Page 5270 - Week 17 - Thursday, 13 December 1990
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so we will say, "Yes, sure, you can have your six months, but the reality is that, if you have not done the job at the end of the six months, this will take effect".
MR BERRY (8.50): I think I did not explain this in my earlier address. The Minister failed to notice that clause 43, "Failure to comply with directions", was left out of the amendment which I proposed. Mr Moore seeks to include it, but I think that gives a message to the medical profession and, of course, with the absence of any penalties, it is a significantly softer message than was the case in the first place. If the medical profession - if I can be hypothetical - fails to put in place quality assurance activities, and these clauses take effect, then I submit that the board would very quickly report circumstances where medical professionals did not comply with directions, and it would also recommend the reintroduction of penal provisions - if I can call them that - roughly along the lines of those which have been produced by the Government.
So, this is a way of making it clear to medical professionals that the Assembly means business. The Minister seems very reluctant to do that. That is a grave disappointment. I think this is a significantly softer approach than was taken in the initial legislation. I think that the advice the Minister was getting in the first place was to persist with strong legislation. I accept that he has been leant on, and I accept that he may be forced to change; but what really needs to happen is for the message to come loud and clear from this Assembly that this Assembly is the one that is going to set the standards for hospital services in the Australian Capital Territory, not the people who work within our public hospital system.
I see that the Residents Rally members of this Assembly are not terribly interested in this approach. That is an extremely disappointing position, particularly in the light of at least one of their members having some sympathy for the aged. I suspect that there may be an element of self-interest in that, because he may require these services; but, hopefully, at his age - - -
Mr Kaine: I deny that Hector or I have any personal interest in this matter.
MR BERRY: But, on average, one could expect that he might use them before the rest of us. That has nothing to do with how you look, by the way, Dr Kinloch; you are looking quite well. Anyway, I call on you, Chief Minister; I saw that you briefly supported the Opposition a little while ago with a vote that went our way, and I look forward to further support for this approach by the Labor Party. I would hope that Mr Moore would be prepared to hold off on his amendment, if the Minister for Health is prepared to agree to a strengthening of the legislation along the lines suggested by the Labor Opposition.
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