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HEALTH & MEDICAL CASE LAW

4. Other Health Law Cases

• RJC [2006] WASAT 279
  Guardianship and administration – Psychiatric illness – Patient discharged from involuntary status under the Mental Health Act 1996 but detained in hospital – Need for a guardian to decide accommodation and services and to consent to medical treatment – Appointment of the Public Advocate as guardian no other person suitable or willing
• Doctor guilty of illegal abortion
  In the first abortion trial in NSW in over 20 years, abortion doctor Suman Sood was today found guilty of performing an illegal abortion, but cleared her of the manslaughter of a premature baby in May 2002. (SMH, 23 August 2006)
• Positive Women (Victoria) Inc (Exemption) (Anti Discrimination) [2006] VCAT 1652
  Catchwords: Anti-discrimination - exemption - advocacy and support organisation for women with HIV/AIDS - whether full membership should be restricted to women with HIV/AIDS and associate membership should be restricted to women - Equal Opportunity Act 1995 s83.
• AB v The Attorney-General for the State of Victoria [2005] VSC 180
  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 ...
• Re Alex : Hormonal Treatment for Gender Identity Dysphoria [2004] FamCA 297
   Case of 13 year old girl with gender identity disorder who wished to undergo a transition to become male in appearance.
• Denman, Re — [2004] QSC 70
  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.
• Gardner; re BWV - [2003] VSC 173
  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" ...
• Re Patrick : (An Application Concerning Contact) [2002] FamCA 193 (5 April 2002)
   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 -
• McBain v State of Victoria [2000] FCA 1009
  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 ...
• McBain, Re; Ex parte Australian Catholic Bishops Conference [2002] HCA 16
  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 ...
• MAW v Western Sydney Area Health Service [2000] NSWSC 358
   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 ...
• Gray, Re - [2000] QSC 390
  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 ...
• Breen v Williams (1996) 186 CLR 71
  Reported at: (1996) 186 CLR 71; (1996) 138 ALR 259; (1996) 70 ALJR 772; [1996] 13 Leg Rep 11; (1996) 43 ALD 481. Case on medical records and access.
• P and P, in the matter of, Legal Aid Commission of NSW (1995) 126 FLR 245
   Reported at: (1995) 126 FLR 245; (1995) 19 Fam LR 1; (1995) FLC 92-615 Catchwords: Family law - Child welfare - Sterilisation of intellectually disabled children - Application for authorisation of sterilisation procedure.
• Health and Community Services, Department of v J W B and S M B
  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

L v Health Service Provider [2006] PrivCmrA 11 
The complainant was referred to a health service provider by their employer for a work-related medical assessment for a worker’s compensation claim. After the complainant attended the medical appointment, a medical report was provided by the health service provider to the insurance company responsible for assessment of worker’s compensation claims for the employer. (PDF)

M v Health Service Provider [2006] PrivCmrA 12
The complainant underwent a number of medical tests for sexually transmitted diseases at a health service provider. The complainant alleged that the health service provider disclosed the types of tests undertaken to the complainant’s partner. (PDF)

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