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Legislative Assembly for the ACT: 1998 Week 10 Hansard (25 November) . . Page.. 3002 ..

MR BERRY (continuing):

That is reading on. He continues:

It seems to me that there is in the Bill no clear standard as to what information precisely (ie, if you will, the actual words to be used) is to be given. Further, the requirement that it be "properly, appropriately and adequately" provided is not the kind of investigation that should be carried out by a criminal court.

Should I read on? I think the point is made.

Amendment (Mr Stanhope's) to Mr Moore's amendments negatived.

Amendments (Mr Moore's) agreed to.

Clause 7, as amended, agreed to.

Clause 8

MR MOORE (Minister for Health and Community Care) (1.19 am): I move amendment No. 14 circulated in my name:

Page 4, line 28, omit the clause, substitute the following clause:

"8. Declaration that information has been provided

(1) Where all the information, advice and referrals referred to in section 7 have been provided to or offered to the woman concerned in accordance with that section, the woman and the medical practitioner concerned may jointly make a declaration in writing to that effect.

(2) A person shall not make a false declaration for the purposes of subclause (1).

Penalty: 50 penalty units.".

Amendment No. 14, new clause 8, replaces the troubled certificate process in the original clause 8. It is simpler and, most importantly, it avoids potential privacy problems. The documents would form health records for the purposes of the Health Records (Privacy and Access) Act 1997. The documents would be available to the woman and the doctor should they need to demonstrate that they had complied with the requirements of the legislation. Remember, Mr Speaker, that part of the objects of the Act is to protect a woman's privacy.

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