Footnotes

Chapter 1 - Personally Controlled Electronic Health Records Bill 2011 and the

[1]        Journals of the Senate, 25 November 2011, p. 1961.

[2]        Journals of the Senate, 28 February 2012, p. 2139.

[3]        Journals of the Senate, 13 March 2012, p. 2214; Journals of the Senate, 15 March 2012, p. 2257.

[4]        The Hon. Nicola Roxon MP, Minister for Health and Ageing, Second Reading Speech, House of Representatives Hansard, 23 November 2011, p. 13576.

[5]        Personally Controlled Electronic Health Records Bill 2011, Explanatory Memorandum, p. 1.

[6]        PCEHR Bill 2011, Explanatory Memorandum, p. 1.

[7]        PCEHR Bill 2011, Explanatory Memorandum, p. 45.

[8]        Personally Controlled Electronic Health Records (Consequential Amendments) Bill 2011, Explanatory Memorandum, p. 1.

[9]        Personally Controlled Electronic Health Records (Consequential Amendments) Bill 2011, Explanatory Memorandum, p. 8.

Chapter 2 - The bills

[1]        The Hon. Nicola Roxon MP, Minister for Health and Ageing, Second reading speech, House of Representatives Hansard, 23 November 2011, p. 13576.

[2]        Second reading speech, House of Representatives Hansard, 23 November 2011, pp 13576–13577.

[3]        Second reading speech, House of Representatives Hansard, 23 November 2011, p. 13576.

[4]        Second reading speech, House of Representatives Hansard, 23 November 2011, p. 13577.

[5]        Second reading speech, House of Representatives Hansard, 23 November 2011, p. 13577.

[6]        The Hon. Nicola Roxon MP, Minister for Health and Ageing, Second reading speech, House of Representatives Hansard, 23 November 2011, p. 13577.

[7]        Second reading speech, House of Representatives Hansard, 23 November 2011, p. 13577.

[8]        Second reading speech, House of Representatives Hansard, 23 November 2011, p. 13578.

[9]        Second reading speech, House of Representatives Hansard, 23 November 2011, p. 13578.

[10]      Second reading speech, House of Representatives Hansard, 23 November 2011, p. 13578.

[11]      Second reading speech, House of Representatives Hansard, 23 November 2011, p. 13578.

[12]      Second reading speech, House of Representatives Hansard, 23 November 2011, p. 13578.

[13]      Dr Steve Hambleton, President, Australian Medical Association, Committee Hansard, 6 February 2012, p. 1.

[14]      The Royal Australian College of General Practitioners, Submission 24, p. 4.

[15]      Dr Pendo Mwaiteleke, Principal Policy Officer, Aboriginal Health Council of Western Australia, Committee Hansard, 6 February 2012, p. 8.

[16]      Ms Carol Bennett, Chief Executive Officer, Consumers Health Forum of Australia, Committee Hansard, 6 February 2012, p. 16.

[17]      Dr Juanita Fernando, Chair, Health Sub Committee, Australian Privacy Foundation, Committee Hansard, 6 February 2012, p. 36.

[18]      Mr Jon Hughes, President, Medical Software Industry Association, Committee Hansard, 6 February 2012, p. 24.

[19]      Personally Controlled Electronic Health Records Bill 2011, Explanatory Memorandum, p. 13.

[20]      Personally Controlled Electronic Health Records Bill 2011, Explanatory Memorandum, p. 13.

[21]      PCEHR Bill, Subclause 14(1), lines 4­–12, p. 19.

[22]      PCEHR Bill, Paragraph 14(1)(b), lines 4–12, p. 19.

[23]      Ms Carol Bennett, Chief Executive Officer, Consumers Health Forum of Australia, Committee Hansard, 6 February 2012, p. 16.

[24]      Dr Juanita Fernando, Chair, Health Sub Committee, Australian Privacy Foundation, Committee Hansard, 6 February 2012, pp 36, 37.

[25]      Dr Roger Clarke, Chair, Australian Privacy Foundation, Committee Hansard, 6 February 2012, pp 37–38.

[26]      Medical Software Industry Association, Submission 46, p. 6.

[27]      Ms Huxtable, Department of Health and Ageing, Committee Hansard, 6 February 2012, pp 61–62.

[28]      An example of an advisory structure was suggested by the Consumers eHealth Alliance, Submission 37, pp 8, 14. Dr David More also set out a suggested governance approach, Supplementary Submission 21, p. 13.

[29]       Personally Controlled Electronic Health Records Bill 2011, Clause 19, lines 13–29, p. 22.

[30]      National law is defined in the PCEHR bill in Clause 5: National Law means: (a) for a State or Territory other than Western Australia—the Health Practitioner Regulation National Law set out in the Schedule to the Health Practitioner Regulation National Law Act 2009 of  Queensland, as it applies (with or without modification) as a law of the State or Territory; or (b) for Western Australia—the Health Practitioner Regulation National Law (WA) Act 2010 of  Western Australia, so far as that Act corresponds to the Health Practitioner Regulation National Law set out in the Schedule to the Health Practitioner Regulation National Law Act 2009 of Queensland.

[31]      Personally Controlled Electronic Health Records Bill 2011, Clauses 26­–27, lines 16–27, p. 25, lines 1–26, p. 26.

[32]      The Royal Australian and New Zealand College of Psychiatrists, Submission 32, p. 1.

[33]      The Australian Dental Association, Submission 42, p. 5.

[34]      Australian College of Midwives, Submission 29, p. 3.

