Health Law & Lawyers

Lawyers practising in the area of health law understand how distressing and confusing circumstances can be and how you or a family member would benefit from mental health advice. Broadly speaking their approach to providing legal advice and assistance on such matters focuses on being highly sensitive to and understanding of clients’ particular needs.

If you would like legal representation regarding any aspect of health law, them please complete your free legal enquiry form on the left, or click here.

Mental health lawyers ensure their clients rights and best interests are protected when dealing in all areas of Mental Health law.

Specialist Mental Health expertise

  • Specialist Mental Health expertise provided to clients usually includes:
  • Representation for patients and nearest relatives at Mental Health Review Tribunals.
  • Representation at mental health review board
  • Advice and assistance regarding all types of sections, including civil detention, criminal detention, and those who
    are conditionally discharged.
  • Admission for assessment and treatment
  • Supervised discharge
  • Hospital order made by the Courts
  • Hospital order with restrictions
  • Giving access to the experts who can challenge forensic and scientific evidence.
  • Judicial Review of decisions regarding individuals made by the Mental Health Review Tribunal.

If you need legal help regarding any aspect of health law, then please complete you free legal enquiry form on the left, or click here.

One of the most common issues dealt with by mental health lawyers is the detention of patients in hospital against their will. Our specialist mental health lawyers can advise regarding the need for and likelihood of success of any appeal, to a Mental Health Tribunal or to the Hospital Managers.

Mental health lawyers also provide advice and representation with respect to the Mental Health Act and associated legislation.

Health lawyers provide specialist advice, assistance and representation in relation to all aspects of the Mental Health Law which, apart from the above, include:

  • Representation at Mental Health Review Tribunals
  • Provision of advice and assistance at Managers Hearings, and attendance at meetings
  • The rights of a detained or voluntary patient
  • Advising the Nearest Relative of their rights and roles
  • Consent to treatment
  • Aftercare provisions
  • Guardianship
  • Commissioning independent psychiatric and Social Circumstances reports
  • Lawfulness of detention and the appropriateness of treatment
  • Challenging the Decisions of Tribunals and Primary Care Trusts by way of Judicial Review Proceedings
  • Court Proceedings in relation to displacement of nearest relative
  • Human Rights Issues
  • Court of Protection
  • Prisoners requiring transfer to hospital under the Mental Health Act or the Criminal Procedure Act

If you need legal help regarding any aspect of health law, then please complete you free legal enquiry form on the left, or click here.

The Department of Health and Ageing

The Department of Health and Ageing is the main regulatory body pertaining to health law in Australia.

It's vision is to provide "Better health and active ageing for all Australians".

The aim of The Department of Health and Ageing is to achieve their Vision through strengthening evidence-based policy advising, improving program management, research, regulation and partnerships with other government agencies, consumers and stakeholders.

Current priorities undertaken by The Department of Health and Ageing include:

  • focusing the health and aged care system more on healthy lifestyles, prevention and early intervention and a 'best practice' handling of chronic disease;
  • improving the transparency, accessibility, accountability and quality of public and private health and aged care service provision through financing and agreements with stakeholders, industry and State and Territory governments;
  • consolidating and progressing reforms to ensure choice and access to quality aged care services;
  • working together with the States and Territories to reduce duplication and gaps, and to deliver efficient, value-for-money health and aged care services through an adaptable and sustainable health and aged care workforce;
  • working towards improved health for Aboriginal and Torres Strait Islander peoples through whole-of-government arrangements for policy development and service delivery, and improved access to, and responsiveness of, the mainstream health system;
  • improving choice for consumers through strong private sector involvement, effectively integrated with the public sector; and
  • leading a whole-of-government approach to strengthening Australia’s readiness for disease threats, national emergencies and other large scale health incidents.

If you need legal help regarding any aspect of health law, then please complete you free legal enquiry form on the left, or click here.

Health Law and legislation in Australia

The main pieces of legislation in Australia relating to health and ageing law and legislation include the following:

•     Aged or Disabled Persons Care Act 1954

•     Aged Care Act 1997

•     Aged Care (Bond Security) Act 2006

•     Aged Care (Bond Security) Levy Act 2006

•     Aged Care (Consequential Provisions) Act 1997

•     Australian Hearing Services Act 1991, subsections 8(4) to 8(8) inclusive

•     Australian Institute of Health and Welfare Act 1987

•     Australian Organ and Tissue Donation and Transplantation Authority Act 2008

•     Australian Radiation Protection and Nuclear Safety Act 1998

•     Australian Radiation Protection and Nuclear Safety (Licence Charges) Act 1998

•     Australian Sports Anti-Doping Authority Act 2006

•     Australian Sports Anti-Doping Authority (Consequential and Transitional Provisions) Act 2006

