REPORT ON ACCESS TO MEDICAL RECORDS
Navigation: Previous Page | Index | Next Page
GOVERNMENT SENATORS' MINORITY STATEMENT
As a Government Senator I recognise and acknowledge a generally wide
held feeling in the community about access to one's own medical records.
I cannot however totally endorse the thrust of the majority report as
it does not take into consideration a number of factors such as:
- The ramifications of the Commonwealth's limited constitutional powers
to legislate in this area cannot simply be acknowledged and then pushed
aside before proceeding with legislation;
- The need for extensive consultation and discussions with the Commonwealth/
State and Territory governments, the medical profession, other providers
such as private hospitals and, of course, consumers PRIOR to further
action;
- The need to develop an effective and practical code of practice, whether
or not that code is enshrined in legislation;
- Noting that the submission from the Department of Health and Family
Services reported that the Department, at the direction of the Minister
for Health and Family Services, is finalising the terms of reference
and composition of a working party, comprising representatives of health
care providers and consumers to examine the issue of access to medical
records and a voluntary code of practice.
I believe that the majority report is an over simplified, and prescriptive
approach to what are very complex issues. To suggest, as the majority
report does, that the solution is simply for the Commonwealth to impose
a legislative code of practice is wishful at best and seems to overlook
many of the realities of medical practice, especially general practice.
No such code could ever successfully be introduced without the full cooperation
of State and Territory governments.
I acknowledge and agree with the proposition put forward that there needs
to be an assurance that consumer and provider interests are adequately
protected by guaranteeing that any code of practice does not act retrospectively.
The initiative of the Minister for Health and Family Services should
be supported and encouraged to arrive at a workable solution whereby practical
patient access to medical records becomes a reality. He has outlined a
sensible approach to finding common ground between the various constituencies
in the health sector, including consumers, so as to bring about a workable
code of practice. I therefore believe that the Minister's approach should
be given time to work. Notwithstanding the other comments I have made,
I note that the majority report recommendations, if implemented, would
not allow that time.
Senator Sue Knowles, Deputy Chairman
(LP, Western Australia)
Navigation: Previous Page | Index | Next Page