Natasha Stott Despoja (SA, Australian Democrats) Share this | Hansard source

I move:

That the Senate take note of the answer given by the Minister for Human Services (Senator Ian Campbell) to a question without notice asked by Senator Troeth today relating to a proposed access card.

Senator Ian Campbell was given a dorothy dixer today by one of his own, in relation to a press release by the Australian Democrats that I put out on behalf of the party in relation to the government’s so-called smartcard or access card. I think I have got him rattled. Not only did he waste a dorothy dixer on this particular press release but also the government—or the Minister for Human Services, in this case—seemed to suggest that I wanted to deny people in emergency situations access to emergency assistance or medical help if they did not have the card. I am not quite sure what he was getting at, but I will make it very clear for the benefit of the government and those people working on the card and indeed the minister responsible for introducing this card—one of the most significant privacy intrusions into the lives of Australians ever and an intrusion being done with an alacrity that is of great concern: we only have to look at the amount of time that the legislation is going to be subject to scrutiny through the Senate committee process and through the Senate chamber itself; we are expecting those bills to be analysed, amended and passed by the end of March.

I want to make very clear my concerns. As members may know, last week the Access Card Consumer and Privacy Task Force released one of their discussion papers. It dealt with the issue of emergency circumstances and medical information. In my press release I wanted to know whether or not people who did not have an identity card—that is, people who did not have the so-called access card—would receive guarantees that they would get the same treatment. What about those people who were not carrying a card on them if they were in that particular emergency situation?

But the broader issue and the real issue of concern to those of us who have strong civil libertarian principles or who just plain care about their personal information was the issue about who has access to that information. Is it the case that every medical practitioner or emergency service worker in that circumstance would have access to that person’s personal details, their sensitive health and other information as contained in that card and on that card? Is it the case that those medical officials or those emergency staff and personnel would have access in the provision of that medical treatment? We just need some assurances as to how this card is going to be used. Beyond the surface of this card is going to lie a honey pot of every Australian’s private and sensitive information, including delicate health information.

The Minister for Human Services referred to other information that is being loaded onto this card. It is precisely the vagueness from the minister and other members of government as to what this other information is that gets us so concerned. What is it that is actually going to be contained as part of this other information on the card? The minister referred to blood type and other emergency health information, but he stopped short of outlining specifics to the Senate—for example, plans by the government to include details such as haemophilia or other illnesses. What illnesses are acceptable to put onto the card in a voluntary or other capacity? What guarantee will people have, if they do note this information voluntarily, that this information will be protected? What immunity or indemnity or other circumstances will be granted to emergency workers, for example, in the same way as the legislation provides for immunity and indemnity for some of the agencies and personnel who have accessed or are authorised to access this card?

There is a lot of information that needs to be gone through, and I am sure that it will be, through the Senate committee process, in the very short period of time left. But, when it comes to the minister’s response today to the question asked by Senator Troeth and the implication that somehow the Democrats wish to deny people emergency or medical treatment, that is a load of rot. What the Democrats would like to know is: what guarantees, what safeguards, what certainty, will members of the public have that their information is safe? What information will be accessible to those particular emergency workers and personnel? The serious inadequacy in relation to detail has been acknowledged by Professor Allan Fels, who is in charge of the government’s task force. There are still many questions to be answered. (Time expired)

Question agreed to.