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Questions and Answers 2361 PROOF LEGISLATIVE COUNCIL QUESTIONS AND ANSWERS No. 63 THURSDAY 28 AUGUST 2008 AM (The Questions and Answers Paper published for the first sitting day in each week will contain, by number and title, all unanswered questions, together with questions to which answers have been received on the previous sitting and any new questions. On subsequent days, new questions are printed, as are questions to which answers were received the previous day. Consequently the full text of any question will be printed only twice: when notice is given; and, when answered.) Notice given on date shown 2362 Legislative Council Questions and Answers No. 63— Thursday 28 August 2008 Publication of Questions Answer to be lodged by Q & A No. 54 (Including Question Nos 1816 to 1848) 08 July 2008 Q & A No. 55 (Including Question Nos 1849 to 1857) 09 July 2008 Q & A No. 56 (Including Question Nos 1858 to 1885) 10 July 2008 Q & A No. 57 (Including Question Nos 1886 to 1951) 22 July 2008 Q & A No. 58 (Including Question Nos 1952 to 1967) 23 July 2008 Q & A No. 59 (Including Question Nos 1968 to 1971) 24 July 2008 Q & A No. 60 (Including Question Nos 1972 to 1978) 29 July 2008 Q & A No. 61 (Including Question Nos 1979 to 1994) 30 July 2008 Q & A No. 62 (Including Question Nos 1995 to 2071) 31 July 2008 Q & A No. 63 (Including Question Nos 2072 to 2084) 02 October 2008 2363 Legislative Council Questions and Answers No. 63— Thursday 28 August 2008 3 JUNE 2008 (Paper No. 54) *1816 COMMUNITY SERVICES—REPORT ON THE LEGISLATIVE REVIEW OF ADOPTION ACT 2000—Ms Rhiannon asked the Minister for Roads, and Minister for Commerce representing the Minister for Community Services— (1) Was the report on the legislative review of the Adoption Act 2000 meant to be tabled in March 2006 under s 213 of the Act? (2) When will the report be tabled? Answer— (1) No. (2) The report was tabled on 26 October 2006, within 12 months of the five year period from 9 November 2000, the date of assent of the Act. *1817 HEALTH—ASBESTOS FILL—BARYULGIL ROAD CONSTRUCTION—Ms Rhiannon asked the Attorney General, and Minister for Justice representing the Minister for Health— (1) Did the Department of Environment and Climate Change seek advice from the Department of Health regarding the possible use of asbestos fill in the Baryulgil road construction? (a) If so, what advice was provided? (2) Did NSW Health advise that an investigation of potential public health impacts should be undertaken? (a) If so, has this investigation begun? (b) If not, why not? Answer— I have been advised by the Minister for Health:- (1) Yes (1) (a) See (2) (b) below (2) No (2) (a) Not Applicable (2) (b) The Chief Executive of the North Coast Area Health Service advises that, outside of the original miners and their families who have been the subject of ongoing monitoring and investigation by the NSW Government via the Dust Diseases Board, the Area's Public Health Unit has no evidence of asbestos-related illness in the broader community. *1818 HEALTH—ROZELLE HOSPITAL CONFIDENTIAL DOCUMENTS—Ms Rhiannon asked the Attorney General, and Minister for Justice representing the Minister for Health— (1) Has any action been taken in relation to the disposal of confidential documents and records in garbage bins outside Rozelle Hospital in May 2008, which occurred during the transfer of mental health services from Rozelle Hospital to the Concord Hospital Centre for Mental Health? (a) If not, why not? Answer— I have been advised by the Minister for Health:- (1) Sydney South West Area Health Service took immediate action to ensure that the bins were secured in a safe location until they were collected for appropriate disposal of their contents. *1819 ATTORNEY GENERAL—PRIVACY MANAGEMENT PLANS—Ms Rhiannon asked the Attorney General, and Minister for Justice— (1) How many New South Wales public sector agencies are required to have a privacy management plan 2364 Legislative Council Questions and Answers No. 63— Thursday 28 August 2008 under s33 of the Privacy and Personal Information Protection Act 1998? (a) How many of those agencies have such a plan? (b) How many of those agencies do not have a plan? (i) Of these, why don't they have a plan? (ii) What action will be taken to ensure that such agencies do? Answer— I am advised: Agencies coming within the definition of 'public sector agency' in section 3(1) of the Privacy and Personal Information Protection Act 1998 are required to have a privacy management plan. I refer the member to the annual reports of those public sector agencies. To assist public sector agencies Privacy NSW has published a guide on preparing privacy management plans, and has also developed a training CD. *1820 HEALTH—NSW HEALTHCONNECT—Ms Rhiannon asked the Attorney General, and Minister for Justice representing the Minister for Health— (1) When will the NSW HealthConnect trial be evaluated? (2) Who will be responsible for conducting the evaluation? (3) Will the