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Health Law |
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- Legislation
- Australia
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- Gene Technology Act 2000 (CTH)
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An Act to regulate activities involving gene technology.
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- Prohibition of Human Cloning Act 2002 (CTH)
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An Act to prohibit human cloning and other unacceptable practices associated with reproductive technology.
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- Research Involving Human Embryos Act 2002 (CTH)
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An Act to regulate certain activities involving the use of human embryos.
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- Commonwealth
- Aged Care Act 1997 (Cth)
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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
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- Euthanasia Laws Act 1997 (Cth)
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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 ...
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- Australian Capital Territory
- Guardianship and Management of Property Act 1991 (ACT)
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An Act to provide for guardianship, and management of the property, of certain people.
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- Health Records (Privacy and Access) Act 1997 (ACT)
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An Act to provide for the privacy and integrity of, and access to, personal health information, and for related purposes.
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- Health Records (Privacy and Access) Act 1997 (ACT)
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- Medical Treatment Health Directions Act 2006 (ACT)
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An Act to provide for directions about the withholding or withdrawal of medical treatment, and for related purposes.
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- Mental Health (Treatment and Care) Act 1994 (ACT)
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An Act to provide for the treatment, care, control, rehabilitation and protection of mentally dysfunctional or mentally ill persons.
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- Powers of Attorney Act 2006 (ACT)
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An Act about powers of attorney.
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- Transplantation and Anatomy Act 1978 (ACT)
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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.
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- New South Wales
- Health Administration Act 1982 (NSW)
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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.
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- Health Care Complaints Act 1993 (NSW)
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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.
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- Human Tissue Act 1983 (NSW)
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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.
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- Medical Practice Act 1992 (NSW)
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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.
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- Mental Health Act 1990 (NSW)
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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.
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- Privacy and Personal Information Protection Act 1998 (NSW)
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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.
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- Status of Children Act 1996 (NSW)
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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 ...
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- Northern Territory
- Human Tissue Transplant Act 1979 (NT)
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An Act to make provision for and in relation to the removal and use of human tissues, for post-mortem examinations, for the definition of death and for related purposes.
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- Medical Services Act (NT)
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An Act relating to the provision and administration of medical services.
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- Natural Death Act 1988 (NT)
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An Act to provide for, and give legal effect to, directions against artificial prolongation of the dying process.
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- Rights of the Terminally Ill Act 1995
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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 ...
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- Status of Children Act 1978 (NT)
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An Act relating to the Status of Children.
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- Queensland
- Queensland Legislation - Health Portfolio Acts, Subordinate Legislation & Associated Documents
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Comprehensive listing of Queensland legislation relating to health issues, with links to the complete legislation at the Office of the Queensland Parliamentary Counsel.
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- Victoria
- Victorian Health Legislation
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A selection of Victorian legislation relevant to health service providers.
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- Western Australia
- Western Australia - Health Legislation
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Links to WA health legislation: Alcohol and Drug Authority Act 1974, Anatomy Act 1930, Animal Resources Authority Act 1981, Blood Donation (Limitation of Liability) Act 1985, Chiropractors Act 1964, Co-opted Medical and Dental Services for the Northern Portion of the State ...
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- International
- International Digest of Health Legislation
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The International Digest of Health Legislation contains a selection of national and international health legislation. Texts of legislation are summarized in English or mentioned by their title. Where possible, links are provided to other websites that contain full texts of ...
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- Courts & tribunals and their decisions
- Australia
- AB v The Attorney-General for the State of Victoria [2005] VSC 180
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Catchwords: Artificial human reproduction – Use of sperm of man known to be dead – Sperm removed from deceased’s body after death pursuant to Court order – Whether order authorising removal ought to have been made – Whether parens patriae jurisdiction of the Court gave ...
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- Breen v Williams (1996) 186 CLR 71
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Reported at: (1996) 186 CLR 71; (1996) 138 ALR 259; (1996) 70 ALJR 772; [1996] 13 Leg Rep 11; (1996) 43 ALD 481
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- Cattanach v Melchior [2003] HCA 38
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Reported at: (2003) 215 CLR 1; (2003) 199 ALR 131; (2003) 77 ALJR 1312; (2003) Aust Torts Reports 81-704 Catchwords: Negligence - Medical negligence - Negligent advice following sterilisation procedure - Birth of child - Damages - Whether damages recoverable for past and ...
