Page 575 - Week 02 - Thursday, 17 February 2005
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being developed. The anomaly meant that an agency’s internal record of reports made under the Children and Young People Act 1999 can be provided to persons who made an application under the Health Records (Privacy and Access) Act 1997 because this document will, in most cases, be a health record.
The government takes its responsibility towards children and young people very seriously. We moved quickly to address this anomaly and that amendment is before the Assembly today to ensure that when a person makes a report, either under the voluntary or mandatory provisions of the Children and Young People Act, and keeps a copy of the written report or notes of the action, these internal records may be available to a person, when requested, under the health records act.
The identification of a reporter and their information could place the child or young person, other adults, the reporter and agency staff at risk. So the bill today seeks to amend the health records act to prohibit access to a health record or part of a health record if that record or part of the record identifies the person who made a report under either the voluntary or mandatory reporting provisions of the Children and Young People Act or if the record-keeper is satisfied that the identity of the reporter could be worked out from the record or part of a record.
The Health Records (Privacy and Access) Act 1997 commenced operation in February 1998 with the intention of providing for the privacy and integrity of and access to personal health information. I would like to stress that the amendment we are debating today will retain to the greatest extent possible access to personal health information through the act. The amendment will not prevent people from seeking a review by the Health Complaints Commissioner of any decision taken under the health records act, nor will it prevent a court order being issued or hinder care and protection services or the police in the case of an investigation. The amendment will protect the identity of reporters, and therefore our children, while minimising the extent to which information under the health records act is withheld.
The amendment strikes the balance between the human rights of children to be protected from harm, a reporter to have their identity protected and the rights of community members to access information regarding their health records. This issue has been rightly flagged by the Standing Committee on Legal Affairs’ scrutiny of bills report of 17 February 2005 and I thank the committee for its speedy consideration of the matter.
In this case, the government judges that the rights of our children to safety from abuse and neglect are paramount and, consequently, the identity of child protection reporters must be protected. That said, this amendment will retain to the greatest extent possible access to personal health information through the act. This issue has been thoroughly examined by the Department of Justice and Community Safety in relation to the Human Rights Act 2004, and a statement of compatibility with the Human Rights Act 2004 has been issued. I thank members for their support for this bill today.
Question resolved in the affirmative.
Bill agreed to in principle.
Leave granted to dispense with the detail stage.
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