Subpoenas and Document Requests: Obligations and Rights as a Practitioner

About this Training

This training covers the various times that a practitioner may be requested client notes, whether in the form of a subpoena or a document request from a law firm, court, tribunal or other regulatory body. 

The clear principles of client confidentiality can become murky as opposing law firms, regulatory bodies and disputing family members all, from time to time, engage in a range of tactics to circumvent confidentiality (and avoid paying your collation fees in the process). This trainings sets out the scope of your responsibility and your rights as a practitioner to respond on your terms, in compliance with your legal obligations and in a manner that minimises the time cost to you.

This training does not cover requirements in relation to note-taking or record-keeping for practitioners. This training assumes that the content of your notes and records are compliant with your requirements as a practitioner. 

Learning Outcomes

• Confidential and non-confidential information
• What is a Subpoena
  • What is notice of non-party production?
  • What are my rights in relation to a subpoena?
  • Objecting to a Subpoena
  • File collation and appearance costs
• Document requests from your client or their representative  
  • File Collation costs
  • Your client’s rights under the Privacy Act
  • Circumstances when you may refuse access
  • Objecting
• Document requests from an other party’s representative 
  
  • Insurer and Workcover
  • Can I charge for responding to this request?  (File collation costs)
  • Objecting
• Court requests
  
  • Coroner court requests for information

Audience

This webinar is suitable for any practitioner that collates notes in the course of therapeutic treatment.