In short
Open disclosure is the open, honest discussion of an adverse event with the person harmed and their family. The NMBA Code of conduct requires nurses to be open and honest when something goes wrong: recognise and report it, act to protect safety, apologise and explain, listen and support, and take steps to prevent recurrence. Importantly, in every Australian state an apology is protected and does not amount to an admission of liability. Handling an adverse event well protects the person, supports your own position, and can reduce the risk of a later notification.
What is open disclosure?
It is the open and honest discussion of an adverse event, one that harmed a person during their care, with that person and their family or carers.
Open disclosure is defined in the Australian Open Disclosure Framework as the open discussion of adverse events that result in harm to a patient, with the patient, their family and carers. It is not a formality or a legal manoeuvre. It is simply the professional and human response to harm: telling the person what happened, saying sorry, listening, and explaining what will be done. It sits within the NMBA Code of conduct for nurses, and it also connects to how a medication error or other adverse event is handled.
What does the NMBA Code require when something goes wrong?
The Code sets out clear duties for nurses when a person is harmed by healthcare.
Recognise, reflect and report
Recognise and reflect on what happened, and report the incident in a timely way and in line with local policy.
Act to protect safety
Act immediately to rectify the problem if possible, intervene to protect the person's safety, and escalate concerns as needed.
Apologise and explain
Ensure the most appropriate team member provides an apology and an explanation, as promptly and completely as possible.
Listen and support
Listen to the person, acknowledge any distress, and provide support, referring them to another professional where appropriate.
Enable complaints, keep caring
Make sure the person can access information on how to complain, and never let a complaint affect the care you provide.
Seek advice if unsure
Seek advice from your employer, Ahpra, your indemnity insurer or others if you are unsure of your obligations.
What are the elements of open disclosure?
The Australian Open Disclosure Framework describes a clear set of elements to cover.
- An apology or expression of regret, including the words "I am sorry" or "we are sorry".
- A factual explanation of what happened.
- An opportunity for the person, their family and carers to share their experience.
- A discussion of the consequences of the adverse event.
- An explanation of the steps being taken to manage it and prevent recurrence.
Is saying sorry an admission of liability?
No. In every Australian state, an apology is protected and does not amount to an admission of liability.
You can, and should, say sorry
Across Australia, apology laws mean that an apology or expression of regret is not an admission of fault or liability, and is not admissible as evidence of liability. Saying "I am sorry this happened to you" is exactly what the framework asks for, and it will not be used against you. Withholding an apology out of fear is both unkind to the person and contrary to what the Code expects.
This is one of the most common and damaging misunderstandings in practice. A sincere, prompt apology is protected, supports the person's recovery, and reflects the professionalism a Board wants to see.
Does open disclosure apply to near misses?
It can. It may be appropriate to follow an open disclosure process even where a near miss did not reach the person.
Open disclosure is primarily about events that caused harm, but the same principles of openness can apply to a near miss, where an error was caught before it reached or harmed the person. Reporting near misses and being open about them supports a learning culture and helps the whole team prevent the next event. As with any incident, the record should be accurate and contemporaneous, and never altered after the fact.
How do you prepare for the conversation?
Preparation and planning are what make open disclosure go well, especially when emotions are high.
The conversation itself is easier and kinder when you have thought it through first. Agree with your team who will lead and who will attend, and choose a private, unhurried setting. Know the facts you are certain of, and be honest about what is still being reviewed rather than speculating about the cause. Speak in plain language, without jargon, and lead with the apology. Give the person time and space to react and to ask questions, and never rush them. Agree what happens next, including how they will be kept informed, and follow through on it. Finally, document the discussion factually. Good preparation lets you focus on the person in front of you, which is the whole point of open disclosure.
How does open disclosure protect you?
Handling an adverse event openly can reduce the risk of a later complaint or notification, and strengthens your position if one is made.
