This blog takes an interest in issues associated with Freedom of Information (FOI) and privacy legislation in Australia. Information contained on this site is general in nature and does not constitute legal
advice.
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Attorney General Mark Speakman has announced the proposed appointment of Samantha Gavel as NSW Privacy Commissioner. The Joint Parliamentary Committee on the Ombudsman, the Law Enforcement Conduct Commission and the Crime Commission gets to confirm the appointment... or otherwise.
And the good news, many years late, is that the government will make the position full time.
The Commissioner has been part-time since the first appointment in 1999 and for long periods there was an Acting Commissioner, including 2003-07 and 2009-2011. “Ms Gavel is a leader in privacy protection who is currently the National Health Practitioner Ombudsman and Privacy Commissioner, and was previously the Private Health Insurance Ombudsman for six years,” Mr Speakman said in a Media release
Paris Cowan in IT News in February recounted how privacy regulation everywhere around the country is under resourced.
Budgeted expenditure for the Information and Privacy Commission in 2017-18 is $5.6 million, a 1.3% reduction.
Looks like expenditure on a full time commissioner will involve a snip elsewhere.
Thanks for managing a tough assignment to departing Privacy Commissioner Dr Elizabeth Coombs.
The recent jailing
of British breast surgeon Ian Paterson after performing multiple
unnecessary operations has highlighted the issue of hospital safety.
Paterson’s unnecessary surgeries included some performed in private hospitals, which prompted UK doctors
to call for private hospitals to report similar patient safety data as
public hospitals, including unexpected deaths and serious injuries.
This
example shows how little we know about patient safety and quality in
our private hospitals, not only in the UK, but also in Australia.
What do we know about hospital safety and quality?
The
Australian Institute of Health and Welfare is provided with data about
every patient treated in an Australian hospital, both public and
private. Using that data, you can look up measures of safety and
quality, as well as emergency department performances. You can compare
public hospitals on all the performance measures, but private hospitals
are excluded from the performance reports. Further reading: Which are better, public or private hospitals?
Another good source is the New South Wales Bureau of Health Information, which allows you to compare information about the safety and quality of public hospitals in NSW. Private hospitals are not included.
Private hospitals are not all the same
Private health insurance allows you to choose
your treating doctor and the hospital at which you’re treated. But how
do you choose the right hospital, or the safest one? As our research
shows, not all private hospitals in Australia are equal.
In 2009,
the Australian Health Insurance Association (now called Private
Healthcare Australia) asked me and my colleagues to look at the outcomes
of care in private hospitals. We looked at death rates and the numbers
of people who died during their stay in hospital, and a range of other
safety and quality outcomes.
We were given access to three years
of detailed data from a national sample of patients treated in 58
private hospitals. We did not know the names of the hospitals, nor
patients’ names.
Many kinds of hospital outcomes, such as the likelihood of
dying in hospital, or contracting a serious infection, are influenced by
factors such as a patient’s age, and the range of conditions that
brought them to hospital. We tried to take those factors into account
and published our findings on the Private Healthcare Australia website.
We
found a group of hospitals that, each year, seemed to have much lower
death rates than average for all the private hospitals. Those, or other
hospitals, also had lower than average rates of a variety of non-fatal
incidents. There was also a group of hospitals that each year had higher
than average death and adverse event rates. The greater than average
death rate group included hospitals where death rates were consistently
up to 90% higher than average.
If you are choosing a hospital,
you’d want to know which hospital was which. But that information is not
publicly available. You’d also want to know if there were more recent
statistics, but there is no reported follow-up study. Without better
public access to such facts and figures, we’re still in the dark.
And in England, it is easy to look up the Care Quality Commission’s detailed reports
about public and private hospitals. The reports provide an easy to
read, “blow-by-blow” account of their inspections of all types of
hospitals, and make a variety of judgements on what they find. They are
backed up by detailed statistical reports, but only for public
hospitals.
Why don’t we do this in Australia?
A representative from the Office of the Australian Information Commissioner
tells me that, provided individuals are not identified, there would be
no breach of privacy if private hospital safety and quality data was
made public. And no-one from a state health department has yet been able
to say whether such a publication would be against any law.
Private Healthcare Australia, the peak body for health insurers, says it represents:
over 12.9 million Australians who choose better quality health care services and to put their health care needs first.
Private
hospitals and private health insurers are in competition with each
other for the 12 million or more Australians covered by some form of
health insurance. So, it is in their commercial interests to avoid bad
publicity.
Surely
it is the role of both state and commonwealth governments to balance
these commercial interests against the public’s right to know which
hospital is providing safe, high-quality care.