Australia: Health Alert: 24 September 2012

Last Updated: 26 September 2012
Article by Kerry Hogan-Ross


Australia. Federal Magistrates Court of Australia


Joanna Agius (the applicant) sought remedies for alleged discrimination against her by St Vincent's Health (the respondent). The applicant is deaf. On three separate occasions the applicant attended the Emergency Department at the respondent's premises.

The applicant claimed that on each occasion the respondent discriminated against her in that they did not ensure that an accredited Auslan interpreter assisted her. The applicant also claims that the respondent imposed a 'requirement or condition' on her that she access and/or received medical treatment without the assistance of an Auslan interpreter.

On each occasion, the applicant attended with a friend, an Auslan student, to assist her in communicating with staff. The applicant also used written English to communicate. On each occasion the applicant received appropriate medical treatment and did not complain about feeling upset or humiliated after each visit to the respondent's Emergency Department.

The respondent contended that the applicant had the assistance of her friend, an Auslan student, and that on one occasion they had booked an Auslan interpreter to assist, however the interpreter had fallen ill and could not attend. The respondent argued that the applicant was able to access and receive medical treatment on each occasion. This was accepted by the Court.

The Court held that the respondent has not discriminated or imposed a 'condition or requirement' that the applicant receive medical attention without the assistance of an Auslan interpreter. The application was dismissed.



Health Insurance Amendment (Extended Medicare Safety Net) Act 2012

Private Health Insurance (Complying Product) Amendment Rules 2012 (No. 7)
F2012L01888 " as made

Private Health Insurance (Benefit Requirements) Amendment Rules 2012 (No. 5)
F2012L01887 " as made

Western Australia



Australian Institute of Health & Welfare

Aged care packages in the community 2010-11: a statistical overview
Residential aged care in Australia 2010-11: a statistical overview
19 September 2012 - Media release

Australia. National Health & Medical Research Council

14 September 2012 - Focussing on the needs of the child in managing ADHD

Australian Health Practitioner Regulation Agency and the boards

17 September 2012 - National Occupational Therapy Board and AHPRA increase transparency and publish Health Profession Agreement. Read Article

17 September 2012 - National Chinese Medicine Board and AHPRA increase transparency and publish Health Profession Agreement. Read Article

17 September 2012 - National Physiotherapy Board and AHPRA increase transparency and publish Health Profession Agreement. Read Article

Australian Commission on Safety & Quality in Health Care

17 September 2012 - On the Radar – Issue 97 (90KB)

Australia. Therapeutic Goods Administration

17 September 2012 - Consultation: Over-the-counter (OTC) medicines business process reform - Medsafe and the TGA are seeking comments from interested parties on proposed reforms to the business processes for the evaluation of over-the-counter (OTC) medicines

18 September 2012 - TGA presentation given at the PDA Australia Chapter seminar - The presentation addressed the current direction of international standards for the development, validation and routine control of Ethylene oxide and radiation sterilization processes for health care products

18 September 2012 - Serenace 0.5mg tablet bottle (containing haloperidol) - The manufacturer has received reports of tablets from the affected batch with black spots (mould) identified as Penicillium species

18 September 2012 - Transition arrangements - Australian regulatory framework for biologicals - The Australian regulatory framework for biologicals came into effect on 31 May 2011 with a three year transition period

18 September 2012 - Key date for sponsors of biologicals - 30 November 2012 is a key date for sponsors of biologicals that are currently supplied in Australia but are not currently included in the ARTG

Australian Capital Territory. Health Directorate

14 September 2012 - Caretaker Period - The ACT Government is currently in caretaker period before the upcoming election on 20 October 2012. More latest news

New South Wales. Ministry of Health

Media releases

18 September 2012 - Policy directive - Data collections-disclosure of unit record data for research or management of health services-PD2012_051

18 September 2012 - Information bulletin - Health Records and Medical/Clinical Reports - Rates-IB2012_032

Queensland. Department of Health

Media releases

South Australia. Department of Health

Tasmania. Department of Health & Human Services

Media release

Victoria. Department of Health

Media releases

Risk Watch Volume 9, Issue 5 (doc)

Western Australia. Department of Health

Media releases

New Zealand. Ministry of Health

19 September 2012 - Consultation on Paying Family Carers to Provide Disability Support 2012

United Kingdom. Department of Health

New programme to ensure greater local choice of care services - Today, the Department of Health launched a new programme to help provide more choice and higher quality of care and support services across the country. The Developing Care Markets for ... Read more – New programme to ensure greater local choice of care services

Australian Medical Association

19 eptem er 2012 - Alcohol Industry self-regulation has failed - Alcohol Marketing and Young People: Time for a new policy agenda - AMA President, Dr Steve Hambleton, said today that alcohol industry self-regulation has failed and called on the Government to establish a Federal Inquiry into alcohol marketing in Australia. Releasing a new AMA report – Alcohol Marketing and Young People: Time for a new policy agenda – Dr Hambleton said that alcohol marketing to young people was at an unprecedented level and was embracing new platforms, including social media, to lure teenagers and young adults into early and potentially harmful drinking patterns.

British Medical Association

18 September 2012 - EU plans threaten data security - Doctors leaders have warned MPs that changes to EU data protection rules could put existing patient ...

18 September 2012 - GMC reports record number of complaints - Doctors are more likely to face a GMC investigation because of a record rise in complaints, the regu...

18 September 2012 - Confusion and uncertainty in sexual health - With STIs on the rise and funding arrangements in flux, there is widespread anxiety about the forthc...

18 September 2012 - GP trainee becomes juniors leader - London GP trainee Ben Molyneux has been elected to lead the UK's junior doctors. Dr Molyneux w...

17 September 2012 - Cream of the crop - Teenaged success as a door-to-door dairy salesman set Alan McDevitt on an unconventional path to bec...

17 September 2012 - Public health 'panic' warning - The BMA is calling on ministers to reassure local authorities about public health spending urgently,...

14 September 2012 - DNAR case prompts BMA ethical guidance reminder - Doctors are reminded that BMA advice is available to help them make difficult ethical decisions, suc...

© DLA Piper

This publication is intended as a general overview and discussion of the subjects dealt with. It is not intended to be, and should not used as, a substitute for taking legal advice in any specific situation. DLA Piper Australia will accept no responsibility for any actions taken or not taken on the basis of this publication.

DLA Piper Australia is part of DLA Piper, a global law firm, operating through various separate and distinct legal entities. For further information, please refer to

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.