oldest continuing cultures in human history. We reflect on their past mistreatment. We reflect in particular on

1425-424: The arguments of those arguing the impact of the events described were exaggerated or minimising or denying their occurrence this "failure" to "prove the evidence" was considered critical, a number of other criticisms were made, chief among the critics were John Herron and Ron Brunton . A number of responses, some critical, responded to the points raised Herron and Brunton. Many of these arguments continue into

1482-638: The authority of the Commonwealth Aboriginals Ordinance and placed in institutional or foster care" and "calls upon the Commonwealth government to make a formal and specific apology to all those persons removed pursuant to the Aboriginals Ordinance, acknowledging that the Commonwealth failed in discharging its moral obligations towards them". The Howard government rejected some elements of the findings of

1539-579: The client may kill or seriously injure someone, may cause substantial injury to the financial interest or property of another, or is using (or seeking to use) the lawyer's services to perpetrate a crime or fraud. In such situations the lawyer has the discretion, but not the obligation, to disclose information designed to prevent the planned action. Most states have a version of this discretionary disclosure rule under Rules of Professional Conduct, Rule 1.6 (or its equivalent). A few jurisdictions have made this traditionally discretionary duty mandatory. For example, see

1596-616: The critical importance to Indigenous Australians and the wider community of a continuing reconciliation process, based on an understanding of, and frank apologies for, what has gone wrong in the past and total commitment to equal respect in the future." On 24 October 2001, the Northern Territory Chief Minister, Clare Martin , moved that the Northern Territory legislative assembly "apologises to Territorians who were removed from their families under

1653-664: The development of the report and its recommendations. The inquiry also appointed an Indigenous Advisory Council made up of members from all the major regions of Australia. Members of the council were: Annette Peardon, Brian Butler, Yami Lester, Irene Stainton, Floyd Chermside, Barbara Cummings, Grant Dradge, Carol Kendall, Lola McNaughton, Isabel Coe , Peter Rotimah, Nigel D'Souza, Maureen Abbott, Margaret Ah Kee, Bill Lowah, Matilda House, and Jim Wright. The inquiry undertook an extensive programme of hearings in every capital city and in many regional and smaller centres. The first hearings took place on 4 December 1995 on Flinders Island with

1710-603: The doctor. Confidentiality is commonly applied to conversations between doctors and patients. Legal protections prevent physicians from revealing certain discussions with patients, even under oath in court. This physician-patient privilege only applies to secrets shared between physician and patient during the course of providing medical care. The rule dates back to at least the Hippocratic Oath , which reads in part: Whatever, in connection with my professional service, or not in connection with it, I see or hear, in

1767-413: The experiences of people removed from their families. It was anticipated that given the trauma witnesses had experienced that they would be at risk of further trauma if they were to be cross examined on their testimony and their evidence challenged. Acting on this judgment the report, Bringing them Home , was written on the evidence presented. Among a number of criticisms of the report, also reflected in

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1824-474: The federal parliament. On Thursday 26 August 1999, John Howard, moved the Motion of Reconciliation , which expressed "deep and sincere regret that indigenous Australians suffered injustices under the practices of past generations, and for the hurt and trauma that many indigenous people continue to feel as a consequence of those practices". It dedicated the Parliament to the "cause of reconciliation" and recognised

1881-517: The general public's ignorance of the history of forcible removal was hindering the recognition of the needs of its victims and their families and the provision of services. The 680-page report was tabled in Federal Parliament on 26 May 1997. Aboriginal organisations pushed for a national inquiry as early as 1990. The Secretariat of National Aboriginal and Islander Child Care (SNAICC) resolved at its national conference in 1992 to demand

1938-399: The health authorities can have access to my medical records. My participation in the study will be treated as confidential. I will not be referred to by my name in any report of the study. My identity will not be disclosed to any person, except for the purposes described above and in the event of a medical emergency or if required by the law. My data will be processed electronically to determine

