Case study

Legislation Links

Restraint

Mental Health Act 2007: https://www.legislation.nsw.gov.au/view/html/inforce/current/act-2007-008

Restraint Policy Direction for NSW Health: http://www.asmofnsw.org.au/Draft%20NSW%20Health%20policy%20for%20consultation%20-%20seclusion%20and%20restraint%20in%20NS.._%20(002).pdf

Equality, Capacity and Disability in Commonwealth Laws (ALRC Report 124): https://www.alrc.gov.au/wp-content/uploads/2019/08/alrc_124_whole_pdf_file.pdf

Decision-Making Tool: Supporting a Restraint Free Environment in Residential Aged Care: https://www.agedcarequality.gov.au/sites/default/files/media/Decision-Making%20Tool%20-%20Supporting%20a%20restraint-free%20environment.pdf

Consent

Equality, Capacity and Disability in Commonwealth Laws (ALRC Report 124): Informed consent to medical treatment: https://www.alrc.gov.au/publication/equality-capacity-and-disability-in-commonwealth-laws-dp-81/10-review-of-state-and-territory-legislation/informed-consent-to-medical-treatment/

Children and Young Persons Act (1998): https://www.legislation.nsw.gov.au/view/html/inforce/current/act-1998-157

Guardianship Act 1987: https://legislation.nsw.gov.au/#/view/act/1987/257

Guardianship Regulation 2016: https://legislation.nsw.gov.au/#/view/regulation/2016/556

Minors (Property and Contracts) Act 1970: https://legislation.nsw.gov.au/#/view/act/1970/60

NSW Health Consent to Medical and Healthcare Treatment Manual: https://www.health.nsw.gov.au/policies/manuals/Pages/consent-manual.aspx

Minors Act explained regarding medical consent (easier to understand): http://www.findlaw.com.au/articles/432/age-of-consent-to-medical-treatment.aspx

Children (Care and Protection Act) 1987: https://www.legislation.nsw.gov.au/acts/1998-157.pdf

Mental Health Act 2007 No. 8: https://www.legislation.nsw.gov.au/view/html/inforce/current/act-2007-008

End of Life

Coroners Act 2009: https://www.legislation.nsw.gov.au/view/html/inforce/current/act-2009-041

Advance Care Planning (NSW Health): https://www.health.nsw.gov.au/patients/acp/Pages/default.aspx

No specific Advanced Care Directives Act in NSW, however NSW Govt has issued this document: https://www.parliament.nsw.gov.au/researchpapers/Documents/advance-care-directives/Advance%20Care%20Directives.pdf

Abortion Law: Abortion Law Reform Act 2019 No 11 - NSW Legislation

Euthanasia

Euthanasia Laws Act 1997:- https://www.legislation.gov.au/Details/C2004A05118

Whistle-Blowing

Public Interest Disclosure Act 1994:- http://www9.austlii.edu.au/cgi-bin/viewdb/au/legis/nsw/consol_act/pida1994313/

 Protected Disclosures Act 1994: https://www.legislation.nsw.gov.au/acts/1994-92.pdf

Confidentiality and Privacy

Freedom of information Act 1989: https://www.legislation.gov.au/Series/C2004A02562

Criminal Records Act 1991: https://www.legislation.nsw.gov.au/#/view/act/1991/8/full

Health Records and Information Privacy Act 2002: https://www.legislation.nsw.gov.au/#/view/act/2002/71

Privacy and Personal Information Protection Act 1998: https://www.legislation.nsw.gov.au/#/view/act/1998/133

Mandatory Reporting – refer to Children and Young Persons (Care and Protection) Act 1998: https://www.legislation.nsw.gov.au/acts/1998-157.pdf

Negligence and Practice Regulation

Health Practitioner Regulation National Law (NSW) Act 2010: https://www.legislation.nsw.gov.au/#/view/act/2009/86a

Civil Liability Act 2002: https://www.legislation.nsw.gov.au/#/view/act/2002/22

Law of Negligence and Limitation of Liability Act 2008: https://www.legislation.gov.au/Details/C2016Q00058