Australia: Health Related Critical Judgments, Legislation, Press Releases and News Items

Health Alert 31 May 2010
Last Updated: 1 June 2010
Article by Nigel Preston


There are no judgments this week.



National Health Act 1953 - Amendment determination under sections 85, 85A and 88 - pharmaceutical benefits (No. PB 45 of 2010) - F2010L01374 - Health - This Determination amends the National Health Act 1953 - Determinations under sections 85, 85A and 88 - Pharmaceutical benefits (No. PB 15 of 2010) to provide name, dosage and method of administration of drugs in the Pharmaceutical Benefits Scheme.

National Health Act 1953 - Amendment determination under subsections 85AB(1) and 85AC(1) - drugs on F1 and drugs in Part A of F2 (No. PB 47 of 2010) - F2010L01378 - Health - This instrument amends the National Health Act 1953 - Determination under subsection 85AB(1) and 85AC(1) - drugs on F1 and drugs in Part A of F2 (No. PB 95 of 2007) to provide for listed drugs to be assigned to formularies identified as F1 and F2.

National Health Act 1953 - Amendment special arrangements under subsection 100(1) - Highly Specialised Drugs Program (No. PB 51 of 2010) - F2010L01429 - Health - This instrument amends the National Health Act 1953 - Special Arrangements under subsection 100(1) - Highly specialised drugs program for public hospitals 2010 (No. PB 125 of 2009) to provide adequate supply of those highly specialised drugs.

National Health Act 1953 - Special arrangements (Variation) made under subsection 100(2) - IVF/GIFT Program (No. PB 52 of 2010) - F2010L01430 - Health - This instrument amends the National Health Act 1953 - Arrangements made under subparagraph 100(1)(b)(i) - IVF/GIFT Program (No. PB 26 of 2007) to provide that an adequate supply of special pharmaceutical products will be available to persons receiving in vitro fertilisation or gamete intra-fallopian transfer treatment.

National Health Act (Pharmaceutical Benefits - Early Supply) Amendment June 2010 - Specification Under Subsection 84AAA(2) (No. PB 53 of 2010) - F2010L01437 - Health - This Determination amends the National Health Act (Pharmaceutical Benefits - Early Supply) - specification under subsection 84AAA(2) Instrument 2009 (No. PB 30 of 2009) to provide pharmaceutical benefits that can be resupplied inside 20 days on the one prescription.

style='mso-bidi-font-family:Arial'>National Health Act 1953 - Amendment determination under section 84AF - responsible persons (No. PB 46 of 2010) - F2010L01375 - Health - This Determination amends the National Health Act 1953 - Determination under section 84AF - responsible persons (No. PB 16 of 2010) to determine responsible persons for a brand of a pharmaceutical item in the Pharmaceutical Benefits Scheme.

Northern Territory

Health Practitioner (National Uniform Legislation) Implementation Act 2010 No. 18 - assented to on 20/05/2010 [Not available online as an Act]

Western Australia

Voluntary Euthanasia Bill 2010 - private member's Bill, sponsored by Robin Chapple MLC. - Legislative Council second reading speech 20 May 2010.


Australia. Department of Health & Ageing

Media Releases

Private Health Insurance Circular - PHI 34/10 – Lifetime Health Cover Direct Mailout

National Aboriginal and Torres Strait Islander Aged Care Forum - The Department of Health and Ageing together with the National Aboriginal and Torres Strait Islander Home and Community Care (HACC) Reference Group invites you to submit an abstract that addresses one or more of the Forum themes.

Australia. Therapeutic Goods Administration

Important notice: Matters for consideration at the June 2010 NDPSC meeting (new)

Prescription medicines business process reform project (updated)

Advertising exemption: Tianda Aspirin 100mg (new)

Advertising exemption: Guardian Aspirin 100 (new)

Fourth bill to enhance the Therapeutic Goods Act1989 passed by Parliament (updated) The Bill principally implements the new Biologicals regulatory framework

Australian Health Practitioner Regulation Agency

Wednesday 26 May 2010 - The fourteenth meeting of the Agency Management Committee - The fourteenth meeting of the Agency Management Committee was held in Melbourne on 11 May 2010.