1995-522: The historic mistreatment of Indigenous Australians as the "most blemished chapter" in Australian history. The opposition leader Kim Beazley moved to replace Howard's motion of regret with an unreserved apology, but was unsuccessful. On 11 December 2007, the newly elected government of Prime Minister Kevin Rudd announced that an official apology would be made to Indigenous Australians. The wording of

2052-457: The hurt and distress caused by past policies under which Aboriginal children were removed from their families and homes, apologises to the Aboriginal people for those past actions and reaffirms its support for reconciliation between all Australians". On 17 September 1997, the Premier of Victoria, Jeff Kennett , moved a parliamentary motion that included the words: "That this House apologises to

2109-529: The knowledge of the patient's parents. Many states in the U.S. have laws governing parental notification in underage abortion. Confidentiality can be protected in medical research via certificates of confidentiality . Due to the EU Directive 2001/20/EC , inspectors appointed by the Member States have to maintain confidentiality whenever they gain access to confidential information as a result of

2166-715: The last round of hearings ending on 3 October 1996 in Sydney. During the course of the inquiry 777 submissions were received, which included 535 Indigenous individual and group submissions, 49 church submissions and 7 government submissions. 500 of the submissions were made confidentially . Two reports were produced: The Community Guide summarised the report's conclusions that "indigenous families and communities have endured gross violations of their human rights . These violations continue to affect indigenous people's daily lives. They were an act of genocide , aimed at wiping out indigenous families, communities, and cultures, vital to

2223-406: The laws of the time and that were believed to be in the best interests of the children concerned". Prime Minister John Howard believed that the term "apology" would suggest inter-generational guilt, and therefore left out the word "sorry" from his Motion of Reconciliation . Other criticisms centred on the evidentiary standards applied. The Inquiry had sought to provide an opportunity to discover

2280-424: The lawyer in court with something he did not know about his client, which may weaken the client's position. Also, a distrustful client might hide a relevant fact he thinks is incriminating, but that a skilled lawyer could turn to the client's advantage (for example, by raising affirmative defenses like self-defense). However, most jurisdictions have exceptions for situations where the lawyer has reason to believe that

2337-540: The leader of the Western Australian opposition moved: "that this House apologises to the Aboriginal people on behalf of all Western Australians for the past policies under which Aboriginal children were removed from their families and expresses deep regret at the hurt and distress that this caused". On 28 May 1997, the Minister for Aboriginal Affairs, Dean Brown , issued a parliamentary apology on behalf of

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2394-454: The legitimate use of tax saving schemes if those schemes are not already known to the tax authorities. The "three traditional requirements of the cause of action for breach of confidence" were identified by Megarry J in Coco v A N Clark (Engineers) Ltd (1968) in the following terms: In my judgment, three elements are normally required if, apart from contract, a case of breach of confidence

2451-567: The life of men, which ought not to be spoken of abroad, I will not divulge, as reckoning that all such should be kept secret. Traditionally, medical ethics has viewed the duty of confidentiality as a relatively non-negotiable tenet of medical practice. Confidentiality is standard in the United States by HIPAA laws, specifically the Privacy Rule, and various state laws, some more rigorous than HIPAA. However, numerous exceptions to

2508-538: The mistreatment of those who were Stolen Generations—this blemished chapter in our national history. The time has now come for the nation to turn a new page; a new page in Australia’s history by righting the wrongs of the past and so moving forward with confidence to the future. We apologise for the laws and policies of successive Parliaments and governments, that have inflicted profound grief, suffering and loss on these our fellow Australians. We apologise especially for

2565-504: The next chapter in the history of this great country, Australia. On 27 May 1997, the Western Australian Premier, Richard Court , issued a parliamentary statement using the words: "It is appropriate that this House show respect for Aboriginal families that have been forcibly separated as a consequence of government policy in the past, by observing a period of silence". Members stood for one minute silence. The next day

2622-614: The outcome of this study, and to provide it to the health authorities. My data may be transferred to other countries (such as the USA). For these purposes the sponsor has to protect my personal information even in countries whose data privacy laws are less strict than those of this country. In the United Kingdom information about an individual's HIV status is kept confidential within the National Health Service . This

