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Legislative Assembly for the ACT: 2005 Week 14 Hansard (22 November) . . Page.. 4402..


DR FOSKEY (continuing):

sooner and in a more flexible manner. I understand that when the ACT has its own prison, the logistical reasons for this amendment may fall away. Consequently, given that the amendment will be passed regardless of my stance on the matter, I propose that this provision be reviewed at a later date when we have our prison.

Amendments agreed to.

Bill, as a whole, as amended, agreed to.

Bill, as amended, agreed to.

Standing orders-suspension

Motion (by Mr Corbell ) agreed to, with the concurrence of an absolute majority:

That so much of standing orders be suspended as would prevent Private Members Business Order of the Day No 3 being called on forthwith.

Sentencing and Corrections Reform Amendment Bill 2005

Debate resumed from 22 June 2005, on motion by Mr Stefaniak:

That this bill be agreed to in principle.

Question resolved in the negative.

Health Records (Privacy and Access) Amendment Bill 2005

(No 2)

Debate resumed from 22 September 2005, on motion by Mr Corbell:

That this bill be agreed to in principle.

MR SMYTH (Brindabella-Leader of the Opposition) (12.01): The opposition will be supporting this bill. The purpose of the bill is to amend the Health Records (Privacy and Access Act) 1997. Members will recall that this act was amended earlier this year to fix a loophole whereby a person may have been able to gain access to the identity of people making mandatory or voluntary reports under sections 158 and 159 of the Children and Young Peoples Act 1999.

This amending bill is a general tidy up of the act, which has been in operation for eight years now. It sets in place some key timeframes, as well as making it easier for, for instance a deceased person's family to have access to their records. The bill sets out a new timeframe for keeping records. For adults it is seven years after the date of collection. For children under 18 years old, it is seven years after the child turns 18, that is, when the consumer turns 25 years old.

The bill better regulates the access to health records by third parties. Formerly, it was more of an all-or-nothing approach. There was some doubt, for instance, as to what


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