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Legislative Council - Fifty-Third Parliament, Second Session (53-2)
2017-11-15 Daily Xml
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Chemotherapy Treatment Error

The Hon. J.S. LEE (14:51): I seek leave to make a brief explanation before asking the Minister for Health questions in relation to chemotherapy dosing.

Leave granted.

The Hon. J.S. LEE: I refer to the minister's letter to Andrew Knox, dated 3 November, in relation to the internal forensic investigation into the chemotherapy dosing bungle. In that letter the minister stated that the internal forensic investigation has 'informed SA Health's ongoing disciplinary proceedings being taken in relation to its own staff members'. My questions to the minister are:

1. How many staff members have been subject to disciplinary proceedings?

2. How many of the disciplinary proceedings are under public sector regulation and how many are under health professional regulation through the Australian Health Practitioners Regulatory Authority?

3. How many of those have been resolved?

The Hon. P. MALINAUSKAS (Minister for Health, Minister for Mental Health and Substance Abuse) (14:53): Again this question goes to the issue that I attempted to explain for the Hon. Ms Lensink. The government and I have received very clear advice around constraints upon information that I can share publicly, due to not wanting to prejudice the outcome of those investigations.

To put it in a hypothetical context, if there were investigations taking place, and unnecessary or undue comment was made publicly, that could be construed as being an undermining of due process that needs to be followed in any disciplinary hearing, and then that would be highly problematic, because I think that what everybody wants is an outcome here. If someone has done something wrong, and it is unequivocal, and it is deliberate and conscious, then there needs to be an appropriate remedy or punishment associated with those areas. But they are for other bodies to make, not me personally. That will ultimately be up to an appropriate tribunal.

So the government is not in a position to go into substantial detail, because we are at pains to focus on making sure we do not do anything to undermine the outcome. I'm happy to say that it's more than one person, but beyond that, again, the government has to act on and I have to act on the advice I have received in regard to due process.

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