Page 40 - Week 01 - Tuesday, 9 February 2010
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the pre-sentencing and sentencing stages and includes defendants who misuse illicit drugs.
I would just like to acknowledge the treatment assessment panel’s innovative way of addressing defendants with drug and alcohol addictions. It has, unfortunately, not been as timely and flexible as is often needed with these cases. The courts are currently drafting new practice directions for magistrates so that the court alcohol and drug assessment service program can be expanded and better utilised. The Greens believe that this is a wise move, given the significant number of defendants who suffer from drug and alcohol addictions.
The Health Legislation Amendment Bill also seeks to remove the requirement that the Minister for Health approve treatment centres. It is now the case that centres are approved by the government when they are awarded contracts for service provision. The bill also, at first glance, removes the ability of treatment centres to appeal to the ACT Civil and Administrative Tribunal if an unfair decision has been made about them by the government. The government has reassured us that the ACAT appeals process remains despite the legislative change. Under government contracts, if a non-government provider believes there has not been procedural fairness, they can appeal to ACAT. The Greens will be keeping a close watch on this particular and important aspect to make sure it remains a standard part of contracts.
Part 3 of the Health Legislation Amendment Bill allows health records to be destroyed when an electronic copy is created. The Greens support this provision and look forward to the day when e-health records are common practice. As has already been noted, the government will be moving an amendment to include transitional provisions. As has been noted also, this means that 20 or so people being treated under previous provisions can be grandfathered, and this is, of course, common practice when new program arrangements come into effect. We will be supporting this minor amendment also.
MS GALLAGHER (Molonglo—Deputy Chief Minister, Treasurer, Minister for Health and Minister for Industrial Relations) (12.16), in reply: Again, I thank members for their support for this bill. As I said when I introduced this bill in November, this is a short omnibus bill presenting relatively uncontentious amendments to the Drugs of Dependence Act and the Health Records (Privacy and Access) Act.
The bill repeals a scheme which we no longer need. It regulates the treatment of offenders who have drug and alcohol dependencies. The commencement of the Crimes (Sentencing) Act 2005 on 2 June 2006, in particular part 6.2 dealing with good behaviour orders and rehabilitation conditions, has led to the gradual phasing out of the use of treatment assessment panels under part 9 of the Drugs of Dependence Act. Treatment assessment panels were originally intended to recommend appropriate drug and alcohol programs for the treatments of offenders.
These treatment assessment panels were considered cumbersome and lacked sufficient court supervision to make them effective. Additionally, the issue of providing appropriate drug and alcohol programs with appropriate pre-conditions is now prescribed under regulation in accordance with section 93 of the Crimes (Sentencing)
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