Australia. Nursing and Midwifery Board of Australia

Monday 24 May 2010 - Assignment of Accreditation Function to ANMC - On 22 April the Australian Health Workforce Ministerial Council (AHWMC) announced that it had assigned the accreditation function for the nursing and midwifery professions to a restructured Australian Nursing and Midwifery Council. - The assignment of the accreditation function for nursing and midwifery to ANMC - 24 May 2010 (pdf, 270kb)

Australia. National Health & Medical Research Council

Leading International Researches come to Canberra 27 May 2010 - The National Health and Medical Council (NHMRC) along with representatives from 14 countries will be meeting in Canberra this week as part of the Human Frontier Science Program (HFSP) Intergovernmental Conference 27-28 May 2010. - View Media Release

More Answers for Doctors on Genetic Tests 24 May 2010 - Australian health professionals and the public will benefit from Medical Genetic Testing: Information for Health Professionals released by the National Health and Medical Research Council (NHMRC) today. - » View Media Release

Australian Institute of Health & Welfare

Alcohol and Other Drug Treatment Services National Minimum Data Set 2010-11: Specifications and collection manual The guidelines have been prepared as a reference for those involved in collecting and supplying the data for the Alcohol and Other Drug Treatment Services National Minimum Data Set (AODTS-NMDS). ... Published 28 May 2010.

Younger People with Disability in Residential Aged Care Program: Report on the 2008-09 Minimum Data Set - Younger People with Disability in Residential Aged Care Program: Report on the 2008-09 Minimum Data Set includes information from the 2008-09 younger People with Disability in Residential Aged Care Minimum ... Published 27 May 2010.

National Opioid Pharmacotherapy Statistical Annual Data collection: 2009 report - The National Opioid Pharmacotherapy Statistical Annual Data collection: 2009 report provides information on key questions relating to the number of clients receiving pharmacotherapy treatment, the type of treatment they receive, ... Published 26 May 2010.

National Opioid Pharmacotherapy Statistics Annual Data (NOPSAD) 2010 collection: Data guide - The National Opioid Pharmacotherapy Statistics Annual Data (NOPSAD) 2010 data guide has been prepared as a reference for those involved in collecting and supplying data for the NOPSAD collection.... Published 26 May 2010.

Cervical screening in Australia 2007-2008 - This data report uses the previous definition of performance indicators, and supplies up-to-date data, but with no commentary. A full report using the new definitions of the performance indicators ... Published 25 May 2010.

New South Wales. Department of Health

Respiratory and Cardiovascular Diseases and Cancer Among Residents in the Hunter New England Area Health Service

Media releases

Information bulletin

Northern Territory. Department of Health & Families

Hospital admissions prompt Central Australia gastroenteritis warning - 24 May 2010- The Department of Health and Families (DHF) has advised Central Australia residents in urban and remote areas, including the Barkly Region, to take precautions against gastroenteritis illness following the hospitalisation of seven children over the weekend.

Queensland. Department of Health

Media releases

South Australia. Department of Health

25 May 2010 - Measles case in Adelaide Metro Region (PDF 52Kb) - Public Health Alert

24 May 2010 - Availability of seasonal influenza vaccine in the private market place (pdf 45kb) - Public Health Information

Media releases

  • SA organ donation rate best in Australia - Monday, 24 May 2010 - South Australia has the highest rate of organ donation in the country, currently at 20 donors forevery million people, compared to the national rate of 11 donors per million people.- Read more...
  • The bids are in for the new RAH - Friday, 21 May 2010 - The final bids to finance, build and maintain the new Royal Adelaide Hospital have been received. - Read more...

Tasmania. Department of Health & Human Services

DHHS Progress Chart - February 2010 - 24 May 2010

Victoria. Department of Health

Media releases

$473 million for the development of the new Bendigo Hospital - 26 May 2010 - The Victorian Government has committed $473 million for the development of the new Bendigo Hospital on the historic Anne Caudle site.

