Katy Gallagher (ACT, Australian Labor Party, Minister for the Public Service) Share this | Link to this | Hansard source

I table an addendum to the explanatory memorandum relating to the bill. The addendum responds to matters raised by the Scrutiny of Bills Committee and the Parliamentary Joint Committee on Human Rights.

Malcolm Roberts (Queensland, Pauline Hanson's One Nation Party) Share this | Link to this | Hansard source

by leave—I move Pauline Hanson's One Nation amendment on sheet 3327:

At the end of the motion, add ", but the Senate is of the view that:

(a) Australians are increasingly concerned about the privacy and security implications of increasing use of centralised Digital IDs and other government data frameworks;

(b) My Health Record was originally promised to the Australian people as an   .opt-in, opt-out, voluntary system; and

(c) sharing sensitive medical information by default to My Health Record breaches this promise to the Australian people".

Question negatived.

Lidia Thorpe (Victoria, Independent) Share this | Link to this | Hansard source

by leave—I move my amendment on sheet 3258:

At the end of the motion, add ", but the Senate:

(a) notes that:

(i) significant barriers exist in accessing and transferring medical records for people in prisons, including minimal use of My Health Record, which disrupts continuity of care,

(ii) the National Review of First Nations Health Care in Prisons (the Review) identified urgent reforms needed to address substandard healthcare in prisons, including improving access to medical records upon entry, transfer and release,

(iii) recommendation 157 from the 1991 Royal Commission into Aboriginal Deaths in Custody (the Royal Commission) states that:

… efforts must be made by the Prison Medical Service to obtain a comprehensive medical history for the prisoner including medical records from a previous occasion of imprisonment, and where necessary, prior treatment records from hospitals and health services. In order to facilitate this process, procedures should be established to ensure that a prisoner's medical history files accompany the prisoner on transfer to other institutions and upon re-admission and that negotiations are undertaken between prison me dical, hospital and health services to establish guidelines for the transfer of such information,

(iv) systemic issues, such as incompatible information systems, force individuals and their advocates to submit freedom of information requests to access their own medical records, further delaying appropriate care,

(v) Aboriginal Community Controlled Health Organisations are already understaffed and subjected to high administrative burdens, which will be further strained by these reforms to My Health Record,

(vi) there remains significant privacy concerns amongst the public about their digital rights relating to My Health Record; and

(b) calls on the Government to:

(i) work with States and Territories to:

(A) resolve the issues highlighted in the Review regarding medical record access and transfer in prisons, and

(B) urgently implement the Review's recommendations to improve continuity of care for people in prisons, many of which reflect recommendations from the Royal Commission still yet to be implemented; and

(ii) ensure privacy protections and cybersecurity practices adequately protect health data and prevent the unauthorised sharing of health data with third parties,

(iii) provide additional support, including financial compensation where appropriate, to smaller healthcare providers, particularly Aboriginal Community Controlled Health Organisations, for the additional staffing requirements and administrative burden associated with uploading data and complying with these reforms; and

(iv) allocate resources to ensure that consumers are aware of the changes and the much more active role they will have to play in ensuring that the information they don't want on My Health Record is not uploaded".

Sue Lines (President) Share this | Link to this | Hansard source

The question is that Senator Thorpe's amendment on sheet 3258 be agreed to.

Sue Lines (President) Share this | Link to this | Hansard source

I will now deal with the Committee of the Whole amendment and the request for an amendment circulated by Senator Thorpe. As these amendments were not circulated within the required timeframe, they can only be considered by leave.

Lidia Thorpe (Victoria, Independent) Share this | Link to this | Hansard source

by leave—I move:

SHEET 3250

That the House of Representatives be requested to make the following amendment:

(1) Schedule 1, page 26 (after line 21), after item 25, insert:

25A After subsection 19(2)

Insert:

(2A) Despite subsection (2), a medicare benefit is payable in respect of a professional service if:

(a) the professional service has been rendered by, or on behalf of, or under an arrangement with:

(i) a State or an internal Territory; or

(ii) an authority established by a law of a State or a law of an internal Territory; and

(b) the professional service has been rendered in relation to a person who is in prison or has been recently released from prison; and

(c) the professional service is of a kind specified in an instrument made under subsection (2B).

(2B) The Minister must, by legislative instrument, specify one or more kinds of professional services for the purposes of paragraph (2A)(c).

(2C) The first instrument made under subsection (2B) must be made by the end of the period of 12 months beginning on the day this subsection commences.

_____

Statement pursuant to the order of the Senate of 26 June 2000

Amendment (1)

Amendment (1) is framed as a request because it amends the bill to increase the kinds of professional services in relation to which a Medicare benefit is payable. Specifically, it would require payments in relation to certain services provided to people in prison or recently released from prison. The amendment would therefore increase the amount of Medicare benefit payments made from the Medicare Guarantee Fund (Health) Special Account.

As the effect of this amendment is to increase payments made from the Medicare Guarantee Fund (Health) Special Account, it will increase expenditure under the standing appropriation in section 80 of the Public Governance, Performance and Accountability Act 2013 or in certain circumstances the standing appropriation in section 18 of the Medicare Guarantee Act 2017.

Statement by the Clerk of the Senate pursuant to the order of the Senate of 26 June 2000

Amendment (1)

If the effect of the amendment is to increase expenditure under a standing appropriation, then it is in accordance with the precedents of the Senate that the amendment be moved as a request.

_____

SHEET 3268

(1) Schedule 2, page 44 (after line 28), after the heading specifying National Health Act 1953, insert:

16A After subsection 100(1)

Insert:

(1AA) Without limiting subsection (1), the Minister must, by legislative instrument, make special arrangements for, or in relation to, providing that an adequate supply of pharmaceutical benefits will be available to persons who are in prison or another place of detention.

(1AB) The first instrument made under subsection (1AA) must be made by the end of the period of 12 months beginning on the day this subsection commences.

16B At the end of subsections 100(2) and (3)

Add "or (1AA)".

The:

The question is that Senator Thorpe's amendment and request for amendment on sheets 3250 and 3268 be agreed to.