The Australian Open Disclosure Framework 2026
When something goes wrong during medical care, the silence that often follows can be as distressing as the harm itself.
Patients are left wondering what happened, whether it could have been prevented, and whether anyone will tell them the truth. The Australian Open Disclosure Framework exists to change that and in June 2026, the Australian Commission on Safety and Quality in Health Care released a fully revised version, its first major update since 2014.
This guide explains, what open disclosure is, what it means for patients and families, what it requires of healthcare providers, and how it intersects with your legal rights. Whether you have been affected by a healthcare incident or you work within a health service organisation, understanding this Framework matters.
What is open disclosure?
Open disclosure is a principles-based approach to communicating openly and honestly with patients when something goes wrong in health care. In practice, it means a timely, empathetic conversation that:
• acknowledges what happened
• offers a genuine apology or expression of regret
• listens to the patient’s experience
• explains the next steps and follow-up
The goal is to maintain trust, support understanding, and build a culture of safety and accountability while making sure the health system learns from what occurred so the same thing is less likely to happen again. Importantly, the Framework uses “patient” or “person” to include support people too (family, partners, friends, and paid or unpaid carers).
When does open disclosure apply?
Open disclosure is expected whenever harm has occurred and that harm can be physical, psychological, or social. The 2026 Framework defines harm broadly as impairment of the structure or function of the body and any effect arising from it, including disease, injury, suffering, disability, and death.
Crucially, a patient’s view on whether harm has occurred may differ from the clinician’s and that perspective matters. Open disclosure also applies to “near misses” (where harm could have occurred but did not) and can be triggered by complaints, feedback, incident reports, or a patient simply raising a concern. Even where no harm has occurred, listening to and acknowledging a patient’s experience remains essential.
Your rights as a patient
The Framework is anchored in the Australian Charter of Healthcare Rights, which applies everywhere health care is delivered in Australia. The Charter’s right to partnership includes being able to ask questions and to receive open and honest communication.
In real terms, after a healthcare incident you must expect:
• Accurate, plain-language information about what is known and what is not yet confirmed (without speculation)
• The chance to share your experience and ask questions without being rushed
• A sincere apology and the words “I am sorry” or “we are sorry” are described in the Framework as essential
• Accessible communication, including interpreters, Easy Read formats, and other supports tailored to your needs
• Culturally safe processes, with particular attention to the needs of Aboriginal and Torres Strait Islander peoples, who can expect care that is free from racism and discrimination
You are also entitled to nominate a contact person to receive information and participate on your behalf, and to access independent advocacy and support.
What “sorry” actually means in law
One of the most common concerns (and this is the big one) for clinicians and organisations especially, is whether saying “sorry” amounts to an admission of legal liability. The 2026 Framework addresses this directly. An apology or expression of regret is a natural human response to an unexpected event, and provided healthcare professionals do not engage in unwarranted speculation or apportion blame, there are no medico-legal grounds for avoiding the word “sorry.”
This reflects the apology protections that exist across Australian jurisdictions, which are designed to allow genuine expressions of regret without those words being treated as an admission of fault. That said, the Framework is careful to note that each Australian state and territory has its own laws and regulatory requirements, and that health services and practitioners should seek legal advice on individual cases.
For patients, this is important to understand. An apology is a meaningful acknowledgement of what you experienced but it is a separate question from whether you may have a legal claim. The two should not be confused, and a sincere “sorry” does not, by itself, resolve questions of compensation or negligence.
The stages of open disclosure
The Framework sets out open disclosure as a process rather than a single event.
Initial disclosure should happen as soon as possible after harm or potential harm is recognised and even before all the facts are known. It includes acknowledging that care did not go as expected, an apology, an opportunity to listen, an explanation of consequences and next steps, and contact details for independent support.
Formal open disclosure is a structured process led by a nominated open disclosure lead. It is considered after events such as an unexpected death, significant injury, lasting loss of body function, major psychological distress, or whenever a patient requests it. The timing, place, and pace are shaped around the patient’s needs, and more than one meeting may be required.
The process then moves through finding out and discussing what happened, providing follow-up and ongoing care, and finally closing the process by mutual agreement with appropriate documentation before the organisation moves to learn and identify system improvements.
What this means for healthcare providers
For health service organisations, the 2026 Framework reinforces that open disclosure is not optional good manners, it is an expectation embedded in safe, high-quality care and a “just culture.” Providers should ensure:
• staff leading disclosure are trained, supervised, and supported
• team roles are clearly defined for each disclosure
• practices align with applicable state and territory legislation and local policies
• communication is culturally safe, including engaging Aboriginal and Torres Strait Islander health workers or liaison officers where appropriate
• virtual care and incidents spanning multiple services are handled with clear agreement on who leads the process
Getting open disclosure right protects patients, supports the clinicians involved, and reduces the risk of a breakdown in trust that can escalate into formal complaints or litigation.
At NorthBridge Legal, we help people understand their rights after something goes wrong in health care and we advise healthcare providers on meeting their obligations. If you have questions about open disclosure, a healthcare incident, or where you stand legally, get in touch with our team for a confidential, no-obligation conversation.
