covid19-law.com.au
19. Public Health
B. Health & Health Insurance
i. Legislation
Commonwealth:
Made under the National Health Security Act 2007 (Cth):
Made under the Health Insurance Act 1973 (Cth):
Victoria:
ACCC Interim Authorisation Decision on Victorian Private Healthcare COVID-19 arrangements.
New South Wales:
Mental Health Act 2007 (NSW) amended by:
Private Health Facilities Act 2007 (NSW) amended by:
Queensland:
ACCC Interim Authorisation Decision on Queensland Private Healthcare COVID-19 arrangements.
ii. Case law
This is an area of substantive law that is very likely to result in case law. As of the last update, we are not aware of any relevant decision of a superior court in this area.
B. Health & Health Insurance
i. Legislation
Commonwealth:
Made under the National Health Security Act 2007 (Cth):
- National Health Security (National Notifiable Disease List) Instrument 2018, amended by:
- National Health Security (National Notifiable Disease List) Amendment Instrument 2020: to add ‘human coronavirus with pandemic potential’ to the National Notifiable Disease List (NNDL). States and Territories are required to notify the Commonwealth of cases of diseases listed on the NNDL via the National Notifiable Disease Surveillance System (NNDSS), which is a national repository of communicable disease data used to inform public health policy and responses to outbreaks.
- National Health Security (Responsible Bodies) Determination 2008, amended by:
- National Health Security (Responsible Bodies) Amendment Determination 2020: to update the list of responsible bodies in Schedule 1.
Made under the Health Insurance Act 1973 (Cth):
- Health Insurance (Section 3C Pathology Services – COVID-19) Determination 2020 as amended from time to time.
- Health Insurance (Pathologist-determinable Services) Amendment Determination 2020.
- Health Insurance (Section 3C General Medical Services – Specialist, Consultant Physician and Consultant Psychiatrist COVID-19 Telehealth Services) Determination 2020.
- Health Insurance (Section 3C General Medical Services – GP and Allied Health COVID‑19 Services) Determination 2020.
- Health Insurance (Section 3C General Medical Services – COVID-19 Telehealth and Telephone Attendances) Determination 2020 as amended from time to time.
- E.g. the Health Insurance (Section 3C General Medical Services - COVID-19 Telehealth and Telephone Attendances) Amendment (Further Expansion of Remote Attendance Items) Determination 2020 expands the range of telehealth and phone specialist, and other health professional services, to support patient access to these attendances in a safe and timely manner. This aims to reduce the risk of COVID-19 for health professionals and for patients. From 22 May 2020, nine new items will be listed. These include services by specialist anaesthetists, dietitians and dental practitioners.
- Health Insurance Legislation Amendment (Bulk-billing Incentive) Regulations 2020.
Victoria:
ACCC Interim Authorisation Decision on Victorian Private Healthcare COVID-19 arrangements.
New South Wales:
Mental Health Act 2007 (NSW) amended by:
- COVID-19 Legislation Amendment (Emergency Measures) Act 2020 (NSW); and
- COVID-19 Legislation Amendment (Emergency Measures—Miscellaneous) Act 2020 (NSW): enables an assessment of a person detained in a mental health facility to be carried out by a medical practitioner or accredited person via audio visual link, for the purposes of determining whether the person is a mentally ill person or mentally disordered person. Assessments may be done by audio visual link only if it is necessary because of the COVID-19 pandemic and if the assessment can be effectively carried out by audio visual link.
Private Health Facilities Act 2007 (NSW) amended by:
- COVID-19 Legislation Amendment (Emergency Measures) Act 2020 (NSW); and
- COVID-19 Legislation Amendment (Emergency Measures—Miscellaneous) Act 2020 (NSW): permits the Secretary of the Ministry of Health to impose any conditions on a licence for a private health facility that the Secretary considers necessary, having regard to the COVID-19 pandemic, to protect the health and safety of the public, manage resources or ensure the provision of balanced and coordinated health services. The proposed amendment is repealed on 26 March 2021, unless the regulations prescribe a later date for the repeal, not being later than 26 March 2022. Any condition imposed by the Secretary is also revoked on the same day that the proposed amendment is repealed.
Queensland:
ACCC Interim Authorisation Decision on Queensland Private Healthcare COVID-19 arrangements.
ii. Case law
This is an area of substantive law that is very likely to result in case law. As of the last update, we are not aware of any relevant decision of a superior court in this area.
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