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	                                     	CANCER (REGISTRATION) BILL 2009
SERIAL NO. 46 
LEGISLATIVE ASSEMBLY OF THE
NORTHERN TERRITORY

MINISTER FOR HEALTH

EXPLANATORY STATEMENT

GENERAL OUTLINE

The Cancer (Registration) Act 1988 allowed the establishment of the Northern Territory Cancer Registry (NTCR), and the maintenance by the Cancer Registrar. However, since this legislation was enacted national legislation and policy changes have meant that the NTCR has experienced increasing difficulties in carrying out its legitimate functions.  The purpose of this revised Bill is to address these issues, with the overall aim of promoting and maintaining the high quality and completeness of Northern Territory cancer data.

The revised Bill addresses privacy issues that have limited NTCR access to relevant health information from private hospitals and practitioners by legislating for the collection (and request) of this information from relevant health care providers. 

The uses of registry data are limited under the current Act, and have prevented the Northern Territory from providing data for legitimate purposes such as the Australian Government’s Radiation Oncology Inquiry in 2002, and the limited the use of registry data for quality assurance purposes.  The revised Bill allows registry data to be used for what is considered appropriate at the discretion of the Chief Health Officer.

Other changes include expanding the definition of cancer to allow the NTCR collection to be responsive to national and international progress in the area.  Explicit protection for those working in good faith under the Act has been provided to addressing concerns raised by those working in the area. 

NOTES ON CLAUSES

Part 1	Preliminary matters

Clause 1.	Short Title

This is a formal clause which provides for the citation of the Bill.  The Bill when passed may be cited as the Cancer (Registration) Act 2009.

Clause 2.	Commencement

This Act will commence on the date fixed by the Administrator by notice in the Gazette.

Clause 3.	Definitions

Amends the definition of ‘cancer’ by removing the word ‘malignant’ and adding that cell multiplication is uncontrolled and progressive (section 3(a)).  This is similar to s229(a) of the Queensland Public Health Act 2005.

A new section (3(b)) allows the inclusion (or removal) of notifiable cancers on the list under clause 4.

These changes will allow the list of ‘cancers’ included in the registry to respond to changes in medical knowledge and classifications at a national and international level, without requiring legislative amendment.

Clause 4.	Declaration of disease by Minister

A new clause allowing the addition of a condition to the notifiable cancer list via Gazette notice, and removing the requirement for legislative amendment. This is similar to sections 6 and 8(1) of the Notifiable Diseases Act (NT).

Clause 5.	Application of Criminal Code

Defines the part of the Criminal Code that applies.

Part 2	Registrar

Clause 6.	Registrar

As in section 4(1) of the 1988 Act.

Clause 7.	Register

As in section 4(2) of the 1988 Act.  

Part 3	Giving Information to the Registrar

Clause 8.	Duty of person in charge of place where specimen accepted for examination

Replaces section 5(1) of the 1988 Act. The purpose is unchanged.

Clause 9.	Duty of person in charge of hospital

This is a new clause which requires the person in charge of a Northern Territory public or private hospital to notify the Northern Territory Cancer Registry of a cancer diagnosis or cancer related death.  This will contribute to maintaining the high quality and completeness of data.

Clause 10.	Direction to give further information

This is a new clause which requires a medical practitioner to respond to a written request for further information on a cancer diagnosis from the Registrar within seven days.  This will contribute to maintaining the high quality and completeness of data.

This clause is consistent with similar legislation in all Australian states except South Australia.

Clause 11.	Details about registered death

Replace section 5(2) of the 1988 Act.  The purpose is unchanged.

Clause 12.	Misleading information

Replaces section 5(3) of the 1988 Act.  The purpose is unchanged.
Part 4	Use of information

Clause 13.	Confidentiality of information

Replaces sections 6(1), 6(2) and 6(4) in the 1988 Act.  This amended clause provides penalty for inappropriate disclosure of confidential information, and provides legal protection for a person who discloses information for approved purposes. 

Clause 14.	Disclosure for administration of Act

A new clause which allows sharing of information between persons when performing functions defined in the Act. 

Clause 15.	Disclosure of statistical information

Replaces section 6(2) of the 1988 Act. The purpose is unchanged. 

Clause 16.	Disclosure to ensure accuracy of register

A new clause which allows sharing of information to ensure accuracy of the register and disclosure to a Cancer Registry in another state or territory and to the National Cancer Statistics Clearing House.  

Clause 17.	Disclosure to person authorised to receive information

This new clause allows for the use of data held by the registry previously prohibited.  The use must be authorised by the Chief Health Officer and be for one of the purposes outlined. 

This clause is in line with similar legislation in the ACT, Tasmania, Queensland, New South Wales and Victoria.

Part 5	Protection from liability

Clause 18.	Protection of people giving information

This new clause provides indemnity for those giving information to the Registrar in good faith under this Act.

Clause 19.	Protection of Chief Health Officer and Registrar

This new clause provides indemnity for the Chief Health Officer and Registrar when performing in good faith under this Act.

Part 6	Administrative matters

Clause 20.	Prosecution for offence

This new clause requires approval from the Chief Health Officer before charges can be brought under this Act.  This is to ensure the decision to prosecute offences is managed sensibly.

Clause 21.	Regulations

Replaces clause 7 of the 1988 Act.  The purpose is unchanged.

Part 7	Repeal and transitional matters for Cancer (Registration) Act 2009

Clause 22.	Repeal of Act

This repeals the previous Act.

Clause 23.	Definitions

This clause allows for the transition from the previous Act to this one.

Clause 24.	Registrar

This clause allows for the transition from the previous Act to this one.

Clause 25.	Register

This clause allows for the transition from the previous Act to this one.