Crime watchdog wins landmark battle

The national crime watchdog can access the private health records of eight teenage
girls after special powers granted to it as part of the federal intervention were
tested for the first time in court.
But outraged health groups claim the Federal Court ruling will result in a breakdown
of trust between vulnerable children and the doctors trying to help them.
In May last year, a remote Northern Territory Aboriginal health group was ordered to
hand over the detailed personal and medical records of eight girls, aged between 13
and 15.
They had been fitted with Implanon contraceptive implants by the clinic.
The information was sought as part of Australian Crime Commission (ACC)
investigations into the under-reporting of child abuse, prompted by the federal
intervention into remote NT communities.
The watchdog had been granted coercive powers to summon documents and compel
witnesses to disclose evidence only two months earlier.
But the clinic refused to relinquish the material, saying it would break the trust
between doctors and patients.
Federal Court Justice John Reeves upheld this position when he ruled last October
the ACC had failed to put the best interests of the children first.
The crime watchdog appealed his decision and the full bench of the Federal Court on
Friday quashed the ruling in the first legal test of the ACC's coercive intervention
powers.
"This appeal demonstrates the often difficult decisions confronting administrative
decision-makers," said Chief Justice Michael Black, Justice John Mansfield and
Justice Annabelle Bennett.
"It thus highlights the heavy responsibility upon such decision-makers to exercise
the relevant power carefully and responsibly."
However, the Federal Court did find the ACC must take into account the concerns of
the health provider and the effect on the children, the three judges said.
Paul Bauert, president of the NT Branch of the Australian Medical Association, said
the ruling would result in a "breakdown of trust and confidentiality".
"The harm done by this decision will far outweigh any benefits from the decision,"
he told ABC radio in Darwin.
"The public health implications are that young people will not seek advice about
sexual health, will not seek advice about early pregnancy, will not seek advice
about contraception and will be reluctant to attend to antenatal clinics...
"Confidentiality between patients is sacrosanct."
ACC chief executive John Lawler said the coercive powers - introduced after a
culture of secrecy in remote communities had hamstrung investigations - were
exercised under a strict legislative framework.
He could not reveal whether investigators would use the Federal Court ruling to
access the teenagers' files.
"The ACC does not comment on operational matters," he said in a statement issued to
AAP.
"It is an offence ... to disclose details on the use of coercive powers. This is
designed to provide protection and privacy to individuals and organisations
involved."
Mr Lawler said "paramount consideration" was given to the best interests of all
indigenous children.