Parliament of Australia: Senate: Committee: Access to Medical Records

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REPORT ON ACCESS TO MEDICAL RECORDS

JUNE 1997

ISBN 0 642 25134 7

This document was produced from camera-ready copy prepared by the Senate Community Affairs References Committee Secretariat and printed by the Senate Printing Unit, Parliament House, Canberra

View the report as separate downloadable parts:


MEMBERSHIP OF THE COMMITTEE

LIST OF ABBREVIATIONS AND ACRONYMS

RECOMMENDATIONS

CHAPTER 1 - INTRODUCTION

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
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

For further information, contact:

Committee Secretary
Senate Standing Committee on Community Affairs
PO Box 6100
Parliament House
Canberra ACT 2600
Australia

Phone: +61 2 6277 3515

Fax: +61 2 6277 5829

Email: community.affairs.sen@aph.gov.au