Page 4920 - Week 13 - Thursday, 12 November 2009
Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . . PDF . . . . Video
MS GALLAGHER (Molonglo—Deputy Chief Minister, Treasurer, Minister for Health and Minister for Industrial Relations) (10.26): I move:
That this bill be agreed to in principle.
I present to the Assembly a very short but necessary bill, the Health Legislation Amendment Bill 2009, which contains two main amendments, both of which are relatively uncontentious and have been made to ensure better consistency within the ACT statute book and to remove unnecessary ambiguities and inefficiencies.
The bill does two things. It amends the Drugs of Dependence Act 1989 to consolidate laws relating to the rehabilitation of people with an alcohol or drug dependency who have been drawn into the criminal justice system and, secondly, it amends the Health Records (Privacy and Access) Act 1997 to allow for the destruction of health records when an electronic copy has been created.
In relation to the amendments to the Drugs of Dependence Act 1989, the bill repeals a superfluous scheme which regulates the treatment of offenders who have drug and alcohol dependencies. The commencement of the Crimes (Sentencing) Act 2005 on 2 June 2006, and in particular part 6.2 dealing with good behaviour orders and rehabilitation conditions, has led to the gradual phasing out of the use of the treatment assessment panels under part 9 of the Drugs of Dependence Act 1989.
Treatment assessment panels were originally intended to recommend appropriate drug and alcohol programs for treatment of offenders. These treatment assessment panels were considered cumbersome and lacking sufficient court supervision to make them effective. Additionally, the issue of providing appropriate drug and alcohol programs with appropriate preconditions is now prescribed under regulation in accordance with section 93 of the Crimes (Sentencing) Act 2005.
As such, it would be inefficient and a waste of government resources to continue with a defunct treatment scheme as presently appears in the Drugs of Dependence Act 1989 when an alternative regime exists under separate legislation, and also inappropriate to have two separate regimes regulating the same thing, creating unnecessary confusion and ambiguity. Given these circumstances, the government believes there is no longer any need to continue with the treatment scheme under the Drugs of Dependence Act 1989.
The amendment to the Health Records (Privacy and Access) Act would allow for the destruction of a health record when an electronic copy has been created. I note to the Assembly that this amendment creates a clarifying provision that is intended to enable, not limit, where a health record keeper can, but does not have to, destroy a record if an electronic copy of the record has been created. The amendment includes a simple clarifying provision that, while minor and uncontroversial, presents considerable practical advantages for health record keepers as well as enables better use of resources and better long-term maintenance of records. I commend the bill to the Assembly.
Debate (on motion by Mr Hanson) adjourned to the next sitting.
Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . . PDF . . . . Video