Thirteen clinicians caught spying on medical records of Phil Walsh’s son Cy Walsh

OPPOSITION Leader Steven Marshall has called for an inquiry into patient health records management after 13 medicos spied on accused killer Cy Walsh’s medical information - and said sackings should not be ruled out.

• Cy Walsh pleads not guilty to murder — prosecution details revealed
• Why the Walsh murder trial could be fraught with challenges

OPPOSITION Leader Steven Marshall has called for an independent judicial inquiry into the management of patient health records after the hacking of Cy Walsh’s medical information.

Mr Marshall today said he feared the practice was wider spread and an inquiry was needed to counter fears patients’ privacy was at risk.

He said “heads should roll” if a widespread problem were uncovered and the sacking of individuals gaining unauthorised access to files considered.

He said the Liberals would present terms of reference to Parliament “in coming days”.

Mr Marshall seized on comments from SA Health chief executive David Swan that unauthorised access was “rare”, saying the state needed to know how commonly it occurred.

“We have over 1.7 million patients on the system here in SA, there’s millions and millions of records that are transacted on a yearly basis,” he said. “How often is this occurring?

Mr Marshall accused Health Minister Jack Snelling of secrecy over the matter, saying he should have immediately informed Parliament of the breach when it first came to his attention.

Several clinicians have been disciplined for unauthorised accessing the medical records of Cy Walsh.

“It was a serious breach of confidentiality and trust. Now we need to have an inquiry,” he said.

“We haven’t had assurances or a proper statement from our minister in the Parliament.

“Before we pass judgment, let’s find out the circumstances.

“Absolutely, sacking needs to be considered. When people are employed in these roles, it’s a position of very high trust.”

The spying revelation is expected to dominate Question Time today.

Thirteen clinicians have already been disciplined for gaining unauthorised access into the medical records of Walsh, charged with murder of his father and former Crows coach Phil Walsh last year.

The medical records, including toxicology results from Walsh’s hair are crucial to the trial.

Health Minister Jack Snelling and SA Health chief executive David Swan have both condemned the snooping — which could have consequences for the trial — and said the clinicians have been counselled for accessing the electronic records.

Walsh was taken to Flinders Medical Centre for tests following the death.

The counselling followed an internal investigation after an audit uncovered the unauthorised browsing of the patient record in the high-profile case by the 13 clinicians from across the health system.

Mr Snelling said any staff making unauthorised access of any patient’s records would face “serious consequences”.

He said he viewed the action very seriously as a breach of trust, noting the public have a right to feel their medical records are secure.

However, at this stage there is no indication of an overhaul of the electronic patient record system in question.

While the staff have been disciplined, Mr Swan warned they would face more serious consequences if they passed on the information to anyone else.

Revelation of the breach came on the same day as the Opposition grilled the Government in Parliament over tampering of patient records at Lyell McEwin Hospital last year.

Opposition health spokesman Stephen Wade said lack of action on that incident following an SA Health internal inquiry showed the government put little priority on the issue.

“The apparent lack of urgency by the government in that case underscores it is giving insufficient regard to respecting patient records,” he said.

“The lack of priority in dealing with previous cases of accessing patient records can only feed a culture that breaches privacy as apparently has occurred at FMC.”

Walsh, 27, has pleaded not guilty to murder and may face a jury trial because prosecutors have yet to concede he was mentally ill at the time.

A hearing earlier this month where Walsh faced the Supreme Court by video link from the secure James Nash House facility heard prosecutors sought toxicology results from Walsh’s hair and that the case will touch on issues of mental incompetence and drug-induced psychosis.

Prosecutors said they intended to investigate his claim of mental incompetence rather than simply accept it.

A mental health expert who has seen Walsh has prepared a report on behalf of defence counsel, while a second is being prepared.

Prosecutor Lucy Boord asked the court to order a third expert opinion.

“We’ve requested suppression of the contents of any witness statements and reports that have been tendered, both psychological and psychiatric,” she said at the time.

Under state law, a person found not guilty by reason of mental incompetence is liable to a limiting term, which is a period in health detention equal to a jail sentence.

Walsh has been remanded in custody until April.