Page 627 - Week 03 - Wednesday, 20 May 1992
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Government and which needs to be addressed in order to ensure that the legislation is up to the job which it is designed to do.
However, the Government supports the principle behind the Bill and will be supporting the Bill at the in-principle stage. We recognise the need for a Bill that will offer immunity and protection to researchers involved in approved studies, and therefore, as I have said, we will support the Bill in principle; but we have to ensure that all of the legal issues which should be addressed in drafting these matters have been addressed. I have discussed this matter with Mr Moore and we are of the view that it has to be proceeded with with care, to ensure that the Act is a good one and does the job inherent in the design of the legislation.
The issue about doctors and researchers and the provision of information by them is one that will require another amendment. It is an area which already has been included in legislation - I think in South Australia - so it is not difficult to find a basis for changes to the legislation, or an appropriate amendment to the legislation. There also has to be some consideration of other pieces of Commonwealth legislation upon which this Bill may impinge or pieces of legislation which may impinge on this Bill in another way. They are issues which need to be studied closely to ensure that the Bill is up to scratch.
On that basis, Madam Speaker, I say again that we are prepared to support the Bill in principle; but we would seek then, at the appropriate time, to adjourn debate on the Bill in order that we jointly - that is, the Government and Mr Moore - can come up with some agreed amendments which complete the Bill and make sure that it is able to live up to its original design purpose.
MRS CARNELL (11.43): Very briefly, we support the Bill in principle, but also look forward to the amendments that Mr Berry has foreshadowed, believing that it is very important to protect not just those people who are part of the epidemiological studies that we are talking about but also doctors and other people. It is important to protect doctors and others associated with giving evidence. We support it in principle, but look forward to the amendments.
MR MOORE (11.44), in reply: I appreciate the support from the Liberal Party and the Labor Party in this debate. I am quite content to work through the very sensible suggestions that I have already discussed with Mr Berry and any further suggestions. I have taken further time to look at the report on confidentiality of medical records and medical research from the Law Reform Commission of Western Australia, and that, for people who are looking further into this area, may be of some use. I think that, by and large, the protection of civil action as used in the South Australian legislation, and the protection for record keepers, particularly doctors and their researchers, is a very positive move.
It suits me very well to see a positive response to this sort of legislation so that the Assembly can be working in the best possible way - that is, people working together to try to work out something that is in the best interests of the community as a whole. That, I feel, has been the reaction to this Bill. I must say that I am delighted with that response and shall look forward to dealing with some of those amendments in about three weeks' time.
Question resolved in the affirmative.
Bill agreed to in principle.
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