Hansard debates

                      IMPROVING CANCER OUTCOMES BILL 2014
                           Statement of compatibility
Ms  WOOLDRIDGE  (Minister  for  Mental  Health) tabled  following  statement  in
accordance with Charter of Human Rights and Responsibilities Act 2006:
  In   accordance  with  section  28   of  the  Charter  of   Human  Rights  and
  Responsibilities  Act 2006  (the  charter  act),  I  make  this  statement  of
  compatibility with  respect  to the Improving  Cancer Outcomes Bill  2014 (the
  bill).

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  In my opinion,  the  bill, as introduced  into  the Legislative  Assembly,  is
  compatible  with the  human rights  set out in  the charter  act. I  base this
  opinion on the reasons outlined in this statement.
  Overview of the bill
  The bill  provides  for  the  repeal  of  the Cancer  Act 1958  (the act)  and
  introduces modern cancer legislation, the principal aim of which is to support
  Victoria's efforts to reduce cancer incidence, morbidity  and mortality and to
  enhance  the wellbeing  of  those  affected by  cancer  and the  wellbeing  of
  Victorians generally. The bill articulates the functions  of the secretary  to
  the Department of Health (the secretary) with respect to cancer, establishes a
  framework for  the  collection,  management, use and disclosure of information
  relating to cancer, and provides  a mechanism for setting Victoria's strategic
  policy framework for cancer.

  Human rights relevant to the bill
  The rights relevant  to  the bill are the  right to privacy and  the  right to
  freedom of expression. Both of these rights are examined below.
  The right to privacy
  Section 13(a)  of the charter act provides  that a person has the right not to
  have his or her privacy unlawfully or arbitrarily interfered with. The clauses
  relevant to this right are described below.
  Part 3 of the bill empowers the secretary to collect the health information of
  individuals for the purpose  of  performing  the  secretary's  functions  with
  respect to cancer.

  Specifically,  the  bill  provides  for  the mandatory reporting of prescribed
  information to  the secretary about  individuals  who have  been  screened for
  cancer and those who have been diagnosed with cancer.
  The  act  has provided  for  the reporting of  cancer  diagnosis and screening
  information in Victoria since the  1980s.  The  bill  remedies a number of the
  limitations identified with  the  current  legislation  by  allowing  for  the
  secretary to direct  that further information  is provided in order  to ensure
  the accuracy of  reported information and empowering the secretary to  collect
  health information  about Victorian  residents  from other  sources, including
  interstate cancer screening and cancer registers.
  Part  3 of  the bill empowers  the secretary  to use  and disclose  the health
  information  of  individuals  for the purpose of  performing  the  secretary's
  functions with respect to cancer.

  These  functions  are  articulated in part 2 of the bill and include promoting
  participation in cancer screening and supporting cancer research. For example,
  the secretary will be able to use an individual's health information to invite
  the individual to  undergo cancer screening. The  secretary would also be able
  to  disclose an individual's  health information to a  third party undertaking
  cancer research.
  The bill also articulates a number of circumstances in which the secretary may
  lawfully disclose  an individual's health  information to a third party. These
  include where the purpose of the disclosure is to enable the  recipient of the
  information to provide appropriate follow-up and  clinical  management  to  an
  individual who has been screened for cancer.
  For the reasons that  follow,  the  limitations  which  the bill imposes on an
  individual's right to privacy are reasonable and justifiable.

  The bill provides  for health information  about individuals to  be collected,
  used and disclosed  in  order to  deliver  better  health outcomes  for  those
  individuals. For example, the bill will assist individuals in mitigating their
  risk of developing cancer by providing the means for a comprehensive record of
  their cancer screening history to be held in their home jurisdiction.
  More broadly, the bill allows for the  information  which  is collected by the
  secretary to be used to benefit the health of the  broader  community.  Cancer
  incidence  in  Victoria  is projected to increase over the coming years as the
  population  ages.  The bill  will  better position Victoria  to  deal with the
  challenges  posed  by  this  disease  by  empowering  the  secretary  to  make
  well-informed decisions about the provision  of  health  services  relating to
  cancer  and  the  development  of  cancer policies, programs and  initiatives.
  Further,  the  bill  will  inform  cancer   research  and  promote  continuous
  improvement in the quality and safety of health services relating to cancer.

  The  bill also  sets out  a number  of safeguards  for  the  protection  of an
  individual's privacy. For example, section 14 of the bill provides that if the
  secretary  uses  or discloses  health  information for  a  purpose other  than
  performing the secretary's functions,  consent  of the individual is required.
  Further,  the  secretary  is  required  to comply  with  the  protections  and
  safeguards set out in the Health  Records  Act  2001  in collecting, using and
  disclosing health information.
  The right to freedom of expression
  Section 15 of the charter act articulates the right to  freedom of expression.
  The mandatory reporting obligations which are contained in part 3 of  the bill
  are  relevant to this right  as these provisions compel  prescribed persons or
  organisations  to  report   information  about  individuals  screened  for  or
  diagnosed with cancer to the secretary.

  Section  15(3)(b)  of the charter act recognises that the right to freedom  of
  expression may be  subject to lawful restrictions reasonably necessary for the
  protection  of  public  health.  These  provisions  are considered  reasonably
  necessary  to  allow  for the secretary to perform his or her  functions  with
  respect to cancer. As  stated with  respect to  the right to privacy, the bill
  provides for information which has been collected  by the secretary to be used
  for public health purposes.
    Hon. Mary Wooldridge, MP
  Minister for Mental Health