Lawyers called in over workplace problems at agency in charge of My Health Record

It’s essential we trust the agency that controls the sensitive information in the My Health Record but it’s keeping secret details of an explosive workplace dispute.

Exclusive: The government agency charged with looking after your most sensitive health data is embroiled in an explosive workplace dispute that has already cost taxpayers more than $80,000.

But the agency is refusing to disclose details of the scandal, formally refusing repeated FOI requests.

Nine in 10 Australians were given a My Health Record in February that contains highly personal information that could reveal if they had an abortion, sexually transmitted disease, impotence or mental illness.

Yet despite being able to access our highly personal details, the Australian Digital Health Agency blocked an FOI request on details surrounding the conflict everyday Australian are paying for.

Health Minister Greg Hunt has asked the public put faith in the agency and yet the same agency is obstructing transparency.

FOI response on the Australian Digital Health Agency with the minutes of the meeting showing redacted sections. Picture: Supplied

News Corp did uncover that the Australian Digital Health Agency has in its possession a 2019 report from Weir Consulting which was given to the ADHA Board in August 2019.

Weir Consulting’s website says it: “Provides independent services that will assist your organisation to better manage and prevent disruptive workplace behaviours. Unwanted workplace behaviours are usually a symptom of interpersonal conflict; a lack of competency; out-of-date procedures, or systems that do not support the needs of the business.”

A response to News Corp’s FOI request revealed the consulting firm was engaged by Ashurst lawyers who had been hired by the ADHA “in relation to a particular matter”.

The agency refuses to explain what the “particular matter” is but it confirmed Ashurst engaged Weir Consulting to prepare a report for the purposes of its legal advice to the agency.

News Corp put in an FOI request for a copy of the Weir Consulting report and when that was knocked back, News Corp requested a copy of the minutes of the ADHA’s August 19 board meeting.

The report was to be discussed at this meeting to determine what action was taken to remedy the situation.

News Corp believes you have a right to know what is going on here in case this workplace conflict could put your sensitive health data at risk.

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News Corp was given the board meeting minutes but almost the entire contents were redacted.

The minutes reveal the board held a “closed session” that lasted 45 minutes at the beginning of the meeting but they do not disclose what took place in this session.

The FOI request for the report was denied on the grounds that the report was covered by legal professional privilege.

This secretive process has already cost the taxpayer more than $88,000.

Ashurst lawyers were paid over $71,000 for providing four separate pieces of legal advice to the ADHA and Weir Consulting receive $17,000.

News Corp believes you have a right to know what is going on here in case this workplace conflict could put your sensitive health data at risk.

The chair of the Australian Privacy Foundation’s Health committee Bernard Robertson Dunn said the ADHA was “not doing themselves any favours earning the trust of the people whose information they are expected to look after”.

“They seem to be doing more to protect themselves than protect the patient data they are meant to protect,” he said.

In a statement the Australian Digital Health Agency said the legal bills related to allegations made into workplace conduct.

“ An independent investigation was commissioned and conducted,” the agency said.

“ No conduct requiring disciplinary action was identified.”

“This matter involves the personal privacy of individuals. The Agency takes its privacy obligations very seriously,” the agency said.

Originally published as Lawyers called in over workplace problems at agency in charge of My Health Record