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

These news come from .

Health Law & Lawyers Links

Internet Resource Guide: Health Law Resources


Describes Internet resources relating to Health Law in Australia.


Women In Health Law - Supreme Court : Lawlink NSW


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WA Health legislation, Western Australia legislation, health regulations, WA new public health act.


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Mental Health Act 1986 Home - Department of Human Services Victoria, Australia, Mental Health Services, State Government Information.


Public Health Act 1997


This is a republication of the Public Health Act 1997 (including any amendment made under the. Legislation Act 2001, part 11.3 (Editorial ..


Mental Health Law Centre, WA (MHLC)


Welcome to the ACCC > The ACCC > Consumer & business directory > Consumer & business directory quick links > Mental Health Law Centre, WA (MHLC) ..


Mental Health Act 2000


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The Mental Health Act 2007 came into effect on 16 November 2007, when the Mental Health Act 1990 ceased to have effect. The objects of the ..


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Safety and health in Western Australian workplaces is regulated by the Occupational Safety and Health Act 1984 and supported by the Occupational Safety and ..


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The opportunities being created by modernisation of public health laws to clarify the application of public health and related laws to remote communities.


ACT Health - Mental Health ACT


The Crisis Assessment and Treatment Team (CATT) provides a 24-hour, seven day a week service used for assessment and treatment of mentally ill people in ..


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by I Bidmeade - 1997 - - 26 The role of local government with respect to public health laws. 79 .. outline current trends and future directions for public health law reform;. • identify key ..


378-Health Act


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A systematic review of research relating to the Mental Health Act (1983) · Application of Rights Analysis Instrument to Australian Mental Health Legislation ..


Work Health and Safety Act 2011


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Health Act 1937


Queensland. Health Act 1937. Reprinted as in force on 24 November 2011. Reprint No. 6C. This reprint is prepared by the Office of the Queensland ..


Current Trends in Mental Health Legislation


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Review of the Mental Health Act 1986 - Department of Health


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Featured below are recent and historical decisions of interest in the area of Health Law and Medical Practitioners. To locate decisions in other ..


Information for Tobacco Retailers and Consumers - NSW Health


Public Health (Tobacco) Act 2008 - NEW | Features of the Public Health (Tobacco) Act .. The Act also transfers provisions in Part 6 of the Public Health Act 1991 ..


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1. The Mental Health Law Centre (WA) Inc. The Mental Health Law Centre (WA) Inc. is an independent not for profit community legal centre (CLC) with charitable ..


Model work health and safety Act


The model Work Health and Safety (WHS) Act is the result of a comprehensive national review into work health and safety laws across Australia, which involved ..


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AHPRA was formed by an Act of Parliament and is bound by the Health Practitioner .. Queensland, Health Practitioner Regulation National Law Act 2009 ..


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Option 3: Model Emergency Health Powers Act for adoption as required by individual states and .. Human Rights Principles in Australian Public Health Law. 21 ..


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On 4 April 2008, the Minister for Employment and Workplace Relations announced a national review into model Occupational Health and Safety (OHS) Laws.


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The 'Mental Health Act 1986' states that every involuntary patient must be given a written statement of their rights. If they need help to exercise those rights, the ..


Mental Health (Forensic Provisions) Act 1990 (NSW) - Lawlink NSW


2.1 The Mental Health (Forensic Provisions) Act 1990 (NSW) ("the MHFPA") and the Mental Health Act 2007 (NSW) ("the MHA") are the major ..


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The purpose of the Review of the Mental Health (Treatment and Care) Act 1994 (the Act) is to ensure the Act reflects best practice in mental health law, as it has ..


Workplace Health and Safety Act 1995


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The Mental Health Law Centre is a Statewide Community Legal Centre specialising in mental health law. It is an independent community ..


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Introductory page to Queensland's new work health and safety laws, covering frequently asked questions, news, topics, resources, legislation, ..


South Australia MENTAL HEALTH ACT 1993


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Mental Health Act 1996


The Act governing the care and treatment of persons with mental illness, the protection of patients and the public, and the minimisation of adverse effects of ..


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Living Wills may have the benefit of clarifying a gray area in mental health law. If a person is deemed not capable of consenting to treatment, but is not overtly ..


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Legislation - Department of Health Victoria, Australia, Mental Health Services, State Government Information.


ACT Health - Smoke-Free


The ACT's smoke-free legislation is an important and vital step towards achieving the goal of improved public health. Achieving this goal is expected to deliver ..


Exposure Draft Mental Health Bill 2010


stakeholders and community members to provide feedback on the proposed new Mental Health Act. After considering this feedback, the Bill will be finalised ..


ACT Government Health Information


An organisation that provides a range of co-ordinated health and community health care services.


Trove - Australian health law bulletin


Australian health law bulletin. Creator: Prospect; Subjects: Medical laws and legislation - Australia - Periodicals.; Environmental health - Law and legislation ..


Review of the Mental Health Act 1986 - Department of Health


Mental Health Act 1986 that that there is a high level of interest in this complex .. There is an underlying principle in health law that a person with the capacity to ..


ACT Health - Community consultation: have your say


ACT

Government Health Directorate Australian Capital Territory Health Information .. Community consultation helps ACT Health make informed policy decisions ..


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The impact of mental illness on your decision-making capacity, implications of Queensland's Mental Health Act 2000, legal services for people ..


Voluntary Patients in Authorised Hospitals


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Yours Rights under the Mental Health Act 1996


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The Occupational Safety and Health Act 1984 provides for the promotion, co-ordination, administration and enforcement of occupational safety and health in ..


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ACT Health - Women's health


ACT Health

fact sheets for expectant mothers and health professionals containing important information, including preconception information, antenatal tests for ..


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In early October 2003, a synthesis of the review of the Mental Health Act 1996 .. Reviewer of the Mental Health Act 1996 and Criminal Law (Mentally Impaired ..


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Workplace Health and Safety Act 1995 - Queensland Government


Links to information on the Workplace Health and Safety Act 1995, it s purpose, who is covered and who is not covered.


National Health Act 1953 - Comlaw Home


National Health Act 1953. Act No. 95 of 1953 as amended. This compilation was prepared on 1 February 2011 taking into account amendments ..


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Involuntary Detained Patients


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Health Records and Information Privacy Act 2002 - Privacy NSW ..


The HRIP Act contains 15 health privacy principles (HPPs) outlining how health information must be collected, stored, used and disclosed.


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