Confidentiality Agreements

Mr WILLIAMS (MacKillop) (15:01): The member for Kavel tells me he is about to bake a birthday cake on that piece of correspondence. My question is also to the Minister for Health. Can the minister explain why, when SA Health pays compensation because a hospital has been responsible for an adverse outcome, does SA Health insist on the recipient of such a payment signing a confidentiality agreement?

The Hon. J.R. RAU (Enfield—Deputy Premier, Attorney-General, Minister for Justice Reform, Minister for Planning, Minister for Industrial Relations, Minister for Child Protection Reform, Minister for the Public Sector, Minister for Consumer and Business Services, Minister for the City of Adelaide) (15:01): The general rule when the state settles matters is that there is a deed of release, and that's a standard matter. The deed of release guarantees that the disputes between the parties have come to an end and that there will be no further agitation of whatever it is that has been separating the parties.

As to whether there are additional terms in relation to the transmission of information beyond that to third parties, again that is not an unusual provision in the resolution of matters, and I imagine it's a matter that is dealt with on a case-by-case basis. I can assure members, and I know that the member for Bragg would know this from her extensive practice as well, that it is quite standard for matters—

Mr Marshall: You just said 'case-by-case' though. It's either standard or it's case by case.

The Hon. J.R. RAU: This is right. That is a very interesting point that's raised. The standard is the thing that applies most of the time or, indeed, as the default arrangement all the time, but there are some things which are not standard, and there may be a number of reasons why they may not be standard. In the context of a matter which may not be standard, the standard outcome may not apply but, if the standard is not to apply—that is, the standard outcome—in a non-standard sort of matter, the standard requirement is that there is a negotiation around whether the standard provisions continue. Sometimes, that occurs, but the standard is it generally doesn't.