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Reviewed May 2025 (previously titled ‘Can I tell the cops? A guide for health professionals.’
Health professionals have the significant responsibility of knowing and caring for some of the most intimate details of their patients’ lives. Patients trust and expect doctors, nurses, and others to not tell just anyone. This obligation is recognised in the Health Information Privacy Code.
Rule 11 of the Code says health professionals cannot disclose health information they hold about an individual, unless there is a valid reason to do so.
Section 22C of the Health Act 1956 allows, but doesn’t require, health professionals to disclose information to a police officer (and some other officials), if they need the information to do their job. Where the treatment relates specifically to drug dependency, then the information is privileged against disclosure in criminal court proceedings under section 59 of the Evidence Act 2006.
If you believe that any child or young person has been or is likely to be harmed, whether physically, emotionally, or sexually, you can report the matter to a social worker or Police. This is vital, as there is little that is more serious than the need to protect a child.
If Police have a search warrant or a production order for information about a patient, then health professionals must hand it over to them under the Search and Surveillance Act. A search warrant or production order is approved and issued by the Court if Police have met the grounds required under the Act. If Police have a search warrant, they can search a health provider's premises. If they have a production order, health professionals must release the information requested. It is an offence to refuse.
Sometimes Police do not have enough information to obtain a compulsory order. The Privacy Act is flexible enough to allow health professionals to disclose information under an exception to rule 11, when necessary, “to avoid prejudice to the maintenance of the law by any public sector agency, including the prevention, detection, investigation, prosecution and punishment of offences”.
You may have information that could help Police in their investigations. There will be no breach of rule 11 of the Code if you can demonstrate you have considered this exception, and that you acted in good faith.
To be clear, this is your discretion. Consider these things before exercising it:
If you have any concerns or questions, please use AskUs, which has more than 600 privacy questions and answers, or call our enquiries line on 0800 803 909.
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