26 - Other legislation relevant to medical practice

Summary

The bulk of state and Commonwealth legislation that is of most direct and frequent relevance to medical practice has been addressed in previous chapters. The differences between the jurisdictions are more often in detail than in principle. This final chapter summarises some further legislation that may involve practising doctors and is written mainly to highlight the principles involved in these Acts. Doctors wishing to seek more detailed advice concerning their responsibilities under the legislation should consult the department or statutory body established to administer the relevant Act. These additional legal responsibilities emphasise that the community places great trust in the professionalism of doctors in such roles as:

• the provision of objective reports and certificates in relation to disabilities, injuries and accidents

• the notification of authorities where individuals or the community are at risk

• assisting in the care and protection of the disabled

• exercising a public role as a person of independence and reliability

• meeting specific obligations as laid down in other Acts of Parliament.

Failure by a doctor to fulfil these responsibilities will diminish the community's trust in the medical profession and may lead to censure of a doctor by a medical board. In some instances, doctors may face fines or even terms of imprisonment for failing to meet these responsibilities without adequate cause.

SOCIAL SECURITY LEGISLATION

Under social security legislation, people with illness or injury leading to temporary or permanent disability with incapacity to work are entitled to social security income in the form of sickness benefits, a disability support pension (DSP) or other payments.