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- Chappel v Hart [1998] HCA 55
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Reported at: (1998) 195 CLR 232; (1998) 156 ALR 517; (1998) 72 ALJR 1344; [1998] 14 Leg Rep 2; (1998) Aust Torts Reports 81-492 Catchwords: Negligence - Causation - Failure to warn of inherent risk of operation about which patient had specifically inquired - Plaintiff would ...
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- Denman, Re — [2004] QSC 70
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Reported at: [2004] 2 Qd R 595 Cathchwords: Medical ethics — Sperm — Harvesting. Application for order permitting harvesting of sperm. Applicant married to deceased. Deceased killed in accident on day prior to application.
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- Edwards v Blomeley [2002] NSWSC 460
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Reported at: Not yet reported Catchwords: NEGLIGENCE failed vasectomy whether duty of care owed by medical practitioner performing procedure to child subsequently conceived if so, content of duty child born disabled whether breach of duty to child causation of disabilities ...
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- Finch v Rogers [2004] NSWSC 39 (13 February 2004)
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Reported: Not yet reported CATCHWORDS: Professional negligence, breach of duty by doctor, causation of damage David Kirby J, Supreme Court of NSW
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- Gardner; re BWV - [2003] VSC 173
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Reported: (2003) 7 VR 487 Catchwords: Medical treatment - refusal by guardian - whether provision of nutrition and hydration by artificial means constitutes palliative care or medical treatment - Medical Treatment Act 1988 (Vic), ss 5B, 4, 3 - meaning of "medical treatment" ...
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- Gray, Re - [2000] QSC 390
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Reported at: [2001] 2 Qd R 35; (2000) 117 A Crim R 22 Catchwords: PERSONAL PROPERTY - OWNERSHIP AND POSSESSION - NATURE AND MEANING OF OWNERSHIP OF AND PROPERTY IN PERSONALTY - application by wife of deceased husband for order to remove sperm sample - whether parens patriae ...
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- Hancock v State of Queensland [2002] QSC 027
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Reported at: Not yet reported Catchwords: NEGLIGENCE — MEDICAL NEGLIGENCE — Plaintiff medical patient pregnant after sterilisation procedure — whether procedure was performed with reasonable skill and care
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- Harriton v Stephens [2002] NSWSC 461
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Reported at: Not yet reported Catchwords: NEGLIGENCE rubella during pregnancy whether duty of care owed by the medical practitioner attending on mother to child subsequently born if so, content of duty child born profoundly disabled due to rubella virus whether breach of ...
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- Harvey v PD — [2004] NSWCA 97
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Reported at: (2004) 59 NSWLR 639 Catchwords: NEGLIGENCE - liability of doctors in a medical centre for inadequate counselling to female member of couple at a joint consultation where the couple sought advice as to sexually transmitted disease including HIV preparatory, as ...
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- Health and Community Services, Department of v J W B and S M B
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Reported at: (1992) 175 CLR 218; (1992) 106 ALR 385; (1992) 66 ALJR 300; (1992) 6 AJFL 97; (1992) 15 Fam LR 392; (1992) FLC 92-293 Catchwords: Family law - Child welfare - Intellectual Disability - Authorisation of sterilisation procedure
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- MAW v Western Sydney Area Health Service [2000] NSWSC 358
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Reported at: (2000) 49 NSWLR 231; (2000) 26 Fam LR 364 Catchwords: Artificial insemination | Removal of human semen | Transplantation of human tissue |Incapable person | Brain damage | Absence of consent | Parens patriae jurisdiction | Nature and limits |Court consents for ...
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- McBain v State of Victoria [2000] FCA 1009
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Reported at: (2000) 99 FCR 116; (2000) 177 ALR 320; (2000) EOC 93-102 Appeal proceedings: McBain, Re; Ex parte Australian Catholic Bishops Conference Catchwords: Civil and political rights - Discrimination - Discrimination on grounds of marital status - Refusal of IVF ...
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- McBain, Re; Ex parte Australian Catholic Bishops Conference [2002] HCA 16
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Reported at: (2002) 209 CLR 372; (2002) 188 ALR 1; (2002) 76 ALJR 694; (2002) 23(7) Leg Rep 2; (2002) EOC 93-207 Catchwords: Constitutional law - Judicial power - Jurisdiction - Scope of ‘matter’ in Ch III of Constitution Applications (brought in original jurisdiction of ...