[35]      Personally Controlled Electronic Health Records Bill 2011, Clause 3, lines 13–17, p. 2, lines 1–6, p. 3.

[36]      Dr Steve Hambleton, President, Australian Medical Association, Committee Hansard, 6 February 2012, p. 1.

[37]      Dr Steve Hambleton, President, Australian Medical Association, Committee Hansard, 6 February 2012, p. 4.

[38]      Ms Carol Bennett, Chief Executive Officer, Consumers Health Forum of Australia, Committee Hansard, 6 February 2012, p. 20.

[39]      Ms Abbe Anderson, Chief Executive Officer, Metro North Brisbane Medicare Local, Committee Hansard, 6 February 2012, pp 44–45.

[40]      Ms Abbe Anderson, Chief Executive Officer, Metro North Brisbane Medicare Local; Mr Adam McLeod, Director, Strategy and eHealth, Inner Melbourne East Medicare Local, Committee Hansard, 6 February 2012, pp 44–45.

[41]      Dr Juanita Fernando, Chair, Health Subcommittee, Australian Privacy Foundation, Committee Hansard, 6 February 2012, p. 41.

[42]      Ms Rosemary Huxtable, Deputy Secretary, Department of Health and Ageing, Committee Hansard, 6 February 2012, pp 66–67.

[43]      Dr Vincent McCauley, Committee Hansard, p. 27.

[44]      MSIA, answer to question on notice, received 5 March 2012, p. 2.

[45]      Mr John Hughes, President, MSIA, Committee Hansard, p. 24.

[46]      Dr Vincent McCauley, Medical Software Industry Association, Committee Hansard, 6 February 2012, pp 25–26.

[47]      Dr Vincent McCauley, Medical Software Industry Association, Committee Hansard, 6 February 2012, p. 27.

[48]      Dr Vincent McCauley, Medical Software Industry Association, Committee Hansard, 6 February 2012, pp 25–26.

[49]      Dr Vincent McCauley, Medical Software Industry Association, Committee Hansard, 6 February 2012, p. 27.

[50]      Mr Paul Madden, Chief Information and Knowledge Officer, Department of Health and Ageing, Committee Hansard, 6 February 2012, p. 67.

[51]      National E-Health Transition Authority, answer to question on notice, (received 16 February 2012).

[52]      Mr Paul Madden, Chief Information and Knowledge Officer, Department of Health and Ageing, Committee Hansard, 6 February 2012, p. 67.

[53]      Department of Health and Ageing, answer to question on notice no. 10, (received 9 March 2012).

[54]      Personally Controlled Electronic Health Record Bill 2011, Clause 5, lines 31–33, p. 6. Healthcare provider organisation is defined as being ' an entity that has conducted, conducts, or will conduct, an enterprise that provides healthcare (including healthcare provided free of charge), Source: Personally Controlled Electronic Health Record Bill 2011, Clause 5, lines 1–3, p. 7.

[55]      Personally Controlled Electronic Health Record Bill 2011, Clauses 42, 61. Healthcare provider organisations can include individual healthcare providers: see the definitions of 'healthcare provider organisation' and 'entity' in Clause 5 of the bill.

[56]      Healthcare Identifiers Act 2010, ss 9, 9A.

[57]      Australian Privacy Foundation, Submission 10, p. 3.

[58]      NSW Centre for the Advancement of Adolescent Health, Submission 27, p. 2.

[59]      Ms Shelagh Lowe, Manager Policy and Programs, Services for Australian Rural and Remote Allied Health, Committee Hansard, 6 February 2012, p. 12.

[60]      Personally Controlled Electronic Health Records Bill 2011, Clause 5, lines 32–33, p. 8, lines 1–21, p. 9.

[61]      The Pharmacy Guild of Australia, Submission 23, p. 5.

[62]      Australian College of Midwives, Submission 29, pp 2–3.

[63]      Pharmaceutical Society of Australia, Submission 26, p. 2.

[64]      Healthcare Identifiers Act 2010, s. 9A(2).

[65]      PCEHR Bill, Explanatory Memorandum, p. 35.

[66]      Mr Stephen Murby, Chair, Consumers Health Forum Australia, Committee Hansard, 6 February 2012, p. 18.

[67]      Ms Carol Bennett, Chief Executive Officer, Consumers Health Forum of Australia, Committee Hansard, 6 February 2012, pp 16–17.

[68]      Ms Carol Bennett, Chief Executive Officer, Consumers Health Forum of Australia, Committee Hansard, 6 February 2012, pp. 16, 22.

[69]      Ms Abbe Anderson, Chief Executive Officer, Metro North Brisbane Medicare Local; Mr Adam McLeod, Director, Strategy and eHealth, Inner Melbourne East Medicare Local, Committee Hansard, 6 February 2012, pp 43–44.

[70]      Ms Carol Bennett, Mr Stephen Murby, Consumers Health Forum of Australia, Committee Hansard, 6 February 2012, p. 21.

[71]      Dr Steve Hambleton, President, Australian Medical Association, Committee Hansard, 6 February, pp 3–4.

[72]      Ms Shelagh Lowe, Manager Policy and Programs, Services for Australian Rural and Remote Allied Health, Committee Hansard, 6 February 2012, p. 12.

[73]      Mr Jon Hughes, President, Medical Software Industry Association, Committee Hansard, 6 February 2012, pp 24–25.

[74]      Ms Rosemary Huxtable, Deputy Secretary, Department of Health and Ageing, Committee Hansard, 6 February 2012, p. 66.