VICDOC Winter 2022 - Magazine - Page 94
ISSUES RELATING TO THE ACT
BENEFITS OF THE ACT
Pursuant to s 134 ZL of the Act, a patient’s
consent is not required for the collection,
use of disclosure of their health information
which is permitted or authorised by the Act.
Therefore, the Act creates a centralised
database for medical records of patients
to be stored without patient consent and
patients cannot ‘opt out’.
The idea that a patient can ‘opt out’ is
based on the Federal My Health Record
Scheme, as in that case, patients can
withdraw consent to have their health
information being uploaded to the system
at any time. In addition, the System is said
to have created a privacy risk of having
confidential health information available
to participating health services without
adequate safeguards in place.
The Victorian Government has
recognised “both the sensitive nature of
health information and the importance of
having critically strict safety, security and
privacy measures put in place to ensure it
is protected”2. As such, they have planned
to implement safeguards, frameworks
and audit processes to securely manage
patient data and protect patient privacy.
In this regard, the Act establishes
a Privacy Management Framework by
delegating such power to the Minister.
The Privacy Management Framework is
intended to safeguard sensitive health
information and develop a process for
regular audits and compliance checks.
However, the specifics of the safeguard
or compliance check process are not
outlined in the Act.
The benefits of the Act are:
-
-
> It will facilitate public hospitals and
other relevant health services to share
health information between each other
efficiently and securely, for the purpose
of providing safe, effective and informed
medical treatment and care to patients;
> It will allow quick access to vital patient
information in an emergency, where that
patient has received care elsewhere;
> It will assist patients with language
barriers; and
> It will provide better support for health
services with regards to telehealth
consultations.
Whilst supporting the Act, the Victorian
Government has noted that “secure health
information sharing will deliver Victorians
the same benefits that patients around the
country are already getting, ensuring they
receive the best possible care”.
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2
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AMA VI C TO RIA
Second Reading Speech, Ms Thomas,
delivered on 8 February 2023
Second Reading Speech, Ms Thomas,
delivered on 8 February 2023