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Legislative Assembly for the ACT: 2001 Week 8 Hansard (9 August) . . Page.. 2888 ..

the opportunity to discuss or share their problems with friends or families because they are reluctant to even have people know that they have the disease.

It is, therefore, incumbent on those conducting the Lookback program to guard the privacy of the participants zealously. It is for this reason that there are numerous measures and requirements noted in the Financial Assistance Agreement that prevent details about settlements being revealed for fear that such details may adversely impact on the privacy of recipients.

It is against this background information that I would like to respond to your questions.

(1) The role of the Government Solicitor in the Financial Assistance Scheme is to represent the Government in negotiations with the Australian Red Cross Blood Transfusion Service, applicants and their legal representatives. The Government Solicitor also strives to facilitate the process of providing financial assistance to persons suffering from HCV as a result of receiving a contaminated blood transfusion. The Government Solicitor has played a pivotal role in protecting the interests of the Government and the participants in the scheme and continues to provide accurate and timely advice in relation to the program.

(2) The applicants referred to the Financial Assistance Scheme all have legal representation. One firm is representing the majority of claimants but applicants are free to seek representation with any firm and a number have chosen to do so. I am concerned that revealing the details of legal arrangements may be inappropriate since they are confidential agreements between applicants and their legal representatives. It would be necessary to seek an individual's consent before revealing this information to you. I would like to stress, however, that everything possible has been done to ensure that these people do have adequate legal representation and that their interests are being protected.

(3) The Government provided $4.5 million in 2000/01 and a further $1.3 million in 2001/02 for the Hepatitis C Lookback and Financial Assistance Scheme. As a result of the process of assessing settlement amounts for each applicant, estimates for payments in 2000/01 have been scaled back to under $1.0 million. The 2001/02 Budget Papers (Budget Paper No.4 Page 113) reflect the change. At this point the Department has not estimated expenditure in excess of the $1.3 million available in 2001/02 and will deal with costs in excess of the appropriated amount on an emerging cost basis.

(4) Canberra is a small town and it is not inconceivable that recipients of financial assistance could be identified based on settlement details. Even revealing the largest and smallest amounts paid may be enough to compromise privacy for those involved and, in the interests of protecting the privacy of recipients, it would be very difficult to reveal even such broad details.

(5) The risk of adversely affecting the privacy of applicants remains great, even if personal information about applicants were to be withheld. It is for this reason that there is some reluctance to publicly release any details of settlement amounts at all.

(6) It has been agreed that information in regard to the number of settlements and the quantum of settlements will not be presented to the Assembly until such time as a minimum of twenty cases have been settled. Again, this is to protect the privacy of

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