Page 39 - Week 01 - Tuesday, 9 February 2010
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MR HANSON (Molonglo) (12.11): Mr Speaker, the opposition will be supporting the bill today. The bill contains some straightforward amendments to two pieces of health legislation. The first is the Drugs of Dependence Act 1989. The substantial amendment removes part 9 of the Drugs of Dependence Act 1989, which deals with the treatment orders handed down by the courts. It is intended that all treatment orders just be considered by the courts under section 93 of the Crimes (Sentencing) Act 2005, which deals with rehabilitation programs and good behaviour orders. The intention is to establish a single legislative framework to deal with persons that commit crime as a result of alcohol and/or drug dependence, and to avoid duplication in legislation.
Other changes to this act come about due to the omission of part 9. I have received an amendment from the minister, which is a further minor amendment to this legislation. I have had a brief look at it and it certainly seems that is a technical amendment to what is a technical amendment. We will be supporting that amendment.
I understand that there are about 20 individuals that this grandfather clause applies to. If these amendments streamline, and make simpler for all stakeholders, the range of tools courts have at their disposal to deal effectively with individuals who commit crime as a result of drug and alcohol dependence, then this is something that we do support.
The other aspect is the Health Records (Privacy and Access) Act 1997. The amendment to the Health Records (Privacy and Access) Act relates to electronic records. It states that an original, physical copy of health records can be destroyed if an electronic copy is created. It also makes clear that there is a reasonable expectation that an electronic record accurately reflects the original physical record in the event that the original record is destroyed. Of course, the strong need remains to ensure that the e-health records are adequately secured and protected.
In summary, we will be supporting these amendments today. They are technical in nature and will help clean up the drugs legislation. They will make records management of health records more streamlined and move us into the 21st century with the adoption of e-health records.
MS BRESNAN (Brindabella) (12.13): The Greens will be supporting the Health Legislation Amendment Bill. While the bill seeks to make only technical adjustments to existing legislation, it does deal with two important issues, they being the treatment of defendants with drug addiction and the management of people’s health records.
Part 2 of the bill seeks to amend the Drugs of Dependence Act and is about the courts making treatment orders for defendants who committed crimes while under the influence of drugs. The removal of said clauses from the drugs act is necessary given the duplication of rehabilitation provisions in both the drugs act and the Crimes (Sentencing) Act.
The Greens were advised during a briefing with ACT Health officials that the Drugs of Dependence Act is infrequently used by the courts. There is great usage, however, of the court alcohol and drug assessment service as the program has greater flexibility. The court alcohol and drug assessment service is available to defendants who are in
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