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Legislative Council - Fifty-Fourth Parliament, Second Session (54-2)
2020-06-18 Daily Xml
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Disability Services

The Hon. D.G.E. HOOD (14:56): My question is to the Minister for Human Services. Can the minister outline what legal and/or policy constraints exist on what personal details can be shared publicly about individuals?

The Hon. J.M.A. LENSINK (Minister for Human Services) (14:57): Thank you, Mr President, and I thank—

The Hon. K.J. Maher interjecting:

The PRESIDENT: The honourable Leader of the Opposition, you are trying my patience to the end. Minister for Human Services.

The Hon. J.M.A. LENSINK: I will start again.

The PRESIDENT: Please.

The Hon. J.M.A. LENSINK: Thank you, Mr President, and I thank the honourable member for his excellent question. There are a number of legal and policy constraints on what can be shared publicly about individuals, and it would be good if the Labor Party could pay particular heed to these. The advice I have received from my department is that:

To protect confidentiality and minimise risk, it is generally recommended—

Members interjecting:

The Hon. J.M.A. LENSINK: No, to individuals.

The PRESIDENT: Order! Don't be diverted, minister, please.

The Hon. J.M.A. LENSINK: The advice is that:

…it is generally recommended that ministerial comments do not identify individuals and their circumstances. Particular attention should be given to the privacy of vulnerable individuals.

Premier and Cabinet Circular No. 12 sets out requirements under the Information Privacy Principles Instruction and regulates the way the State Government can disclose personal information.

Which is as follows:

You may not disclose personal information about someone for a purpose that is not the purpose of collection unless it falls under one of the below exceptions:

That the record-subject would reasonably expect it to be disclosed for another purpose and that purpose is related to the primary purpose of collection,

The record-subject has consented,

You believe it to be reasonable to prevent or lessen a serious threat to life, health or safety of the record-subject or of someone else,

Disclosure is required or authorised by law,

Disclosure is reasonably necessary for enforcement of the criminal law, or a law imposing pecuniary penalty or the protection of public revenue, interests of the government, statutory authority or statutory office holder as an employer.

There are specific statutes as well which quite explicitly mean that anyone who is in a position to obtain information that is confidential should not disclose it. This includes child protection legislation, mental health, youth justice and SACAT.

The family did advise that they were grateful for the care their sister received. They advised that they don't have any concerns with staff at the service and do not want them to be blamed for her death. They also expressed that they did not wish for this to be a matter of media interest. They also did not wish for comparisons to be made with the tragic case of Ann Marie Smith.

I have advised that this matter is under investigation. I would repeat the fact that there are a number of allegations that have been aired by the Leader of the Opposition and the member for Hurtle Vale which are not correct and, in fact, I was somewhat concerned when the honourable member raised these yesterday, and I asked him whether he would ensure that they were provided forthwith. It appears from the shadow minister's own media release that some of these allegations were made on 1 June. I was not advised of this information. The shadow minister had specific allegations—

The Hon. K.J. Maher: Because you don't ask, you're not interested, you're not serious.

The PRESIDENT: Order!

The Hon. J.M.A. LENSINK: —that she sat on for over two weeks—

Members interjecting:

The PRESIDENT: Order!

The Hon. J.M.A. LENSINK: —specific, disturbing allegations that she sat on for two weeks because that is how much—

Members interjecting:

The PRESIDENT: Order!

The Hon. J.M.A. LENSINK: —she cares about the welfare and wellbeing of vulnerable South Australians.

Members interjecting:

The PRESIDENT: Order!

The Hon. J.M.A. LENSINK: The email of 1 June from a whistleblower sent to the Hurtle Vale electorate office over two weeks ago.

Members interjecting:

The PRESIDENT: Order!

The Hon. J.M.A. LENSINK: We all have a duty of care. The member for Hurtle Vale—

Members interjecting:

The PRESIDENT: Order!

The Hon. J.M.A. LENSINK: —loves to remind everyone that she is a caring person because she's a nurse. Well, what—

Members interjecting:

The PRESIDENT: Order!

The Hon. J.M.A. LENSINK: —kind of duty of care does it demonstrate to have allegations of that nature and not provide them to—

Members interjecting:

The PRESIDENT: Order!

The Hon. J.M.A. LENSINK: —people who could follow up these matters? I think that raises a great deal of concern.

Members interjecting:

The PRESIDENT: Order! Minister, sit down. Question time is an opportunity for the opposition to ask questions, and the crossbench, and certainly members of the government. The questions are almost invariably asked and listened to in silence. The answers should also be listened to in silence. I am not going to continue to have this rabble. I will not deny the crossbench their questions. If this keeps up, I will just go straight to the crossbench, and I will listen to their questions for the rest of question time. Minister, please conclude your answer and let's move on.

The Hon. J.M.A. LENSINK: I am nearly finished, Mr President. I note that the member for Hurtle Vale posted a story about this page on her Facebook page. She received a comment from Kelly Vincent, which appears to have been deleted, but can I just echo Kelly's comments to the member for Hurtle Vale: you are profiting from grief and it's disgusting.

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