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- Naxakis v Western General Hospital [1999] HCA 22
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Reported at: (1999) 197 CLR 269; (1999) 162 ALR 540; (1999) 73 ALJR 782; (1999) 9 Leg Rep 2 Catchwords: Negligence - Professional negligence - Medical practitioners - Standard of care
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- PD v Dr Nicholas Harvey & 1 Ors [2003] NSWSC 487
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Reported at: Not reported Appeal Proceedings: Harvey v PD [2004] NSWCA 97 Catchwords: Negligence medical practitioner scope and content of duty of care after joint consultation for sexually transmissable diseases
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- Re Alex : Hormonal Treatment for Gender Identity Dysphoria [2004] FamCA 297
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Case of 13 year old girl with gender identity disorder who wished to undergo a transition to become male in appearance.
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- Re Patrick : (An Application Concerning Contact) [2002] FamCA 193 (5 April 2002)
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Reported at: (2002) 168 FLR 6; (2002) 28 Fam LR 579; (2002) FLC 93-096 Catchwords: CONTACT - child born as a result of artificial insemination of one of two lesbian partners by homosexual sperm donor - contested agreement - father seeking increased contact with the child - ...
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- Riverside Nursing Care Pty Ltd v Honourable Bronwyn Bishop [2000] FCA 1147
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Reported at: (2000) 100 FCR 519; (2000) 63 ALD 27 Catchwords: Practice and procedure - Natural justice - Procedural fairness - Statutory exclusion
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- Rogers v Whitaker (1992) 175 CLR 479
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Reported at: (1992) 175 CLR 479; (1992) 109 ALR 625; (1992) 67 ALJR 47; (1992) Aust Torts Reports 81-189 Catchwords: Negligence - Professional negligence - Medical practitioners - Duty to warn patient of risk of medical treatment
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- Rosenberg v Percival - [2001] HCA 18
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Reported at: (2001) 205 CLR 434; (2001) 178 ALR 577; (2001) 75 ALJR 734; (2001) 22(7) Leg Rep 11; (2001) Aust Torts Reports 81-605 Catchwords: Negligence - Breach of duty - Surgeon's duty to warn of material risk in proposed surgery - Identification of the material risk - ...
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- Waller v James [2002] NSWSC 462
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Reported at: Not yet reported CATCHWORDS: NEGLIGENCE parents undergo IVF procedure parent with AT3 deficiency failure by those conducting programme to investigate and to advise parents in relation to that AT3 deficiency whether duty of care owed by those conducting IVF ...
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- United Kingdom
- B (Consent to Treatment: Capacity), Re v An NHS Hospital Trust [2002] EWHC 429
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Reported at: [2002] 2 All E.R. 449; [2002] 1 F.L.R. 1090; [2002] 2 F.C.R. 1; [2002] Lloyd's Rep. Med. 265; (2002) 65 B.M.L.R. 149; [2002] Fam. Law 423; (2002) 99(17) L.S.G. 37; (2002) 152 N.L.J. 470; (2002) 146 S.J.L.B. 83 | Catchwords: B, a patient with serious physical ...
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- R. (on the application of Pretty) v DPP [2001] UKHL 61
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Reported at: [2001] 3 W.L.R. 1598 Catchwords: Whether DPP decision not to grant terminally ill patient's husband immunity from prosecution should he help her to commit suicide violated her human rights and whether s.2(1) of Suicide Act 1961 (UK) was compatible with ECHR.
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Organisations
Organisations - Government
- Australia
- Commonwealth
- National Health and Medical Research Council
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Site includes copies of National Statement on Ethical Conduct in Research Involving Humans (Canberra: NHMRC, 1999), the Guidelines for Genetic Registers and Associated Genetic Material (Canberra: NHMRC, 1999) and Ethical Guidelines on Assisted Reproductive Technology ...
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- Office of the Gene Technology Regulator
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The Office of the Gene Technology Regulator has been established within the Commonwealth Department of Health and Ageing to provide administrative support to the Gene Technology Regulator in the performance of her functions under the Gene Technology Act 2000.
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- Victoria
- Infertility Treatment Authority
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The Infertility Treatment Authority is the statutory body established by the Victorian Parliament to administer the regulation of infertility services and research into infertility within the State of Victoria. Annual Reports from 1999 and a regular newsletter are available ...
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- Office of the Health Services Commissioner
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The Health Services Commissioner conciliates formally or informally, between consumers and health services providers. Site includes information for consumers, legislation and annual reports.
