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Multiple Choice - Australian History and Legal System

Links to document to read 1:- Federal Register of Legislation https://www.legislation.gov.au/Details/C2013Q00005 2:- court https://www.ag.gov.au/legal-system/courts 3:- Understanding the NSW coronial jurisdiction https://www.coroners.nsw.gov.au/coroners-court/the-coronial-process/what-to-expect-during-the-coronial-process.html 4:- Coroners  https://www.coroners.nsw.gov.au/ 5:- ACT Magistrates Court https://courts.act.gov.au/magistrates/law-and-practice/coroners-court 6:- How laws are made - Parliament https://www.youtube.com/watch?v=NhYpkVclXbA&ab_channel=findlegalanswers module 1 PPT updated ETHICS AND LAW FOR HEALTH PROFESSIONALS Module 1 Australian Legal System: history, courts and law Emily Wallis The University of Canberra acknowledges the Ngunnawal peoples as the traditional custodians of the land upon which the University's main campus sits, and pays respect to all Elders past, present and emerging. Ethics and Law for Health Professionals 2020 • The Australian legal system and application to healthcare practice Learning Focus Ethics and Law for Health Professionals 2020 • What is Law? • What is the role of law in everyday life? • How have laws and expectations changed over time? • What is the relationship between the law and healthcare? The Law and Healthcare Ethics and Law for Health Professionals 2020 Commonwealth of Australia Constitution Act Separation of Powers https://peo.gov.au/understand-our- parliament/how-parliament-works/system- of-government/separation-of-powers/ THE AUSTRALIAN HEALTHCARE SYSTEM: DIVIDING RESPONSIBILITIES Federal • MBS, PBS • Supporting & regulating private health insurance • Supporting & monitoring primary health care • DVA • Collecting/publishing statistics AIHW • Funding health & medical research • Buying vaccines for NIP State • managing & administering public hospitals • delivering preventive services ie. breast cancer screening • funding & managing community and mental health services • public dental clinics • ambulance & emergency services • regulating, inspecting, licensing and monitoring health premises Ethics and Law for Health Professionals 2020 Shared • Public Hospital services • Palliative Care • Preventative services ie bowel cancer screening https://www.health.gov.au/about-us/the-australian-health-system Ethics and Law for Health Professionals 2020 Judicial: Judge-made or common (case) law • Judges make decisions on cases which then set a precedent • Principles are contained within judges reasoning for decision making - Duty of Care (Rogers v Whitaker (1992) 175 CLR 479) Legislation: • Introduced, debated and passed by Parliament as an Act - Medical Treatment (Health Directions) Act 2006 (ACT) - Health Practitioners Regulation National Law Act 2010 (ACT) HOW ARE LAWS MADE? Ethics and Law for Health Professionals 2020 Role • Established to resolve disputes • Independent, and must act fairly providing reasons for their decisions • Often involve hearings between parties Relevance to health matters - Disputes regarding life saving treatment - Occupational regulation and discipline cases ie. to protect the public - Mental health orders - Guardianship ie. health care decision making ROLE OF TRIBUNALS & RELEVANCE TO HEALTH Ethics and Law for Health Professionals 2020 • The contemporary Australian legal system was founded in 1901 with the Commonwealth of Australian Constitution Act which still has limitations with regard to recognition of Aboriginal people as the first custodians of the land • The Constitution sets out the division of powers and responsibilities for law making and enforcement, including health laws • The commonwealth and states work together, and separately, to provide healthcare to Australians • Health professionals need to be aware of the laws that inform and govern their practice Next steps: please make sure that you view the videos and materials within module 1 and read the chapter from your relevant text. See you in the virtual room this week. SUMMARY & NEXT STEPS Allen, S. (2020). Law and Ethics for Health Practitioners. Elsevier Australia. McDonald, F. & Then, S. (2019). Ethics, Law and Health Care: a guide for Nurses and Midwives (2nd ed.). Palgrave Macmillan. KN185.18.N8.M33 2019 Staunton, P. & Chiarella, M. (2014). Law for Nurses and Midwives, (7th Ed). Churchill Livingstone. REFERENCES Ethics and Law for Health Professionals 2020