•     Australian Sports Commission Act 1989

•     Cancer Australia Act 2006

•     Commonwealth Serum Laboratories Act 1961

•     Delivered Meals Subsidy Act 1970

•     Dental Benefits Act 2008

•     Epidemiological Studies (Confidentiality) Act 1981

•     Food Standards Australia New Zealand Act 1991

•     Gene Technology Act 2000

•     Gene Technology (Licence Charges) Act 2000

•     Health and Other Services (Compensation) Act 1995

•     Health and Other Services (Compensation) Care Charges Act 1995

•     Health Care (Appropriation) Act 1998

•     Health Insurance Act 1973

•     Health Insurance Commission (Reform and Separation of Functions) Act 1997

•     Health Insurance (Pathology) (Fees) Act 1991

•     Health Workforce Australia Act 2009

•     Hearing Services Administration Act 1997

•     Hearing Services and AGHS Reform Act 1997

•     Health Workforce Australia Act 2009

•     Home and Community Care Act 1985

•     Home Nursing Subsidy Act 1956

•     Industrial Chemicals (Notification and Assessment) Act 1989

•     Industrial Chemicals (Registration Charge - Customs) Act 1997

•     Industrial Chemicals (Registration Charge - Excise) Act 1997

•     Industrial Chemicals (Registration Charge - General) Act 1997

•     Medical Indemnity Act 2002

•     Medical Indemnity (Competitive Advantage Payment) Act 2005

•     Medical Indemnity (Prudential Supervision and Product Standards) Act 2003, Part 3, Division 2A

•     Medical Indemnity (Run-off Cover Support Payment) Act 2004

•     Medical Indemnity (UMP Support Payment) Act 2002

•     Medical Indemnity Agreement (Financial Assistance – Binding Commonwealth Obligations) Act 2002

•     Narcotic Drugs Act 1967, sections 9, 10, 11, 13, 19 and 23 and subsection 24(1), and so much of the remaining provisions of the Act (other than sections 12

•     and 22 and subsection 24(2)) as relates to powers and functions under those sections

•     National Blood Authority Act 2003

•     National Health Act 1953

•     National Health and Medical Research Council Act 1992

•     National Health Security Act 2007

•     Nursing Home Charge (Imposition) Act 1994

•     Nursing Homes Assistance Act 1974

•     Private Health Insurance Act 2007

•     Private Health Insurance (Collapsed Insurer Levy) Act 2003

•     Private Health Insurance Complaints Levy Act 1995

•     Private Health Insurance (Council Administration Levy) Act 2003

•     Private Health Insurance (National Joint Replacement Register Levy) Act 2009

•     Private Health Insurance (Prostheses Application and Listing Fees) Act 2007

•     Private Health Insurance (Risk Equalisation Levy) Act 2003

•     Private Health Insurance (Transitional Provisions and Consequential Amendments) Act 2007

•     Prohibition of Human Cloning Act 2002

•     Research Involving Human Embryos Act 2002

•     Quarantine Act 1908, in relation to human quarantine

•     Quarantine (Validation of Fees) Act 1985, in relation to human quarantine

•     States Grants (Home Care) Act 1969

•     States Grants (Nurse Education Transfer Assistance) Act 1985

•     States Grants (Paramedical Services) Act 1969

•     Therapeutic Goods Act 1989

•     Therapeutic Goods (Charges) Act 1989

•     Tobacco Advertising Prohibition Act 1992

•     World Health Organization Act 1947


If you need legal help regarding any aspect of health law, then please complete you free legal enquiry form on the left, or click here.

 

Further Resources - Health Law & Lawyers

 

Health Law & Lawyers News

NEWS, UPDATES & INFORMATION - Health Law & Lawyers

The Main pieces of Australian legislation relating to Halth Law include:

Gene Technology Act 2000 (CTH)
An Act to regulate activities involving gene technology.

Prohibition of Human Cloning Act 2002 (CTH)
An Act to prohibit human cloning and other unacceptable practices associated with reproductive technology.

Research Involving Human Embryos Act 2002 (CTH)
An Act to regulate certain activities involving the use of human embryos.

Commonwealth
Aged Care Act 1997 (Cth)
The Act aims to, amongst other things, promote a high quality of care and accommodation for the recipients of aged care services that meets the needs of individuals

Euthanasia Laws Act 1997 (Cth)
Amends the Northern Territory Self Government Act 1978 to disallow the making of laws which permit or have the effect of permitting (whether subject to conditions or not) the form of intentional killing of another called euthanasia (which includes mercy killing) or the ...

Australian Capital Territory
Guardianship and Management of Property Act 1991 (ACT)
An Act to provide for guardianship, and management of the property, of certain people.

