Senate Community Affairs Committee

REPORT ON ACCESS TO MEDICAL RECORDS

TABLE OF CONTENTS

MEMBERSHIP OF THE COMMITTEE

LIST OF ABBREVIATIONS AND ACRONYMS

RECOMMENDATIONS

CHAPTER 1: INTRODUCTION

Terms of reference
Background to the inquiry
Conduct of the inquiry
Acknowledgments

CHAPTER 2: IMPETUS FOR REFORM ACCESS TO MEDICAL RECORDS

Impetus for legislation: Implications of the Breen v Williams High Court Decision, 1996
The Australian Constitution
State and Territory initiatives
International legislative measures
Commonwealth/State cooperative agreements

CHAPTER 3: BROAD ISSUES RELATING TO ACCESS TO MEDICAL RECORDS

What is the problem to be fixed?
Definitions of a medical/health record
'Depending on the circumstances' access to health records
The benefits of access: better information, better records, better doctor/patient communication
The cost factor who paysCase studies: identified problems
Consumer issues

CHAPTER 4: PRIVACY ISSUES

Privacy and the private sector
Retention and storage of records
Information Privacy Principles and Industry Codes of Practice
Voluntary codes
Privacy and confidentiality: electronic records and telemedicine
Privacy and access: appeals and sanctions

CHAPTER 5: LEGISLATIVE OPTIONS FOR THE CREATION OF AN ACCESS SCHEME

Cooperative Commonwealth/State agreement
Proposed ACT legislation
Extension of Freedom of Information (FOI) legislation
Adoption of United Kingdom or New Zealand-style legislation
The 'Senator Neal' option
Other options for an access to medical records scheme

CHAPTER 6: EXEMPTIONS AND APPEALS PROCESSES

Exemptions to access to medical records
Psychiatric records: special cases?
Therapeutic privilege
Review bodies and appeals
Scrutiny of a Commonwealth access to medical records scheme
Operation of legislation

CHAPTER 7: THE NEED FOR CHANGE

Conclusion

GOVERNMENT SENATORS' MINORITY STATEMENT

Appendices

APPENDIX 1: ORGANISATIONS AND INDIVIDUALS WHO PRESENTED WRITTEN SUBMISSIONS AND ADDITIONAL INFORMATION TO THE INQUIRY

APPENDIX 2: WITNESSES WHO APPEARED BEFORE THE COMMITTEE AT PUBLIC HEARINGS

APPENDIX 3: INFORMATION PRIVACY PRINCIPLES

APPENDIX 4: SENATOR NEAL'S PROPOSED AMENDMENTS TO THE HEALTH INSURANCE AMENDMENT BILL (NO. 2) 1996

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