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Legislative Assembly for the ACT: 1997 Week 12 Hansard (13 November) . . Page.. 4062 ..

MRS CARNELL (continuing):

Although the ACT has greater privacy protection under the Commonwealth Privacy Act than other States, there is a need for national consistency with the rights of health consumers. To facilitate this consistency, the ACT's legislation establishes a set of privacy principles that are consistent with those principles already enacted in the Commonwealth's Privacy Act. These principles cover collection, storage and security of personal information, individual access and correction, as well as use of and disclosure of information. I hope that this legislation will become a model for similar legislation throughout the country.

The legislation is also intended to improve the health care partnership and to assist patients to become more active in their own health care. Access to records will increase patients' understanding of their health care conditions and treatments. Health care providers will be encouraged to explain a client's health record to them. Doctors have expressed concern that greater access by patients to the information held in their files would lead to an increase in litigation by their patients. Experience with FOI in Australia and with legislation in other countries has had no such consequence. Access by patients to accurate records can actually avoid unnecessary litigation.

MR SPEAKER: Order! There is too much audible conversation.

MRS CARNELL: This is very interesting, Mr Speaker. Everybody wanted me to read these presentation speeches. They are now not even slightly interested in them.

MR SPEAKER: Yes, and nobody is paying any attention at all.

MRS CARNELL: That is all right, Mr Speaker.

There will be cases where, in the case of possible harm to a patient or another person, records may be exempt and access not provided, or access may be provided through another service provider nominated by the consumer to explain the record to them. Where access is refused or limited, a written reason will be provided to the health care consumer. If the consumer is not satisfied, he or she can have the decision of the health care provider reviewed by the Community and Health Services Complaints Commissioner. A decision made by the commissioner may be appealed to the Magistrates Court.

There are a number of other access issues dealt with by the Bill, including the rights of access for people with a legal disability and for children. The general principle incorporated in the legislation is that the person with the power for consent to treatment is the person who has the right of access. The law covering all health services will now provide similar rights and responsibilities for health care consumers in relation to personal health information held on their health records, whatever the service is and wherever it is provided in the ACT.

A high-quality relationship between a health care provider and a consumer is based on good communication. Good communication, in turn, relies on openness and trust between the parties. Information held on health records is characterised by its intensely personal nature. It is the kind of information that most people are very concerned to maintain control over. People also want to be sure that what is recorded on their health care record is accurate and relevant and will be kept confidential. A great many

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