Carter John: Health Practitioners Competence Assurance Bill — In Committee 
Carter John: Health Practitioners Competence Assurance Bill — In Committee 
[Volume:611;Page:8076] 
JOHN CARTER (NZ National—Northland) 
: 
 I want to make one or two comments and ask the Minister some questions about what may happen— 
David Benson-Pope 
: Oh! 
JOHN CARTER 
: The senior Government whip may want to listen because he may pick up one or two things from some of the questions that I will ask. 
First of all I must say that after listening to this debate so far I am extremely disappointed that the Minister has not taken the opportunity at the start of each part of the debate to make some comments. It is unfortunate that she has not taken a call because members of the public have a right to know what is in the Minister’s mind. Unfortunately she sits there silently without responding and she is reading something. It is probably a Noddy book a book from Mills and Boon or something of that nature—who would know? The Minister is not prepared to stand up and defend her own legislation. Firstly that leaves the public wondering whether she as a Minister has her hands on the steering wheel and secondly it raises questions as to whether the Minister actually understands what is in the legislation. She needs to be able to assure the public that she does have an understanding of it. 
I sat through an inquiry along with Steve Chadwick and other members of the Health Committee into issues around Colleen Poutsma in particular and others who were affected by the circumstances that occurred in that case. One of the things that we found was that the Medical Council as it is—I now understand that it is to be known as the health practitioners discipline tribunal— 
Hon Lianne Dalziel 
: No. 
JOHN CARTER 
: The Minister could take a call— 
Hon Annette King 
: The member should try reading the bill. 
JOHN CARTER 
: I thank the Minister. At least we have heard an utterance from her at last. I am interested to know whether that inquiry and the findings of the select committee—which was a combined effort of people who were working to try to solve problems—have solved the problem that one of the constituents whom I represent has. I want to know whether her concerns and issues have been addressed. 
The constituent I refer to went to the medical tribunal to ask for support. It said that there was no problem or issue and found that her case had no substance. She subsequently went to the Accident Compensation Corporation and made a claim. After inquiries and investigation the corporation found that indeed there had been medical misadventure. The medical tribunal initially said that there had been none. One of the reasons for the tribunal’s finding was that the Accident Compensation Corporation itself had initially said that there was no medical misadventure. We went back to the Accident Compensation Corporation and it has since found that medical misadventure did occur. 
Hon Lianne Dalziel 
: But what for? 
JOHN CARTER 
: The Minister should just listen and I will explain that. The sad thing is that the Minister of Health is not listening. One Minister is listening but she is not the Minister whom I would like to listen. 
We then went back to the medical tribunal given that the Accident Compensation Corporation had found there was medical misadventure to ask it whether it would go back and reopen the case but it cannot. 
Hon Lianne Dalziel 
: But what for—medical misadventure? 
JOHN CARTER 
: I do not profess to be an expert. I am raising the issue and I hope the Minister may take a call to explain whether this legislation will help my constituent. If the Minister needs more details then I can get more details on the case. I understand that the law as it stands—or as it stood; I do not know whether this bill will fix it—means that the tribunal cannot go back and review its finding with regard to my constituent. I would like to know whether this legislation will change that. Where the circumstances of a case change where things alter and the Accident Compensation Corporation subsequently finds there was medical misadventure I want to know whether there is an opportunity for a constituent to take a case back to the tribunal to be reviewed. That is one of the things that we found from the inquiry was needed. One of the recommendations we made was that the medical tribunal the Medical Council or whatever it may be called should be able to go back and revisit those cases. 
I see in the bill reference to the Health Practitioners Disciplinary Tribunal but obviously that is not the right clause. Can the Minister tell us whether those circumstances will change so that my constituent will have an opportunity to have her case reheard? Sadly the Minister sits there looking everywhere else but at me. She has not even taken a call. 
Hon Annette King 
: I was in Australia and the member knows it. 
JOHN CARTER 
: That may be so. Whether or not the Minister was here then she is certainly here now and it would be useful if she took the opportunity to seek the call and make the case.