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Legislative Assembly for the ACT: 1997 Week 14 Hansard (11 December) . . Page.. 4984 ..

MR WOOD: Mr Speaker, I present Report No. 19 of 1997 of the Standing Committee on Scrutiny of Bills and Subordinate Legislation. I seek leave to make a brief statement on this report.

Leave granted.

MR WOOD: Mr Speaker, in its first comment on the Health Records (Privacy and Access) Bill 1997 the committee queried how the legislation in relation to privacy and access arrangements for health records would be enforced. We thank the Chief Minister for her elaboration on a number of points. The committee, however, remains uncertain about the application of the privacy principles in the Act. Clause 18(1) states:

A complaint may be made to the Commissioner about an act or omission that is alleged to contravene the Privacy Principles in relation to a consumer.

It seems fairly broad. The Chief Minister responded that the only privacy offence will be the obtaining of access to a health record by threat, intimidation or false representation. The Bill, however, is heavily based on its privacy principles, 12 in all, and the committee believes that a clearer response on this issue is required. If this Bill proceeds today, and I understand it may, the next Scrutiny of Bills Committee and the next Assembly should further examine the Bill and its operations.

Motion (by Mr Stefaniak) proposed:

That so much of the standing orders be suspended as would prevent a motion being moved to rescind the resolution of the Assembly of 2 December 1997 relating to the agreement of the Financial Management (Amendment) Bill 1997, as amended, and to reconsider clause 5 of the Bill in the detail stage forthwith.

MR BERRY (Leader of the Opposition) (5.32): Mr Speaker, I move:

After clause 5 add " and 8".

This amendment is influenced by the amendment which I will propose to the Bill and which I have already circulated.

Question resolved in the affirmative, with the concurrence of an absolute majority.

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