Health Records (Privacy and Access) Act 1997 (ACT)
An Act to provide for the privacy and integrity of, and access to, personal health information, and for related purposes.

Health Records (Privacy and Access) Act 1997 (ACT)

Medical Treatment Health Directions Act 2006 (ACT)
An Act to provide for directions about the withholding or withdrawal of medical treatment, and for related purposes.

Mental Health (Treatment and Care) Act 1994 (ACT)
An Act to provide for the treatment, care, control, rehabilitation and protection of mentally dysfunctional or mentally ill persons.

Powers of Attorney Act 2006 (ACT)
An Act about powers of attorney.

Transplantation and Anatomy Act 1978 (ACT)
An Act to make provision for and in relation to the removal of human tissues for transplantation, for post-mortem examinations, for the definition of death, for the regulation of schools of anatomy.

New South Wales
Health Administration Act 1982 (NSW)
An Act to establish a Department of Health and certain other bodies; to vest certain functions in the Minister for Health and certain other bodies and persons; to provide for the transfer of certain employees; to repeal the Health Commission Act 1972.

 

Health Care Complaints Act 1993 (NSW)
An Act to provide for the making, resolution, investigation and prosecution of health care complaints; to constitute a joint committee of members of Parliament, the Health Care Complaints Commission and the Health Conciliation Registry and to specify their functions.

 

Human Tissue Act 1983 (NSW)
An Act relating to the donation of tissue by living persons, the removal of tissue from deceased persons, the conduct of post-mortem examinations of deceased persons.

 

Medical Practice Act 1992 (NSW)
An Act to provide for the registration of medical practitioners and medical students and the making of complaints and the taking of disciplinary action against medical practitioners; to repeal the Medical Practitioners Act 1938.

 

Mental Health Act 1990 (NSW)
An Act to make provision with respect to the care, treatment and control of mentally ill and mentally disordered persons and other matters relating to mental health.

 

Privacy and Personal Information Protection Act 1998 (NSW)
An Act to provide for the protection of personal information, and for the protection of the privacy of individuals generally; to provide for the appointment of a Privacy Commissioner; to repeal the Privacy Committee Act 1975; and for other purposes.

 

Status of Children Act 1996 (NSW)
An Act to re-enact without any substantive changes provisions contained in the Children (Equality of Status) Act 1976 concerning the removal of legal disabilities of exnuptial children; to provide for parentage presumptions and parentage testing procedures; to repeal the ...

 

Northern Territory
Medical Services Act (NT)
An Act relating to the provision and administration of medical services.

 

Natural Death Act 1988 (NT)
An Act to provide for, and give legal effect to, directions against artificial prolongation of the dying process.

 

Rights of the Terminally Ill Act 1995
An Act to confirm the right of a terminally ill person to request assistance from a medically qualified person to voluntarily terminate his or her life in a humane manner; to allow for such assistance to be given in certain circumstances without legal impediment to the ...

 

Status of Children Act 1978 (NT)
An Act relating to the Status of Children.

 

Queensland
Queensland Legislation - Health Portfolio Acts, Subordinate Legislation & Associated Documents
Comprehensive listing of Queensland legislation relating to health issues, with links to the complete legislation at the Office of the Queensland Parliamentary Counsel.

 

Victoria
Victorian Health Legislation
A selection of Victorian legislation relevant to health service providers.

 

Western Australia
Western Australian Legislation
Provides links to the legislation of Western Australia. Acts can be browsed by those in force, those no longer in force, original Acts as passed and reprints. Bills are available from 1997 (35th Parliament) onwards.


Key National Bodies inlcude:

Standing Committee on Health and Ageing - Examines health legislation and related issues
Senate Standing Committee on Community Affairs- Examines health legislation and related issues.
Australian College of Legal Medicine
Australian and New Zealand Institute of Health, Law & Ethics (ANZIHLE)
An independent, national organisation active in exploring the legal and ethical aspects of health care and promotion.
Australian Medical Association. Policy page
Australian Radiation Protection and Nuclear Safety Agency (ARPANSA)
Includes information relating to the 2001 National Competition Policy review of radiation protection legislation
Department of Health and Ageing
National Health and Medical Research Council (NHMRC)
Established by the National Health and Medical Research Council Act 1992, the NHMRC, amongst other things, considers ethical issues relating to health.
NHMRC Licensing Committee: oversees the Research Involving Human Embryos Act 2002 and the Prohibition of Human Cloning Act 2002, including the review of the Acts.
Australian Safety and Compensation Council (ASCC)
Also known as WorkSafe Australia . Includes texts of national standards, model regulations and national codes of practice
Office of the Gene Technology Regulator (PGTR)
Established by the Gene Technology Act 2000, the regulator oversees the national scheme to regulate genetically modified organisms (GMOs).
Therapeutic Goods Administration (TGA)
Regulates medicines and medical devices in Australia.
Australia New Zealand Therapeutic Products Authority (Joint Australia-New Zealand regulatory scheme for therapeutic products, currently on hold)
University of Sydney. Centre for Values, Ethics and the Law in Medicine
University of Tasmania and University of Melbourne. Centre for Law and Genetics


If you need legal advice, then please complete your free legal enquiry form on the left, and we will put you in touch with a lawyer nearest you.

