Page 371 - Week 02 - Wednesday, 13 May 1992
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In dealing with those disadvantaged groups in particular, there is often a great need for confidentiality. I think it is self-evident why there is a need for confidentiality, particularly in the study of drug use or AIDS. The Bill that I have presented refers specifically to a current study of drug use called the Canberra drug users study, which looks at drug users' networks, infection with HIV, risks, and strategies for minimising those risks. The study is being carried out at the National Centre for Epidemiology and Population Health in Canberra.
That study is referred to specifically in the Bill because the researcher seeks protection from this Assembly for confidentiality concerning the first interview, which took place on 13 January this year. The reason that protection is needed is twofold. The most significant thing from society's point of view is that we be able to make policy decisions based on sensible data, knowing what goes on in our society and how things work.
In the case of the use of drugs, the results of a study that is carried on can be subpoenaed and used as evidence in a court. If that is allowed to happen, if there is not protection against that, then of course the researchers will not be able to find out just what is going on in a world outside the law, as very few people will be prepared to volunteer to participate in such a study. There are questions about whether it would be ethical to carry on such a study without that kind of protection. I think most researchers would have difficulty carrying on a study in those circumstances. The particular study that I refer to is in fact in abeyance at the moment for that reason.
It is important for us, in terms not only of policy but also of the individual involved in the study, to protect confidentiality. It is quite appropriate that we provide that kind of protection. It was seen as appropriate by the Federal Government in 1981 when they introduced a Bill that is almost identical to the Bill that I have presented here. I will be happy to provide people with copies of the Federal Bill and to discuss where there are differences and why there are differences - which, I add, are minor.
It is very important, I believe, to draw your attention to clause 12 in the Bill that I have just tabled, which refers specifically to the Canberra drug users study, and for you to understand that the point of drawing attention to that is to ensure that there is protection for people involved in that particular study. Madam Speaker, I do not see the Bill that I present today as in any way creating an area of conflict. I think it will allow us to see issues in an appropriate way and will allow people in the ACT to study those issues in an appropriate way.
I drew attention to studies on drug use; but perhaps it is also worth drawing attention to the importance of confidentiality in relation to studies, for example, on AIDS. There have been a number of studies of AIDS in prison. Professor Robert Douglas, who heads up the National Centre for Epidemiology and Population Health, brought down a finding and made some recommendations about AIDS in prisons, about the use of condoms and the provision of bleach to clean needles. In fact, some work is still being done in Canberra to attempt to bring the kids that fit in with those recommendations into the remand centre in the ACT. That is a matter that has come up in this Assembly and I think will probably come up again until we actually achieve that recommendation made by Professor Douglas after an epidemiological study into the possible spread of AIDS in prisons.
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