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 right, 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 right, 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 right, 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 right, 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 right, or click here.

Further Resources - Health Law & Lawyers