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Legislative Assembly for the ACT: 2003 Week 8 Hansard (20 August) . . Page.. 2936 ..


MR STANHOPE (continuing):

or is thought to have had, in the past; and an impairment that a person will have, or is thought will have, in the future.

In this way the Discrimination Act has been made to give broader protection from discrimination based on past, present or future impairment. The approach adopted by the ACT and by this government in the amendments to the Discrimination Act earlier this year is consistent with anti-discrimination legislation in Tasmania, New South Wales and the Commonwealth, which have all expanded the definition of "disability"to include disabilities that may exist in the future.

The issue of discrimination and genetic information, having been addressed by this government in its March amendments, is also, as has been mentioned, the basis of the consideration of the Australian Law Reform Commission and the Australian Health Ethics Committee in the joint inquiry into genetic testing information.

The Australian Law Reform Commission's report on the inquiry Essentially yours: the protection of human genetic information in Australia was released in May. The report is the end result of a two-year joint inquiry into genetic testing and information by the Australian Law Reform Commission and the Australian Health Ethics Committee. This brings me to the need to regulate the use of genetic information more generally, an issue that is examined in great detail in the report that the Australian Law Reform Commission has just concluded.

The terms of reference for the inquiry directed the Australian Law Reform Commission and the Australian Health Ethics Committee to consider, with respect to human genetic information and samples of human genetic information, how best to protect privacy, protect against unfair discrimination and ensure the highest ethical standards in research and practice.

The report's recommendations cover a comprehensive range of matters related to privacy, protection from unfair discrimination in employment and insurance, the use of genetic information in forensic investigations, parentage testing and ensuring the highest ethical standards of medical research and practice. These recommendations are directed to the Commonwealth, the state and territory governments, as well as other bodies involved in handling genetic information.

The recommendations seek, and highlight the importance of, a national approach to these issues. In enacting responses to the report, the recommendations seek to ensure that we:

have legislation that is harmonised in relation to genetic privacy, discrimination and other laws relating to genetic testing information, so that we do not have an ad hoc, piecemeal approach to these critical issues;

develop a model criminal offence related to non-consensual genetic testing;

enact legislation requiring genetic testing laboratories to be accredited;

develop strategies for parentage testing;

develop strategies for the provision of adequate genetic counselling and recognition of genetic counselling as a health profession;

develop minimum standards for and regulation of the collection, storage, destruction and index-matching of forensic material; and


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