Opinion

The decision by the Minister for Health, the Hon Roger Cook MLA, not to provide Parliament with the number of cases of infants who showed signs of life after an abortion procedure for gestation range 26 to 33 weeks was reasonable and therefore appropriate.

Background

In Parliament on 23 August 2017, the Hon Nick Goiran MLC asked the Parliamentary Secretary representing the Minister for Health for information on induced abortions for some gestation ranges. Legislative Council Question on Notice 308 asked for the following information:

I refer to the cases of infants who show signs of life after an abortion procedure, and I ask for the period 20 May 1998 to 31 December 2016:

(a)  how many of these cases were induced abortions assigned the code for gestation range 20-25 weeks;

(b)  how many of these cases were induced abortions assigned the code for gestation range 26-33 weeks; and

(c)   how many of these cases were induced abortions at 26 weeks’ gestation or later?

On 11 October 2017, the Parliamentary Secretary representing the Minister for Health provided the information requested in (a) and (c) and declined to provide the information requested in (b), replying:

As at 24 August 2017, between 1 July 1999 and 31 December 2016:

(a)  There were 15 induced abortions assigned the code for gestation range 20‑25 weeks.

(b)  The answer to this question has been suppressed for patient confidentiality; provision of this figure would reveal a number less than 5 for 34 weeks’ gestation or later.

(c)   There were 6 induced abortions at 26 weeks’ gestation or later.

On 24 October 2017, the Minister notified the Auditor General of his decision not to provide the information requested in (b) in accordance with section 82 of the FM Act.

Key findings

The decision by the Minister not to provide the requested information was reasonable and therefore appropriate.

The Minister sought advice from the Department of Health (Department) before responding to the information request. The Department advised the Minister to suppress the number of cases of induced abortions assigned the code for gestation range 26 to 33 weeks (part b of the question). The Minister followed the Department’s advice.

We assessed the information using key criteria for confidentiality. Specifically:

Criterion 1 – Is the information sufficiently secret? Is it significant?

This criterion was met. The information was not generally known or ascertainable prior to the Minister declining to provide the information.

Criterion 2 – Is it in the public interest for the information to remain confidential?

This criterion was met. The Minister advised Parliament that the information was suppressed for patient confidentiality reasons. This is in line with the National Health Information Standards and Statistics Committee’s Guidelines for the Disclosure of Secondary Use Health Information for Statistical Reporting, Research and Analysis 2015.

We accept that patient information that could lead to an individual being directly or indirectly identified should not be released to the public. This protects patient confidentiality.