Cancer Information & Support Service turns 20 - 26 May 2010 - Cancer Council Victoria's Cancer Information and Support Service has celebrated 20 years of supporting Victorians affected by cancer.

Health Victoria - May 2010

Health alert - Legionnaires' disease - May 2010

Hospital circular - Publication Number 15/2010 - 26 May 2010 - Subject: Identification of a hypervirulent strain of Clostridium difficile

Victoria. Auditor-General's Office

Partnering with the Community Sector in Human Services and Health (2009-10:24)

Western Australia. Department of Health

Media releases

Western Australia. Office of Health Review

Health Review 9 - 27/05/2010 Click here

New Zealand. Ministry of Health

27 May: Health Expenditure Trends in New Zealand 1997 - 2007

United Kingdom. Department of Health

Prescription charges review. Implementing exemption from prescription charges for people with long term conditions

Healthcare Travel Costs Scheme: instructions and guidance for the NHS, 2010

Abortion statistics for England and Wales 2009

Prevention of Venous Thromboembolism (VTE) in Hospitalised Patients

British Medical Association

BMA says current revalidation plans need major rethink - Doctors' leaders today (Friday 28 May 2010) called on the General Medical Council (GMC) to go back to the drawing board and rethink the revalidation proposals for all UK doctors. (Fri 28 May 2010)

BMA welcomes prescription charge review as a step in the right direction and repeats call for abolition - Professor Ian Gilmore's review of prescription charges, published today (Thursday 27 May, 2010) recommends an extension of the list of conditions that are exempt, and a review of wider policy "with an open mind towards either abolishing prescription charges altogether, or wider reform". (Thu 27 May 2010)

Health Alert is a summary of the critical judgments, legislation, press releases and news items which have come to our attention each week.

The summaries contain links to more detailed information and many items of special interest will also contain commentary.

Health Alert is a quick and effective means of ensuring that you are aware of significant recent changes.

To view the full Health Alert (PDF) follow this link.

© DLA Phillips Fox

DLA Phillips Fox is one of the largest legal firms in Australasia and a member of DLA Piper Group, an alliance of independent legal practices. It is a separate and distinct legal entity. For more information visit

To print this article, all you need is to be registered on

Click to Login as an existing user or Register so you can print this article.

Some comments from our readers…
“The articles are extremely timely and highly applicable”
“I often find critical information not available elsewhere”
“As in-house counsel, Mondaq’s service is of great value”

Mondaq Advice Centre (MACs)
Up-coming Events Search
Font Size:
Mondaq on Twitter
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
Email Address
Company Name
Confirm Password
Mondaq Topics -- Select your Interests
 Law Performance
 Law Practice
 Media & IT
 Real Estate
 Wealth Mgt
Asia Pacific
European Union
Latin America
Middle East
United States
Worldwide Updates
Check to state you have read and
agree to our Terms and Conditions

Terms & Conditions and Privacy Statement (the Website) is owned and managed by Mondaq Ltd and as a user you are granted a non-exclusive, revocable license to access the Website under its terms and conditions of use. Your use of the Website constitutes your agreement to the following terms and conditions of use. Mondaq Ltd may terminate your use of the Website if you are in breach of these terms and conditions or if Mondaq Ltd decides to terminate your license of use for whatever reason.

Use of

You may use the Website but are required to register as a user if you wish to read the full text of the content and articles available (the Content). You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these terms & conditions or with the prior written consent of Mondaq Ltd. You may not use electronic or other means to extract details or information about’s content, users or contributors in order to offer them any services or products which compete directly or indirectly with Mondaq Ltd’s services and products.


Mondaq Ltd and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published on this server for any purpose. All such documents and related graphics are provided "as is" without warranty of any kind. Mondaq Ltd and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Mondaq Ltd and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from this server.

The documents and related graphics published on this server could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Mondaq Ltd and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.


Mondaq Ltd requires you to register and provide information that personally identifies you, including what sort of information you are interested in, for three primary purposes:

  • To allow you to personalize the Mondaq websites you are visiting.
  • To enable features such as password reminder, newsletter alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our information providers who provide information free for your use.

