Coronial Investigations

Mr MARSHALL (Dunstan—Leader of the Opposition) (14:15): My question is to the Minister for Health. Given the concerns raised by the Coroner, will the minister commission an audit of root cause analyses undertaken in South Australia to ensure that all deaths which are required to be reported to the Coroner under section 28 of the Coroners Act have been reported?

The Hon. J.J. SNELLING (Playford—Minister for Health, Minister for the Arts, Minister for Health Industries) (14:15): I understand the Coroner has been on radio this morning. I have not seen exactly what he has said, but my understanding is that he has expressed concerns about root cause analysis not being disclosed to him as part of his proceedings. This was a matter, I think, in the Supreme Court where the Supreme Court (Justice Vanstone if I recall) ruled in favour of the government or the Department for Health that the statutory privilege that is provided to root cause analysis should be upheld. The Department for Health—not only could it not, but legally it was unable to provide information to the Coroner that he wanted.

There are very, very important reasons why root cause analyses have this particular privilege associated with them and why it is provided in the Health Care Act. This is something, I have to say, that has existed in legislation in living memory and been supported by both sides of politics when they have been in government. The reason why these are privileged is so that when something happens—when something goes wrong in our health system—clinicians can speak frankly and honestly about their actions without fear of repercussions from what they say as part of that root cause analysis proceeding.

So it is a long-held provision in South Australia, and my understanding is that similar provisions occur in health acts right around the country, that root cause analyses have this special provision in order to protect clinicians and to protect what they say. As soon as there is threat of repercussions from what a clinician might say as part of a root cause analysis—as soon as there are repercussions—then of course clinicians will be very careful about what they say and, to put it bluntly, will lawyer up and take legal advice about what they say, because they won't want to compromise themselves in the event of a medical indemnity proceeding, a medical negligence proceeding or any other proceedings.

Having said that, root cause analysis does not preclude other investigations happening; they run in parallel. So it does not preclude the Coroner having access to all other information: medical records; the whole gamut of information the Coroner needs as part of his investigations. It also doesn't preclude AHPRA and investigations that the AHPRA conducts. While root cause analyses have particular privilege attached to them, that doesn't preclude the other investigations, including coronial investigations, from happening. But it is a longstanding principle, and something that in the past at least has had support from both sides of politics, that—

Mr Marshall: Are you going to get to the question; you've got 15 seconds to go.

The SPEAKER: The leader is warned.

Mr Marshall interjecting:

The SPEAKER: The leader is warned a second and final time.

The Hon. J.J. SNELLING: It is a provision that has had support from—

Mr Tarzia interjecting:

The SPEAKER: The member for Hartley is called to order.

The Hon. J.J. SNELLING: —both sides of politics—

Mr Knoll: Come on Jack; are you going to do an audit?

The SPEAKER: The member for Schubert is called to order.

The Hon. J.J. SNELLING: —and I would expect that to continue.