Hi there. The psychological report is confidential and the property of the original psychologist who created it, so the school does not have legal authority to show it to you. If the school were to give you a copy, they would risk being sued for breach of confidentiality. To obtain the report, you should speak to the original psychologist directly.

All psychologists in Australia are bound by strict ethical guidelines that protect the confidentiality of patient information. Psychologists cannot divulge personal information contrary to the wishes of their patients, so the report can only be shared with you and the new psychologist with your child’s consent.

The only situations where patient consent is not required are where there is imminent risk of harm to the patient or another person, or the consent is voided by the patient's incapacity to understand the nature and consequences of disclosure, typically due to age or disability. Based on the information you provided, these exceptions may not apply to your situation.

It is not clear whether you are also trying to obtain other school records relating to your child. Whether you have access to these documents will depend on several factors. The school must abide by privacy laws and, if it is a public school, state records legislation. It must also consider the age and best interests of your child, the need for parents to be informed of the information, and the school’s duty of care to the student. Each of these factors will determine whether you can access a record or document held by the school.

Suggested way forward

You should first speak to your child and then the original psychologist about obtaining a copy of the report. You may also benefit from speaking to a lawyer who can review your full legal options and help you negotiate with the school. By pressing the “Consult a Lawyer” button, LawAdvisor can help you search for experienced lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services.