Mondaq (and its affiliate sites) do not sell or provide your details to third parties other than information providers. The reason we provide our information providers with this information is so that they can measure the response their articles are receiving and provide you with information about their products and services.

If you do not want us to provide your name and email address you may opt out by clicking here .

If you do not wish to receive any future announcements of products and services offered by Mondaq by clicking here .

Information Collection and Use

We require site users to register with Mondaq (and its affiliate sites) to view the free information on the site. We also collect information from our users at several different points on the websites: this is so that we can customise the sites according to individual usage, provide 'session-aware' functionality, and ensure that content is acquired and developed appropriately. This gives us an overall picture of our user profiles, which in turn shows to our Editorial Contributors the type of person they are reaching by posting articles on Mondaq (and its affiliate sites) – meaning more free content for registered users.

We are only able to provide the material on the Mondaq (and its affiliate sites) site free to site visitors because we can pass on information about the pages that users are viewing and the personal information users provide to us (e.g. email addresses) to reputable contributing firms such as law firms who author those pages. We do not sell or rent information to anyone else other than the authors of those pages, who may change from time to time. Should you wish us not to disclose your details to any of these parties, please tick the box above or tick the box marked "Opt out of Registration Information Disclosure" on the Your Profile page. We and our author organisations may only contact you via email or other means if you allow us to do so. Users can opt out of contact when they register on the site, or send an email to with “no disclosure” in the subject heading

Mondaq News Alerts

In order to receive Mondaq News Alerts, users have to complete a separate registration form. This is a personalised service where users choose regions and topics of interest and we send it only to those users who have requested it. Users can stop receiving these Alerts by going to the Mondaq News Alerts page and deselecting all interest areas. In the same way users can amend their personal preferences to add or remove subject areas.


A cookie is a small text file written to a user’s hard drive that contains an identifying user number. The cookies do not contain any personal information about users. We use the cookie so users do not have to log in every time they use the service and the cookie will automatically expire if you do not visit the Mondaq website (or its affiliate sites) for 12 months. We also use the cookie to personalise a user's experience of the site (for example to show information specific to a user's region). As the Mondaq sites are fully personalised and cookies are essential to its core technology the site will function unpredictably with browsers that do not support cookies - or where cookies are disabled (in these circumstances we advise you to attempt to locate the information you require elsewhere on the web). However if you are concerned about the presence of a Mondaq cookie on your machine you can also choose to expire the cookie immediately (remove it) by selecting the 'Log Off' menu option as the last thing you do when you use the site.

Some of our business partners may use cookies on our site (for example, advertisers). However, we have no access to or control over these cookies and we are not aware of any at present that do so.

Log Files

We use IP addresses to analyse trends, administer the site, track movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.


This web site contains links to other sites. Please be aware that Mondaq (or its affiliate sites) are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these third party sites. This privacy statement applies solely to information collected by this Web site.

Surveys & Contests

From time-to-time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose any information requested. Information requested may include contact information (such as name and delivery address), and demographic information (such as postcode, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the functionality of the site.


If a user elects to use our referral service for informing a friend about our site, we ask them for the friend’s name and email address. Mondaq stores this information and may contact the friend to invite them to register with Mondaq, but they will not be contacted more than once. The friend may contact Mondaq to request the removal of this information from our database.


This website takes every reasonable precaution to protect our users’ information. When users submit sensitive information via the website, your information is protected using firewalls and other security technology. If you have any questions about the security at our website, you can send an email to

Correcting/Updating Personal Information

If a user’s personally identifiable information changes (such as postcode), or if a user no longer desires our service, we will endeavour to provide a way to correct, update or remove that user’s personal data provided to us. This can usually be done at the “Your Profile” page or by sending an email to

Notification of Changes

If we decide to change our Terms & Conditions or Privacy Policy, we will post those changes on our site so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.

How to contact Mondaq

You can contact us with comments or queries at

If for some reason you believe Mondaq Ltd. has not adhered to these principles, please notify us by e-mail at and we will use commercially reasonable efforts to determine and correct the problem promptly.