Veterans launch class action over 'mass and routine' sharing of medical records

Gordon Legal serves DVA with privacy breach claim over 20-year MATES program

By LineZotpaper
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A class action has been launched against the federal government over allegations of "mass and routine sharing" of veterans' medical records across two decades, with the firm Gordon Legal serving the Department of Veterans' Affairs (DVA) a privacy breach claim on Wednesday.

The claim follows a two-year investigation into MATES (Medicines Advice and Therapeutics Education Services), a health program administered by the now-defunct University of South Australia under contract from 2004 until the Veterans' Affairs Minister shut it down in 2024 after an ethics review.

Gordon Legal partner Seb O'Meara, who worked on the Robodebt class action settlement, said anyone who used a DVA healthcare card while MATES operated, around 300,000 people including bereaved spouses, could register for the lawsuit. At least 6,000 people have expressed interest in joining.

Lawyers allege most veterans were "not aware of the MATES program" and "did not provide consent for the disclosure of their personal information." The firm will seek damages for breach of confidence in the Victorian Supreme Court.

According to DVA's website, MATES aimed to prevent adverse health outcomes, hospitalisations and unwanted side effects for veterans taking multiple medications. Card payment data, equivalent to Medicare data, was periodically sent to UniSA, including names, addresses, accepted medical conditions and treatments. Patient identity was initially obscured, but where health risks were found, a restricted and small number of staff identified the veteran and contacted their GP.

Mr O'Meara said the legal issue was that DVA enrolled participants without informed consent about who would see their personal information and where it would be stored.

"At the heart of this case is what our own government can do with our personal information, and in particular ... of a reasonably vulnerable cohort of people," he said. "A lot of these people have pretty complex medical histories. They include complex psychiatric and psychological conditions."

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Analysis

Why This Matters

  • Around 300,000 veterans and bereaved spouses may be eligible to join, making this one of the largest privacy actions against the federal government.
  • The case tests whether government health programs can share sensitive medical data without explicit consent when the stated aim is patient safety.
  • It follows the Robodebt class action and could influence how DVA and other government data programs are designed in future.

Background

MATES operated from 2004 to 2024, providing medication advice aimed at preventing adverse outcomes for veterans on multiple medicines. It was administered by the University of South Australia under a DVA contract, with the minister ending the program after an ethics review. The class action follows a two-year investigation by Gordon Legal, whose partner Seb O'Meara previously worked on the Robodebt class action settlement.

Key Perspectives

Veterans and their legal team: Gordon Legal argues that most veterans were unaware their records were being shared and did not consent, and that the case goes to the heart of what government may do with citizens' personal information, particularly a vulnerable cohort with complex medical histories.

DVA: The department's published description of MATES was a safety program to prevent hospitalisations and side effects, with identity obscured initially and only a restricted number of staff able to identify patients to contact their GPs when risks were found.

Critics/Skeptics: The claim will turn on whether the program's safeguards amounted to a reasonable use of the data or required active consent, and whether the court accepts the disclosures were a breach of confidence. The ethics review that ended the program may become central to that question.

What to Watch

  • Whether the Victorian Supreme Court certifies the class and how many of the estimated 300,000 eligible cardholders register.
  • DVA's formal response to the claim, not yet detailed in available reporting.
  • Any release of findings from the ethics review that prompted the program's closure.

Sources

Zotpaper

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