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Publications
- Australia
- Commonwealth
- Analysis of advice on developments in assisted reproductive technology and related medical and scientific research
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This report was commissioned by the Department of Prime Minister & Cabinet to provide an analysis of any "changes to the state of play" in relation to assisted reproductive technology (ART) and related research since the passage of the 'Prohibition of Human Cloning Act 2002' ...
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- Essentially Yours: The Protection of Human Genetic Information in Australia (ALRC 96)
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This ALRC Report represents the culmination of a major, two-year inquiry by the Australian Law Reform Commission (ALRC) and the Australian Health Ethics Committee (AHEC) of the National Health and Medical Research Council (NHMRC). It covers an extensive range of activities ...
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- Genes and ingenuity : gene patenting and human health
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In December 2002, the federal Attorney-General asked the ALRC to examine the challenges posed by the rapid advances in human genome research and genetic technologies-and the sometimes competing issues of protection of intellectual property rights and the public interest in ...
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- Human Cloning: Scientific, Ethical and Regulatory Aspects of Human Cloning and Stem Cell Research.
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The Australian House of Representatives Legal and Constitutional Affairs Committee was asked in 1999 to review the report of the Australian Health Ethics Committee on Human Cloning. This report examines the complex issues surrounding human cloning and stem cell research. The ...
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- Legislative responses to recommendations of the Lockhart review
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Majority report by the Senate Standing Committee of Community Affairs on new legislation permitting research involving human embryo stem cells ('therapeutic cloning').
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- NHMRC - Certifying death: the brain function criterion
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The National Health and Medical Research Council (NHMRC) has released four discussion papers which offer information and advice to health professionals and to members of the public about the ethical aspects of organ and tissue donation and transplantation. 4. Certifying ...
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- NHMRC - Donating organs after death: ethical issues
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The National Health and Medical Research Council (NHMRC) has released four discussion papers which offer information and advice to health professionals and to members of the public about the ethical aspects of organ and tissue donation and transplantation. Donating organs ...
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- NHMRC - Ethical issues in donation of organs or tissues by living donors
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The National Health and Medical Research Council (NHMRC) has released four discussion papers which offer information and advice to health professionals and to members of the public about the ethical aspects of organ and tissue donation and transplantation. 2. Ethical issues ...
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- NHMRC - Ethical issues raised by allocation of transplant resources
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The National Health and Medical Research Council (NHMRC) has released four discussion papers which offer information and advice to health professionals and to members of the public about the ethical aspects of organ and tissue donation and transplantation. 3. Ethical issues ...
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- Scientific, Ethical and Regulatory Considerations Relevant to Cloning of Human Beings
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The Commonwealth Minister for Health and Aged Care (Hon Dr Michael Wooldridge) requested the Australian Health Ethics Committee to advise him on the potential and need for further pronouncement or possible legislation regarding cloning of human beings. The Australian Health ...
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- Victoria
- A.R.T., surrogacy and legal parentage : a comparative legislative review.
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This is one of three Occasional Papers published by the Victorian Law Reform Commission as part of the Commission’s work on assisted reproduction and adoption. This Paper examines how laws in the other Australian states, and in the United States, United Kingdom and Canada ...
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- Assisted Reproduction and Adoption: Should the Current Eligibility Criteria in Victoria be Changed? Consulation Paper
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The Attorney-General, the Honourable Rob Hulls MP, has asked the Victorian Law Reform Commission to inquire into two major issues of importance to the Victorian community: eligibility for assisted conception through licensed clinics (including eligibility for a procedure ...
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- Assisted Reproductive Technology and Adoption Position Paper 1 Access
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This is the first in a series of position papers to be published by the Victorian Law Reform Commission. The purpose of this Position Paper is to set out the commission’s preliminary views on access to, and eligibility for, assisted reproductive technology (ART). The paper ...
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- Assisted Reproductive Technology and Adoption Position Paper 2 Parentage
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This is the second in a series of position papers published by the Victorian Law Reform Commission in its reference on assisted reproductive technologies (ART) and adoption. The first Position Paper1 contained the commission’s interim recommendations on access to infertility ...
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- Medico-legal guidelines: protecting patients, guiding doctors
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These guidelines provide assistance to medical practitioners in Victoria on issues in which their medical and legal responsibilities overlap. They aim to clarify the standards of conduct expected of medical practitioners by their colleagues and by the public.
