​19. Public Health

C. Medicine & Midwifery

i.  Legislation

​Commonwealth:
Made under the Medical Indemnity Act 2002 (Cth):

• Medical Indemnity Rules 2020 amended by:
  • Medical and Midwife Indemnity Legislation Amendment (Eligible Run‑off Claims) Rules 2020: amends existing medical and midwife indemnity legislation to introduce a temporary exemption under the Run-off Cover Scheme (ROCS) during the COVID-19 pandemic. The exemption will enable non-practising doctors and eligible midwives to return to practice and temporarily assist during the pandemic without losing their eligibility under the ROCS for prior practice. It will also introduce mirror provisions within new delegated legislation to commence on 1 July 2020, to ensure there is continuity in these arrangements.
• Medical Indemnity Regulations 2003 amended by:
  • Medical Indemnity Amendment (Eligible Run‑off Claims) Regulations 2020: amends the above instrument to introduce a temporary exemption under the ROCS during the COVID-19 pandemic. The exemption will enable non-practising doctors to return to practice and temporarily assist during the pandemic without losing their eligibility under the ROCS for prior practice.
  • Note: these Regulations will be repealed on 1 July 2020 and will be replaced by the Medical Indemnity Regulations 2020.

 
Made under the Midwife Professional Indemnity (Commonwealth Contribution) Scheme Act 2010 (Cth):

• Midwife Professional Indemnity (Commonwealth Contribution) Scheme Rules 2010, amended by:
  • Medical and Midwife Indemnity Legislation Amendment (Eligible Run‑off Claims) Rules 2020: amends existing medical and midwife indemnity legislation to introduce a temporary exemption under the ROCS during the COVID-19 pandemic. The exemption will enable non-practising doctors and eligible midwives to return to practice and temporarily assist during the pandemic without losing their eligibility under the ROCS for prior practice. It will also introduce mirror provisions within new delegated legislation to commence on 1 July 2020, to ensure there is continuity in these arrangements.

Victoria:
Safe Patient Care (Nurse to Patient and Midwife to Patient Ratios) Act 2015 (Vic) amended by the COVID-19 Omnibus (Emergency Measures) Act 2020 (Vic).

New South Wales:
Human Tissue Act 1983 (NSW) amended by the COVID-19 Legislation Amendment (Emergency Measures—Miscellaneous) Act 2020​ (NSW): Item [1] of the amendments permits any test, analysis, investigation or research required in response to the risks to public health arising from COVID-19 to be carried out, with the approval of the Secretary of the Ministry of Health, on tissue that has been lawfully removed from a person without requiring the person’s consent to the use of the tissue for that purpose. Item [2] provides that use of tissue other than blood or blood products for that purpose ceases to be authorised on the earliest possible day that a vaccine for COVID-19 is generally available. Item [2] also provides that information relating to a test, analysis, investigation or research must not be published in a generally available publication if it could reasonably be expected to identify any person the subject of the test, analysis, investigation or research.

Queensland:
Made under the Hospital and Health Boards Act 2011 (Qld):

• Hospital and Health Boards Regulation 2012 amended by the Public Health (COVID-19) and Other Legislation Amendment Regulation 2020.

 
Made under the Public Health Act 2005 (Qld):

• Point of Care Serology Tests Direction: A person must not use a point of care serological (blood) test (including an assay, test or device) to detect or diagnose COVID-19 unless certain conditions apply.

 
South Australia:
Made under the Emergency Management Act 2004 (SA):

• Emergency Management (Reporting on COVID-19 Testing No 2) Direction 2020.
• Emergency Management (Prohibition of Point of Care Serology Tests) (COVID-19) Direction 2020.
• Emergency Management (Appropriate Surgery During COVID-19 Pandemic No 4) Direction 2020, revoked by the Emergency Management (Appropriate Surgery During COVID-19 Pandemic No 4) (Revocation) Direction 2020.

Western Australia:
Mandatory Testing (Infectious Diseases) Act 2014 (WA) amended by the Mandatory Testing (Infectious Diseases) Amendment (COVID-19 Response) Act 2020 (WA).

Made under the Public Health Act 2016 (WA):

• COVID-19 Testing Directions.
  • Approval to conduct COVID-19 PCR testing on people receiving medical treatment from Indian Ocean Territories
  • Approval to conduct COVID-19 testing people isolated or quarantined
  • Approval to conduct COVID-19 PCR testing before proceeding with organ donation or organ transplantation
  • Approval to conduct COVID-19 PCR testing at point of care in remote clinics
  • Approval Testing Mauritian Repatriation
  • Revocation of Approval COVID-19 testing on patients undergoing aerodigestive procedures
• COVID Testing Reporting Directions.
• Mental Health Infection Control Direction.
• Prohibition on the use of Point of Care Serology Tests Directions.

Northern Territory:
Made under Medical Services Act 1982 (NT):

• Revocation of Determination of Fees and Charges for Medical Services.

 
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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