A team within the Dhulwa secure mental health unit was behind a leak of patient records to the nurses' union, Mental Health Minister Emma Davidson has revealed while fending off a no-confidence motion in the Legislative Assembly.
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A nurse who came forward to report potentially breaching patient privacy in a separate incident had also sent material to the nurses' union, Health Minister Rachel Stephen-Smith revealed.
Ms Davidson unexpectedly revealed the single team involved in the alleged release of 13 patient records worked within the Dhulwa facility, which has been the subject of an inquiry into staff safety.
"The people whose privacy was breached are those who are most at risk," Ms Davidson said.
The Canberra Liberals' motion of no confidence in Ms Davidson was defeated in the Legislative Assembly on Tuesday morning by Labor and the Greens.
Meanwhile, Health Minister Rachel Stephen-Smith was called on by the opposition to apologise for misleading the Assembly over her claim on Thursday there had been "no evidence" data leaks had happened in other parts of the public health system.
Ms Stephen-Smith on Tuesday said the separate "one-off" incident was unlike the "deliberate provision of patient records over a period of time", and her answer to a question about leaks of that kind remained true despite a nurse coming forward to admit to a potential data breach.
Opposition health spokeswoman Leanne Castley had asked on March 23: "If private, personal information has been provided to a union in one area of the health system over a number of years, what evidence can you provide to show that this has not occurred in other areas across the health system?"
Ms Stephen-Smith said: "There is absolutely no evidence that this has occurred in any other area of the health system. I would encourage the opposition to not engage in these scare tactics which will only create concern for people who are accessing our health services."
The Health Minister on Tuesday revealed the nurse, who came forward and had been stood down pending an investigation, had sent information to the nurses' union. The incident had been first reported on Friday.
The nurse came forward after question time on Thursday last week, and Ms Stephen-Smith was briefed about the issue about 5.30pm that evening. The Canberra Times reported the issue on Friday morning.
The opposition's motion calling for Ms Stephen-Smith's apology defeated on Tuesday evening.
Ms Davidson had last week revealed in the Assembly the Australian Nursing and Midwifery Federation had received patient information over an extended period of time, after previously declining to identify the "industrial partner".
The union has said the release of the information was covered by legal exemptions from privacy requirements, which is disputed by the government and health authorities.
Ms Davidson said the staff members - one of whom was sacked, while two others were stood down - were not in a position to leak further patient information.
The handling of the data breach had prompted the Canberra Liberals to move a motion of no confidence on Tuesday.
"I cannot provide more detail on what has happened at this moment ... but I want these people to have justice, I want them to have dignity, I want them to have respect. My best advice to the Canberra Liberals is that patience is the companion of wisdom," Ms Davidson said on Tuesday.
Deputy Opposition Leader Jeremy Hanson told the Assembly the Labor party might choose to support the Greens' minister "through gritted teeth".
"It's very clear to us she's a minister because the Greens have demanded three ministries, not because of merit," Mr Hanson said.
Labor needed to accept there were more "capable and qualified Labor members who could do this job better", he said.
"Why deny it today when you don't deny it behind closed doors talking to Liberals?" Mr Hanson said.
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Health Minister Rachel Stephen-Smith said Ms Davidson had sought to take action to improve the mental health system and the Liberals had unfairly described her actions.
"[The opposition] have absolutely no concept, no idea of the complexity of being a minister. None of them have had any experience of being a minister; I wouldn't be surprised if none of them ever have any experience of being a minister, given the way they are going," Ms Stephen-Smith said.
The opposition spokesman on mental health, Ed Cocks, said stakeholders had expressed to him a loss of confidence in Ms Davidson.
Chief Minister Andrew Barr and Greens leader Shane Rattenbury both spoke in support of Ms Davidson, and criticised the opposition's use of a no-confidence motion.
"They are here to try and get it a political scalp ... They do no credit to our democracy and the intelligence of Canberrans when using them in this fashion," Mr Rattenbury said.
Mr Barr said Ms Davidson had been "brave" to take on a ministry at the same time as becoming a member of the Assembly after the 2020 election.
"Minister Davidson has not shirked from her role, she has not sought to downplay the issues that are there ... No one on this side of the chamber has ever doubted Ms Davidson's effort or her desire to do the right thing by the community," Mr Barr said.
Meanwhile, Ms Davidson cancelled a planned press conference on Tuesday, with a spokesman citing the no-confidence motion as the reason.
Mr Hanson had previously said in a statement: "Under this Minister we have seen the Dhulwa Mental Health Unit become unsafe for nurses and patients, requiring WorkSafe ACT to step in; no clarity on the death of a patient in a mental health facility; a report highlighting dysfunction and a toxic environment within her own office and now a serious breach of patient records."
Ms Davidson last week told the Assembly she was notified on February 8 about the mental health data breach, which is now the subject of police and integrity commission investigations, and revealed records had been sent to the Australian Nursing and Midwifery Foundation, which has defended their members' actions.
A review of Ms Davidson's office, released publicly in January, had found inexperience, a lack of quality leadership and workplace conflict had contributed to a high rate of staff turnover.
Ms Davidson was also forced to apologise after she had said she was unaware of the nature of a formal complaint made about her behaviour by a Greens staff member, when she had in fact offered an apology.
The Canberra Liberals have moved motions of no confidence this term in Corrections Minister Mick Gentleman, Deputy Chief Minister Yvette Berry, Skills Minister Chris Steel and Chief Minister Andrew Barr, but all the motions were defeated by the government.
A minister has not been removed by a no-confidence motion for almost 29 years.
A motion of no confidence in then-deputy chief minister Wayne Berry passed with support of a three-member crossbench in April 1994, forcing Mr Berry to resign after being accused of misleading the Assembly.
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Jasper Lindell
Jasper Lindell joined The Canberra Times in 2018. He is a Legislative Assembly reporter, covering ACT politics and government. He also writes about development, transport, heritage, local history, literature and the arts, as well as contributing to the Times' Panorama magazine. He was previously a Sunday Canberra Times reporter.
Jasper Lindell joined The Canberra Times in 2018. He is a Legislative Assembly reporter, covering ACT politics and government. He also writes about development, transport, heritage, local history, literature and the arts, as well as contributing to the Times' Panorama magazine. He was previously a Sunday Canberra Times reporter.
