Senate Community Affairs Committee

REPORT ON ACCESS TO MEDICAL RECORDS

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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)

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