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- Outcomes for Children Born of A.R.T. in a Diverse Range of Families
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This is one of three Occasional Papers published by the Victorian Law Reform Commission as part of the Commission’s work on assisted reproduction and adoption. This paper reviews research findings on the health and other outcomes for children born through assisted ...
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- Review of the Regulation of the Health Professions in Victoria
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Site includes links to Regulation of the Health Professions in Victoria - Discussion Paper, October 2003; Review of Health Practitioner Regulation in Victoria – Options Paper, April 2005; and two commissioned reports : Study of Complainants' Experience of Registration Boards ...
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- The Convention on the Rights of the Child: The Rights and Best Interests of Children Conceived Through Assisted Reproduction
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This is one of three Occasional Papers published by the Victorian Law Reform Commission as part of the Commission’s work on assisted reproduction and adoption. This Paper examines how the concepts of the rights and best interests of children under the Convention on the ...
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- Therapeutic Cloning: The Infertility Treatment Amendment Bill 2007
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This paper includes discussion of the bill and its legal context, a summary of ethical considerations and positions, an explanation of Victoria's science, technology and innovation industry and developments in interstate and international jurisdictions.
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- Multi-jurisdictional
- Electronic Health and Medical Law Newsletter
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Newsletter that contains news and information on matters relating to health and medical law, including information on any new or amended legislation.
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International resources
- United Kingdom
- UK - Human Fertilisation and Embryology Authority
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A statutory body which regulates, licenses and collects data on fertility treatments such as IVF and donor insemination, as well as human embryo research, in the UK. Set up in the UK in 1991, HFEA ensures that all UK treatment clinics offering in vitro fertilisation (IVF) or ...
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- UK - Human Genetics Commission
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The HGC is the UK Government's advisory body on how new developments in human genetics will impact on people and on health care. HGC was established following a comprehensive review in May 1999 by the UK Government of the regulatory and advisory framework for biotechnology.
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- UK - Progress Educational Trust
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Provides information on fertility and genetics, and promotes discussion on their ethical and legal implications. Publishes a news journal, ‘Progress in Reproduction’.
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Other indexes/links
- Australia
- Health Law - Parliament of Australia
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This guide contains links to Internet resources and documents in the area of federal health law, as well as providing links to other guides and directories which contain material on State and Territory and overseas law. Includes compehensive links to government documents. ...
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- Monash University Law Library - Law and Medicine
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This site lists recent texts, loose-leaf services and key journals held in the Monash University Law Library and has links to other important sites, including comprehensive links to assisted reproductive technology sites.
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- Multi-jurisdictional
- Embryology Legal Issues
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Includes links to Australian legislation, and links to secondary materials on human embryology experimentation.
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International
- WorldLII Health & Medicine
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Links to world health and medicine law resources provided by WorldLII. Resources are in the following categories: by country, commentary, law journals, non-government organisations, other indexes, research centres, treaties and international agreements, euthanasia, organ ...
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United Kingdom
- Sheffield Institute of Biotechnological Law and Ethics
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Sheffield Institute of Biotechnological Law and Ethics (SIBLE) is an inter-Faculty institute of the University of Sheffield created in July 1994 as a response to the legal and ethical problems generated by developments in biotechnology. If you follow the link to Resources ...
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Educational
- Australia
- Centre for Law & Genetics
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The Centre is based at the Schools of Law at the Universities of Tasmania and Melbourne. Research is further undertaken throughout Australian and international academic institutions. The mission of the Centre is to provide excellence in research for the benefit of the ...
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General Media & Telecommunication sites
- Australia
- Radio National - The Health Report
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The Health Report is broadcast each Monday on ABC (Radio National). This site contains program transcripts and audio of broadcast programs. Audio is updated at 10am Mondays. The program covers a range of health issues,including ethical and legal issues.
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- Radio National - The Law Report
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The Law Report is broadcast each Tuesday on ABC (Radio National). This site contains program transcripts and audio of broadcast programs. Audio is updated at 10pm Tuesday and is available for 4 weeks after broadcast. Covers a range of legal issues, including health issues.
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Journals
- United Kingdom
- BioNews
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BioNews is a free weekly digest of news stories in assisted reproduction and human genetics. Sent to subscribers by email each Monday, BioNews provides summaries of the week's news, commentary on the leading story and recommendations on books, television and public events. ...
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Plain language materials
Reviews and Investigations
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