Page 1344 - Week 05 - Thursday, 31 May 2007

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mainstream healthcare provision to the extent that that is possible, and that is what we are endeavouring to do.

The other issues that Dr Foskey raises about drugs and so on are matters that are first and foremost in our minds. The use of illicit drugs in the prison is always going to be a matter of concern. We will have to be diligent and we will adopt a harm minimisation approach to the use of drugs in the prison. The key issue is focusing, first of all, on preventing illicit substances from getting into the facility. That is an important element. Equally, measures to prevent the spread of blood borne disease are important and they will be considered closely in the corrections health planning framework. Obviously, rehabilitation will also be an important element of care and support for people who are in the custodial setting.

Finally, Dr Foskey dealt with the issues around the search powers for people in police cells and in court cells. I will not comment on the issues on court cells because it is not directly a matter I can comment on at this point, but in relation to police cells, as members would be aware, this Assembly does not have powers to legislate for the activities of the Australian Federal Police. They are a commonwealth agency. They are governed by commonwealth legislation and we are actually explicitly precluded from making laws in relation to the activities of the Australian Federal Police. Nevertheless, the issues that Dr Foskey raises are matters of interest and concern to me and I will be seeking some further information following her comments this evening. I thank members for their support for this bill and I commend it to the Assembly.

Question resolved in the affirmative.

Bill agreed to in principle.

Detail stage

Clauses 1 to 20, by leave, taken together and agreed to.

Clause 21.

MR CORBELL (Molonglo—Attorney-General, Minister for Police and Emergency Services) (5.40): I move amendment No 1 circulated in my name [see schedule 1 at page 1361]. I table a supplementary explanatory statement for these amendments.

Government amendment No 1 enables the chief executive responsible for the Public Health Act to appoint a doctor for the purposes of clause 21. The doctor contemplated in clause 21 would be responsible for the overall health services in a corrections centre, including the prevention of disease. The purpose of this amendment is to leave no doubt as to the doctor’s independence. The amendment shifts the responsibility of appointing a therapeutic doctor from the Chief Executive of the Department of Justice and Community Safety to the Chief Executive of ACT Health.

I am pleased that we have been able to reach agreement on this important matter and to clarify what has always been the intention of this legislation, which is to ensure the independence of the doctors responsible for therapeutic care in the AMC.


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