Dawesville MP Zak Kirkup has hit out at legislation that prevents people from talking to journalists or members of parliament about a health complaint, in fear of being slugged with a $2500 fine.
The Health and Disability Services (Complaints) Act 1995 states that a person “in conciliation or investigation proceedings” under the act, can be fined if they disclose information about their issue.
The exceptions to the confidentiality clause are if the person receives permission from the health minister, discloses in the course of duty or as required by the act.
It is stifling someone's ability to raise concerns.
- Dawesville MP Zak Kirkup
Mr Kirkup said the legislation was “one of the most unusual” he had come across and the only piece of legislation for a state-provided service that had such a strict confidentiality clause.
“I don’t think there should be any legislation in the state, or the nation, that stops someone from talking to their elected representatives about any issue they have with the government they elect,” he said.
“It is stifling someone’s ability to raise concerns with their own MP, and that’s not good enough, from my perspective.”
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The Health and Disability Services Complaints Office (HaDSCO) is an independent authority that “offers and impartial solution” service for health, disability and mental health complaints in WA.
HaDSCO spokeswoman Karenza Robbins said the office’s responsibilities, related to health complaints, was outlined in the Health and Disability Services (Complaints) Act 1995.
“This legislation outlines our responsibilities as an office and the process we must follow to manage complaints,” she said.
“This includes the confidentiality provisions of section 71 of the Health and Disability Services (Complaints) Act 1995.”
Mr Kirkup said the legislation had prevented people from talking to him, and sharing their medical concerns.
“How am I, as a member of parliament, meant to hold the government to account if I cannot speak about what the circumstance was?” he said.
Mr Kirkup said this legislation also prevented people speaking to journalists, which was “a sad oppression”.
“I think it’s really unfair and more importantly, really concerning that people don’t feel comfortable coming to individuals whose job it is to speak up on behalf of the wider group,” he said.