Our free legal enquiry service extends to all suburbs Australia wide!

Health Law & Lawyers Updates

GP who supplied abortion drug in “fake sheikh” sting is struck off

Thu, 22 Sep 2016 23:17:53 +0000

BMJ 2016; 354:i5181 Author: Clare Dyer A privately practising GP who supplied misoprostol to an undercover London reporter notorious for posing as a wealthy sheikh has been struck off the UK medical register. Majeed Ridha, 67, was consulted in London’s … Continue reading

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World leaders pledge action on antimicrobial resistance

Thu, 22 Sep 2016 23:09:24 +0000

BMJ 2016;354:i5171 Author: Anne Gulland “World leaders have pledged to tackle the problem of antimicrobial resistance in a declaration signed at the United Nations General Assembly in New York. This is only the fourth time that world leaders have discussed … Continue reading

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Doctors Have no Right to Refuse Medical Assistance in Dying, Abortion or Contraception

Thu, 22 Sep 2016 23:05:21 +0000

Bioethics. doi:10.1111/bioe.12288 Authors: Savulescu, J. and Schuklenk, U. “In an article in this journal, Christopher Cowley argues that we have ‘misunderstood the special nature of medicine, and have misunderstood the motivations of the conscientious objectors’. We have not. It is … Continue reading

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David Tune to Lead Major Review of Aged Care Reforms

Thu, 22 Sep 2016 06:07:18 +0000

Dept of Health, 22 September 2016 “Assistant Minister for Health and Aged Care, Ken Wyatt AM, MP announced the appointment of David Tune AO PSM to lead the Aged Care Legislated Review.” Find media release here.

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Freedom of information: can researchers still promise control of participants’ data?

Thu, 22 Sep 2016 06:05:21 +0000

BMJ 2016;354:i5053 Author: Nigel Hawkes “After a five year battle, patients with chronic fatigue syndrome have forced researchers to release data from controversial research into treatment of the condition. But participants in the trial never consented to this.” Find article … Continue reading

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A four-part working bibliography of neuroethics: part 3 – “second tradition neuroethics” – ethical issues in neuroscience

Wed, 21 Sep 2016 05:54:34 +0000

Philosophy, Ethics, and Humanities in Medicine 2016 11:7 Authors: Amanda Martin, Kira Becker, Martina Darragh and James Giordano “This bibliography consists of 1137 papers, 56 books, and 134 book chapters published from 2002 through 2014, covering ethical issues in neuroimaging, … Continue reading

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Marieke Vervoort – and how the right to euthanasia can help some people to live better

Wed, 21 Sep 2016 05:34:23 +0000

The Conversation, 21 Spetember 2016 Author: Anthony Wrigley “Belgian Paralympic athlete Marieke Vervoort, who won a silver medal in the T52 400 metre event at the 2016 Rio games, recently disclosed that she likely would already have attempted suicide if … Continue reading

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Is it ethical to pay adolescents to take HIV treatment?

Wed, 21 Sep 2016 05:30:13 +0000

BMJ Blog, 20 September 2016 Authors: Rebecca Hope, Nir Eyal, Justin Healy, Jacqueline Bhabha “With treatment, a child with HIV in sub-Saharan Africa can expect to live a healthy life. Better access to HIV treatment is contributing to a global … Continue reading

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Surgeon’s comments about Asian colleagues were rude but not racist, tribunal says

Wed, 21 Sep 2016 05:24:15 +0000

BMJ 2016; 354 :i5103 Author: Clare Dyer “A senior surgeon and clinical director who spoke harshly about a group of doctors from India and Pakistan in front of other staff was rude but not racist and was not guilty of … Continue reading

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36 patients die from unknown causes after transfer from a private mental health facility in South Africa

Wed, 21 Sep 2016 05:21:49 +0000

BMJ 2016; 354: i5126 Author: Pat Sidley “The health ombudsman in South Africa is investigating the deaths of 36 patients in the Johannesburg area who died after the provincial government cancelled a contract with a private mental health facility.” Find … Continue reading

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These news come from Ethics & Health Law News.

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