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4.1 This term of reference primarily refers to the documents generated by and relating to the Allars Inquiry, which have been at the centre of contention between the Commonwealth and the recipients' legal advisers. An additional grouping of documents has been identified generally as other Departmental and CSL files and records, relevant to matters in issue in the legal proceedings. Within these two groups of documents are records and information held by the Department, and as well by doctors, hospitals and others which may be regarded as relevant to issues concerning individual recipients and their treatment, to which individual recipients have been seeking access.
7.167 The Committee considers that although it is obviously very difficult for the Department to trace unapproved recipients, resources should continue to be devoted to this task. Until tracing of both approved and unapproved recipients is complete, there will still be concerns about whether public safety has been adequately protected. Recommendation 14: The Committee recommends that the Department continue to devote resources to tracing unapproved recipients of human-derived pituitary hormones |
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Where you prescribed, without due care, anabolic steroids? A legal perspective Open Letter to the Australian Medical Profession Open Letter to the Australian Medical Profession
I wish to bring to your attention an issue that I consider to be of concern to readers of this journal. That issue is the need for authorisation from an appropriate court or tribunal prior to undertaking a sterilisation procedure on a minor unless as a by product of surgery appropriately carried out to treat malfunction or disease.
I am bringing this to your attention as a lack of awareness among some professionals may be leaving children without the protection of the law. Professionals who perform unauthorised procedures are at risk of liability.
In 1992 the High Court of Australia, in a case referred to as Marion's Case, decided that the right to consent to the sterilisation of a child is not within the ordinary scope of parents' or guardians' powers, except in limited circumstances. The High Court considered that where certain special medical procedures, including sterilisation, were to be undertaken, the decision to do so should be made by an objective, independent decision-maker. The Family Court of Australia and the Federal Magistrates Service are appropriate bodies to decide such matters.
Evidence received from the Department added to the Committee's concerns about unapproved applicants. It was stated by Mr Hughes of DHFS that there were 500 to 600 unapproved recipients.[162] When the Committee requested clarification of this information, DHFS only provided the number of unapproved recipients on its database.
Under recommendation 14 of The Allars Report, the DoH have failed to advise at least 466 males treated with hPG. You can make application to obtain your own records at VCAT.
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