Page 3024 - Week 10 - Tuesday, 23 August 2005

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relation to administrative matters. This also makes the restrictions that apply to the function of the commissioner consistent with the restriction of the president’s functions as laid out in clause 19 (2).

Amendment No 5 would restore some authority to the health services commissioner, subjecting decisions of this commissioner to the decisions of the commission overall only in relation to matters of an administrative nature.

Amendment negatived.

Clause 23 agreed to.

Clause 24 agreed to.

Clause 25.

DR FOSKEY (Molonglo) (11.48): I seek leave to move amendments Nos 6 and 7 circulated in my name together.

Leave granted.

DR FOSKEY: I move amendments Nos 6 and 7 circulated in my name [see schedule 1 at page 3105].

Amendment No 6 would insert a new clause 25 (1) (aa) in respect of the functions of the health commissioner. The amendment is designed to promote the human rights and welfare of people with a health or mental health issue, and their carers through promoting the provision of information and advice to people with a health or mental health issue, and their carers; promoting and monitoring public awareness on issues affecting people with a health or mental health issue, and their carers; conducting and monitoring research into issues affecting people with a health or mental health issue, and their carers; making recommendations to government and non-government agencies on legislation, policies, practices and services that affect people with a health or mental issue, and their carers; and promoting the participation of people with a health or mental health issue, and their carers in the making of decisions that affect their lives.

I will argue the case for this amendment in the same way that I argued the case for the similar amendment to the functions of the disability and community services commissioner. I believe that the functions of the health services commissioner should be broad and encompass functions that allow the commissioner to be proactive as well as reactive. As I have previously stated, I am concerned that this bill focuses the function of the commission as a whole and individual commissioners too narrowly on complaint processes and service delivery issues. Broader issues concerning citizenship and community attitudes are often at the heart of issues impacting on human rights. Rather than looking only at how this plays out in a service system, commissioners may well identify issues that require a more preventative whole of community approach.

This amendment seeks to articulate a broader role for the health services commissioner in identifying and reviewing issues affecting relevant groups beyond the narrow confines of a service system. For example, the commissioner could identify that changing


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