Mental Health Minister Emma Davidson has named the ACT’s Australian Nursing Midwifery Federation (ANMF) branch as the recipient of private patient documents sent by Canberra Health Services (CHS) staff, in a breach of privacy laws.

CHS revealed earlier this week that staff had ‘deliberately’ sent the clinical records of 13 mental health patients to an “industrial partner”, but refused to name it until today.

The records of 13 patients were sent to the branch over a period of years, in what CHS chief executive Dave Peffer called a “serious breach”.

Yesterday, he confirmed that one Canberra Health Services staff member had been sacked over the incident and two others stood down, pending an investigation.

Breach first detected by CHS in early February

This morning, Ms Davidson told the ACT Legislative Assembly the ACT branch of the nursing union was the recipient of the files.

She said she had waited until the patients were informed of the breach before revealing the recipient’s identity.

“When a breach of patient privacy occurs, it is important that the patients involved are foremost in our minds in how we respond,” she said.

Ms Davidson said she first became aware of the potential breach in early February, when it was discovered by CHS.

“An audit was undertaken to determine the breadth of the breach which uncovered significant and sustained breaches of the Health Records Privacy and Access Act 1997,” she said.

“On the 28th of February, I emailed the CEO of CHS and the ANMF ACT branch secretary to express my concerns about the impact on patients and on staff who are trying to create a safe workplace of high-quality care.”

Ms Davidson said she asked both Mr Peffer and the head of the ANMF to meet with her.

“Within hours I received a reply from the CEO of CHS suggesting times that would suit for a meeting. On 1 March I received a letter from a lawyer engaged by ANMF requesting that all future correspondence be directed to them instead of to ANMF and declining my request for a meeting,” she said.

“As the matter is being considered by external regulatory bodies, I cannot provide any further information and have been reassured that CHS will provide me with updates or other information as it comes to hand.”

Staff reminded of privacy laws

Ms Davidson said support was being provided to the patients affected, and CHS was working with staff to ensure all were aware of the laws around patient privacy.

Staff were sent an email of March 6 reminding them of the rules and directing them to training materials.

“As part of industry registration, nurses, doctors and allied health professionals undertake … training on the handling of personal health information, which includes when they can be accessed, who can access them, how they can be disseminated, how to securely store them and/or destroy them and the privacy principles that underpin these decisions.”

Yesterday, while announcing that three staff members had faced consequences over the breach, Mr Peffer also apologised to the mental health patients affected.

“When something like this happens, we move as quickly as we can,” Mr Peffer said.

“Within our organisation, we take this incredibly seriously.

The ABC has contacted the union for comment.