People are far more likely to make a complaint when they feel they were not told the truth, not listened to, or not shown that things would change. Open disclosure addresses all three. Explaining what happened and the steps being taken can reduce the risk of a complaint, and where a notification does follow, evidence that you responded openly and supported the person reflects exactly the accountability a Board looks for. Done well, open disclosure is not only the right thing to do, it is also one of the best protections you have.
How can CPD help with open disclosure?
Targeted CPD builds the confidence and skill to handle an adverse event well, and evidences that skill if a matter arises.
Open disclosure is a skill that many nurses are never formally taught, yet it is exactly when emotions are high that it matters most. Structured CPD on open disclosure, aligned with your CPD registration standard, helps you prepare for these conversations and shows, if a notification ever follows, that you understand and follow the process. Paired with a reflective account where relevant, it evidences a professional, patient-centred response. Browse the full range of CPD for nurses and midwives.
Matched to open disclosure
Courses to handle an adverse event well
Structured CPD chosen for open disclosure and adverse-event response, to help you prepare and evidence your practice. Independent CPD you can use as evidence of remediation.
Open Disclosure in Healthcare Practice
- Directly builds open disclosure skill
- Prepare for difficult conversations
- Evidence a patient-centred response
Ensuring Effective Communication as Healthcare Professionals
- Communicate with care and clarity
- Handle high-emotion conversations
- Evidence safer communication practice
How to Ensure a Mistake or Misconduct Is Not Repeated
- Show how recurrence will be prevented
- Turn an adverse event into learning
- Evidence a sustained safeguard
How to Deal With a Notification or Investigation
- Understand each stage of the NMBA process
- Know what to do, and what to avoid, early
- Respond calmly and well prepared
Official sources
Frequently asked questions
What is open disclosure?
It is the open and honest discussion of an adverse event that harmed a person during their care, with that person and their family. It includes an apology, a factual explanation, listening, and steps to prevent recurrence.
Does the NMBA Code require open disclosure?
Yes. The Code of conduct for nurses requires you to be open and honest when something goes wrong: recognise and report it, act to protect safety, apologise and explain, listen and support, and take steps to prevent recurrence.
Will saying sorry be used against me?
No. In every Australian state, an apology is protected and does not amount to an admission of liability, nor is it admissible as evidence of liability. You can and should say sorry when something goes wrong.
What should I say during open disclosure?
Offer a genuine apology or expression of regret, give a factual explanation of what happened, let the person share their experience, discuss the consequences, and explain the steps being taken to manage it and prevent recurrence.
Does open disclosure apply to a near miss?
It can. While open disclosure is primarily for events that caused harm, the same principles of openness can apply to a near miss. Reporting near misses supports a learning culture and helps prevent the next event.
Can open disclosure reduce the risk of a notification?
Yes. People are more likely to complain when they feel they were not told the truth or listened to. Open, honest disclosure and clear steps to prevent recurrence can reduce the risk of a later complaint or notification.
Who should lead the open disclosure conversation?
It is a team activity governed by your facility's policy. The most appropriate team member leads, often with your manager involved. Agree roles early, plan the conversation, and document it accurately and contemporaneously.
Does CPD help with open disclosure?
Yes. Open disclosure is a skill many nurses are never formally taught. CPD, aligned with your CPD registration standard, builds confidence for these conversations and evidences that you understand the process if a matter ever arises.
Dr Richard
Course Facilitator
A practising clinician with over 21 years of experience and postgraduate training in healthcare law and ethics, so every course reflects both clinical reality and Australian regulatory standards.
Written and reviewed by Dr Richard. Last reviewed . Read full profile
AHPRA Courses is an independent training provider. Our courses are structured CPD that practitioners can use as evidence of remediation. We are not affiliated with, endorsed by, or acting on behalf of Ahpra, the Nursing and Midwifery Board of Australia, or any other regulator. Courses provide evidence of remediation and do not determine the outcome of any matter. This article is general information, not legal advice. If you have received a notification, seek advice from your professional indemnity insurer or a health law solicitor.