❓ A parliamentary question regarding potential breaches of the Privacy Act 1988 by medical practitioners completing Seniors Drivers Licence Renewal Declarations without explicit patient consent. The Minister acknowledges the issue and states the department is reviewing the process and will include a consent statement on the new form.
AnsweredQoN 2988Legislative Assembly
QuestionView source ↗
(1) I refer to the answer to question on notice No. 2564 and ask is the Minister aware that medical practitioners are required to complete the reverse side of the Seniors Drivers License Renewal Declaration (after the driver has completed the front side) and in doing so, provide detailed and confidential personal information to the Department for Planning and Infrastructure about their patient without that person’s written consent?
(2) Is the Minister aware that in providing personal confidential information to a third party without the written consent of his/her patient, medical practitioners may be in breach of the
Privacy Act 1988
?
(3) If so, will the Minister have the reverse side of the Seniors Drivers Licence Renewal Declaration form amended immediately so that the written consent of the patient is given before personal confidential information is provided to the Department for Planning and Infrastructure?
(2) Is the Minister aware that in providing personal confidential information to a third party without the written consent of his/her patient, medical practitioners may be in breach of the
Privacy Act 1988
?
(3) If so, will the Minister have the reverse side of the Seniors Drivers Licence Renewal Declaration form amended immediately so that the written consent of the patient is given before personal confidential information is provided to the Department for Planning and Infrastructure?
AnswerView source ↗
Answered
14 September 2004
Responded by
Minister for Planning and Infrastructure
Response time
83 days
(2) The reporting Medical Practitioner is not considered in breach of the Privacy Act 1988. The definition of consent in the Act means "express or "implied consent. As the department has informed an applicant in the application form of the purpose for which the information is being collected and on the basis on which collection of the information is required, it is considered that the applicant has provided implied consent and therefore no breach of the Act has occurred. (3) The department is currently reviewing its medical assessment processes including the form, in line with the National Medical Standards ?Assessing Fitness to Drive? for Licensing Commercial Drivers and Private Vehicle Drivers (Austroads). The department is intending to include on the new form a statement to be signed by the applicant providing "explicit consent to the Medical Practitioner to release the medical information to the department.
(3) The department is currently reviewing its medical assessment processes including the form, in line with the National Medical Standards ?Assessing Fitness to Drive? for Licensing Commercial Drivers and Private Vehicle Drivers (Austroads). The department is intending to include on the new form a statement to be signed by the applicant providing "explicit consent to the Medical Practitioner to release the medical information to the department.
(3) The department is currently reviewing its medical assessment processes including the form, in line with the National Medical Standards ?Assessing Fitness to Drive? for Licensing Commercial Drivers and Private Vehicle Drivers (Austroads). The department is intending to include on the new form a statement to be signed by the applicant providing "explicit consent to the Medical Practitioner to release the medical information to the department.
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