Open Disclosure policy
1. Purpose
This policy establishes a transparent and compassionate process for communicating with a client, family, carer or support person after an incident or unexpected outcome that caused, or may have caused, harm. It promotes trust, accountability, recovery and service improvement.
2. Scope
This policy applies to the Director, clinicians, support staff, contractors and students involved in client care. It covers actual or suspected physical, psychological, emotional, cultural, privacy or other harm associated with SSAH service delivery.
3. Principles
Person-centred. The affected person's needs, preferences, culture, safety, accessibility and right to a support person guide the process.
Timely and honest. Known facts are communicated as soon as practicable, with uncertainty clearly identified and follow-up promised.
Sincere apology. SSAH says sorry or expresses regret without speculation, blame or defensiveness.
Ongoing process. Open disclosure may require more than one discussion as facts, needs and actions develop.
Just and learning-focused. SSAH supports clients and clinicians, investigates proportionately and improves systems.
4. Definitions
Incident: an event or circumstance associated with SSAH services that caused, or could have caused, harm or an unexpected outcome.
Open disclosure: an open, timely and ongoing discussion with a person affected by an incident, including an apology or expression of regret, known facts, consequences, response and prevention actions.
Harm: adverse physical, psychological, emotional, cultural, privacy, financial or other impact, whether temporary or permanent.
5. Legal, ethical and professional framework
SSAH applies this policy consistently with the following requirements, where relevant:
Australian Open Disclosure Framework 2026.
Health Records Act 2001 (Vic) and Privacy Act 1988 (Cth).
Wrongs Act 1958 (Vic), including provisions concerning apologies.
Health Complaints Act 2016 (Vic) and the General Code of Conduct for general health service providers.
NDIS Code of Conduct and applicable NDIS incident-management requirements, where relevant.
National Safety and Quality Health Service Standards, as a relevant quality framework.
AASW Code of Ethics 2020 and current AASW Practice Standards.
6. Immediate response
Attend to immediate safety, clinical and emotional needs and obtain urgent assistance where required.
Notify the Director, SSAH and preserve relevant records or evidence.
Assess privacy, safeguarding, reportable incident, mandatory reporting, insurer and regulator notification duties.
Identify the affected person, decision-maker, support people, communication needs and a suitable disclosure lead.
Record known facts without speculation or alteration of the original clinical record.
7. Initial disclosure
The clinician who identifies the incident should notify the Director and, unless another lead is more appropriate, initiate disclosure as soon as practicable, ideally within 24 hours. The initial discussion should include:
an acknowledgement that something did not go as planned;
the facts known at that time and a clear explanation of what remains uncertain;
a sincere apology or expression of regret;
known or possible consequences and immediate actions taken;
the proposed investigation and when further information will be provided;
available care, practical and emotional support; and
a contact person, questions, complaint options and the right to involve a support person.
8. Formal open disclosure
Where harm is significant, facts are disputed or incomplete, multiple people are involved, or a more extensive response is needed, the Director, SSAH will arrange a formal meeting. Relevant clinical, insurer, legal or external advice may support preparation without displacing direct and compassionate communication.
Communication must be accessible and culturally appropriate. SSAH will arrange a qualified interpreter or reasonable adjustment where needed and will not require a family member to interpret sensitive information unless the person chooses this and it is safe and appropriate.
9. Apology and legal considerations
An apology should use clear words such as 'I am sorry' or 'we are sorry', acknowledge the person's experience and avoid speculation about causation or blame. The Wrongs Act 1958 (Vic) provides that an apology does not constitute an admission of liability for the purpose of specified civil proceedings. Staff must not make promises about compensation or legal liability without authority.
10. Documentation
SSAH records the incident, disclosures, apology, participants, questions, client response, supports, investigation, decisions, notifications and agreed actions. The client will be offered an appropriate written summary or copy of disclosure documentation, subject to privacy, legal and third-party rights. Original records must not be deleted or retrospectively rewritten.
11. Support
SSAH will consider clinical, counselling, advocacy, cultural, practical and communication support for the client and support people. Clinicians involved in an adverse event will be offered supervision, peer support or professional counselling while maintaining accountability and client-centred communication.
12. Roles and responsibilities
The clinician identifies and reports incidents, supports immediate safety and participates in honest disclosure. The Director, SSAH oversees risk, notifications, formal disclosure, investigation, insurer or legal liaison, corrective actions and closure. The client may choose how to participate and may invite a support person.
13. Training, evaluation and complaints
People involved in service delivery receive proportionate education about incident recognition, apology, communication, documentation and legal or ethical duties. SSAH reviews incidents, open-disclosure timeliness, client feedback and corrective actions to improve care.
A person dissatisfied with the process may use the SSAH Complaints Policy or contact the Victorian Health Complaints Commissioner, NSW Health Care Complaints Commission, NDIS Quality and Safeguards Commission or another relevant authority.
References
Australian Commission on Safety and Quality in Health Care. Australian Open Disclosure Framework 2026. https://www.safetyandquality.gov.au/clinical-topics/open-disclosure
Australian Commission on Safety and Quality in Health Care. Open disclosure checklist template. https://www.safetyandquality.gov.au/resources/australian-open-disclosure-framework-open-disclosure-checklist-template
Wrongs Act 1958 (Vic). https://www.legislation.vic.gov.au/in-force/acts/wrongs-act-1958
Health Records Act 2001 (Vic). https://www.legislation.vic.gov.au/in-force/acts/health-records-act-2001
Privacy Act 1988 (Cth). https://www.legislation.gov.au/C2004A03712/latest
Document contact
For questions or concerns about an incident, open disclosure or this policy, contact the Director, SSAH on 0435 005 669 or hello@socialsense.com.au. Correspondence may also be sent to PO Box 212, Brunswick VIC 3056.