results of the evaluation be made public? (a) If so, when? (b) If not, why not? (4) Have there been any complaints from staff or patients during the trial in the Greater Western Sydney and Hunter Valley Regions? (a) If so, what has been the nature of these complaints? (5) Has the trial kept figures on how many patients have chosen to opt out of the trial and reasons why? (a) If so, (i) how many patients have pulled out? (ii) what were the reasons? Answer— I am advised: (1)The NSW HealthConnect trial is being developed in close collaboration with the NSW Electronic Health Record Strategy, NSW Healthelink. The Healthelink pilot is currently being evaluated and it is anticipated to be completed in August 2008. (2)KPMG - an external and independent contractor is conducting the evaluation. (3)Yes. An executive summary of the report will be made public following the completion of the evaluation. (4) Since the commencement of the pilot in March 2006 seven formal complaints have been received which included issues around privacy, not being informed about the pilot and the procedure for gaining online access to Healthelink. (5) (a) (i) and (ii)Yes. As at 4 June 2008, there were 36,857 patients enrolled in Healthelink. Of these, approximately 4.32% patients chose to withdraw. While the majority of these patients did not give a reason, others stated "privacy and security concerns", "no benefits identified for me" or 'other' as reasons to withdraw from the pilot. *1821 EDUCATION AND TRAINING—BIOMETRIC TECHNOLOGY—Ms Rhiannon asked the Minister for Education and Training, Minister for Industrial Relations, Minister for the Central Coast, and Minister Assisting the Minister for Finance— (1) How many government and non-government schools respectively currently use or are trialling or propose to trial biometric technology to monitor students? (a) Is this technology appropriate? 2365 Legislative Council Questions and Answers No. 63— Thursday 28 August 2008 (2) Will guidelines be developed to protect the privacy of students subjected to biometric technology in schools and manage associated issues including consent, storage and use of personal information collected? (a) If so, when? (b) If not, why not? Answer— The NSW Department of Education and Training does not hold information related to the implementation of biometric technology to monitor students in non-government schools. A small number of government schools have introduced biometric technologies to assist them in monitoring student attendance with the support of parents. However, this is not a mandated government nor NSW Department of Education and Training initiative. The School Attendance Policy (2005) and associated Student Attendance in Government Schools Procedures (2006) are currently being revised. The revision will seek to identify associated management issues in the use of biometric and similar technologies in schools. *1822 ATTORNEY GENERAL—TABLING AND GOVERNMENT RESPONSES—Ms Rhiannon asked the Attorney General, and Minister for Justice— (1) When will the report on the legislative review of the Privacy and Personal Information Protection Act 1998, which was due on 30 November 2004 be tabled? (2) When will the report into the legislative review of the Administrative Decisions Tribunal Act 1997, which was due in 2007 be tabled? (3) When will the government responses to the Report on the Jurisdiction and Operation of the Administrative Decisions Tribunal by the Committee on the Office of the Ombudsman and the Police Integrity Commission (2002) be tabled? (4) Will you release a government response to the NSW Law Reform Commission's Report 108 (2005) —Surveillance: final report? (a) If so, when? Answer— I am advised that: (1) The question has been asked and answered on a number of previous occasions. I refer the Member to the 2007 Budget Estimates Committee transcript. (2) The Report has been tabled. (3) I refer the Member to the ADT statutory review report. (4) A response was released in June 2007 and I refer the Member to the Lawlink website. *1823 TREASURER—METRO RAIL LINE—Ms Ficarra asked the Treasurer, Minister for Infrastructure, and Minister for the Hunter— (1) What contingency provision will you require for the new $12.5 billion metro rail line, given that infrastructure projects such as the Cronulla line duplication is 118% over budget, the Parramatta Bus⁄Rail interchange was 139% over budget and the Epping to Chatswood Rail Link is 270% over budget and half the original distance? (2) Is it true that only $4 billion remains for transport infrastructure till the year 2021, as published in The Australian 28 March 2008? (a) If this figure is correct, will you permit the spending of the State's capital reserves to cover your Government's road and rail promises? Answer— I'm advised: Current cost estimates for the NW metro include a contingency provision, which is in line with rates commonly used globally for projects in this stage of planning.
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