2679-497: The people of NSW that included the words: "apologises unreservedly to the Aboriginal people of Australia for the systematic separation of generations of Aboriginal children from their parents, families, and communities". On 13 August 1997, the Tasmanian Premier, Tony Rundle , moved a parliamentary motion that included the words: "That this Parliament, on behalf of all Tasmanians, expresses its deep and sincere regrets at

2736-464: The people of South Australia, saying that the "South Australian Parliament expresses its deep and sincere regret at the forced separation of some Aboriginal children from their families and homes which occurred prior to 1964, apologises to these Aboriginal people for these past actions and reaffirms its support for reconciliation between all Australians". On 17 June 1997, the Chief Minister of

2793-710: The police are still looking for those bodies. The U.S. Supreme Court and many state supreme courts have affirmed the right of a lawyer to withhold information in such situations. Otherwise, it would be impossible for any criminal defendant to obtain a zealous defense. California is famous for having one of the strongest duties of confidentiality in the world; its lawyers must protect client confidences at "every peril to himself [or herself]" under former California Business and Professions Code section 6068(e). Until an amendment in 2004 (which turned subsection (e) into subsection (e)(1) and added subsection (e)(2) to section 6068), California lawyers were not even permitted to disclose that

2850-564: The precious and inalienable heritage of Australia". The report made many recommendations, including that: Formal apologies have been tabled and passed by the Commonwealth Government, as well as the state parliaments of Victoria , South Australia , New South Wales , and Tasmania and the territory parliament of the Northern Territory . It may be that all states have done this because Senator Aden Ridgeway

2907-488: The present around the formal apology to the Stolen Generations of 13 February 2008. Confidentiality Confidentiality involves a set of rules or a promise usually executed through confidentiality agreements that limits the access to or places restrictions on the distribution of certain types of information . By law, lawyers are often required to keep confidential anything on the representation of

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2964-437: The removal of Aboriginal and Torres Strait Islander children from their families, their communities and their country. For the pain, suffering, and hurt of these Stolen Generations, their descendants and for their families left behind, we say sorry. To the mothers and the fathers, the brothers and the sisters, for the breaking up of families and communities, we say sorry. And for the indignity and degradation thus inflicted on

3021-427: The royal accoucheur Dr William Smoult Playfair showed the difference between lay and medical views. Playfair was consulted by Linda Kitson; he ascertained that she had been pregnant while separated from her husband. He informed his wife, a relative of Kitson's, in order that she protect herself and their daughters from moral contagion. Kitson sued, and the case gained public notoriety, with huge damages awarded against

3078-489: The rules have been carved out over the years. For example, many American states require physicians to report gunshot wounds to the police and impaired drivers to the Department of Motor Vehicles. Confidentiality is also challenged in cases involving the diagnosis of a sexually transmitted disease in a patient who refuses to reveal the diagnosis to a spouse, and in the termination of a pregnancy in an underage patient, without

3135-402: The sharing of information would be guided by ETHIC Model: Examining professional values, after thinking about ethical standards of the certifying association, hypothesize about different courses of action and possible consequences, identifying how it and to whom will it be beneficial per professional standards, and after consulting with supervisor and colleagues. Confidentiality principle bolsters

3192-538: Was called the Colebrook Children's Home . The UAM also opened missions at Swan Reach (which was later moved to Gerard and taken over by the Government in 1961–2), Nepabunna , Ooldea and Finniss Springs. This article about a Christian organization is a stub . You can help Misplaced Pages by expanding it . Bringing Them Home Bringing Them Home is the 1997 Australian Report of

3249-491: Was quoted in 1999 as saying that "every State Parliament has passed an apology". Former Prime Minister John Howard issued a statement of regret but resolutely refused to issue a formal apology. He has been quoted many times as refusing to take a black armband view of history . Former prime minister Kevin Rudd , who succeeded Mr. Howard, tabled a formal apology on 13 February 2008, which was passed unanimously. Bringing Them Home recommended an official apology be offered by

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