Legal Fact sheets
AMA Victoria members can access first-line legal assistance on matters of public and private professional practice, ethics and the legal obligations of doctors.
For further information, AMA Victoria members can call (03) 9280 8722.
Members can also access our legal fact sheets below.
Related Documents
- Advance care directives and medical treatment decisions Legal Fact Sheet.pdf
- This article outlines the obligations of health practitioners caring for people who do not have decision-making capacity.
- Apologies Legal Fact Sheet.pdf
- Members would be well advised to ensure that prior to making any kind of apology or statement they take advice from their medical indemnity insurer, and specifically check the form of words that they propose to use.
- Authority to Release/Transfer Medical Records Legal Fact Sheet.pdf
- Authority to Release/Transfer Medical Records
- Backdated Prescriptions Legal Fact Sheet.pdf
- This article aims to clarify the legal implications surrounding ‘owing’ or ‘backdated prescriptions’.
- Criminal Convictions and AHPRA Legal Fact Sheet.pdf
- The Health Practitioner Regulation Law 2009 (Vic) requires a medical practitioner to notify the Australian Health Practitioner Regulation Authority (AHPRA) of certain criminal convictions.
- Drugs of Dependence Legal Fact Sheet.pdf
- It is of utmost importance that Medical Practitioners be familiar with the provisions of the Drugs, Poisons and Controlled Substances Act 1981 (Act) and the Drugs, Poisons and Controlled Substances Regulations 2006 (Regulations) relating to the prescription of medicines to their patients.
- Expert Evidence: Medico-Legal Reports Legal Fact Sheet.pdf
- Medical practitioners are often requested by legal practitioners to provide an expert report for the purposes of legal proceedings.
- Expert Evidence: Service of Subpoenae Legal Fact Sheet.pdf
- Subpoena may be issued to a medical practitioner from a court or tribunal. Each court/tribunal may be subject to slightly different rules.
- Expert Evidence: Subpoenae FAQs Legal Fact Sheet.pdf
- A subpoena is a legal document that requires a person to provide documents to the court or act as a witness (or both), even though that person is not a party to the legal proceeding.
- Expert Witness Expenses.pdf
- February 2018 Data Breach Notification Fact Sheet.pdf
- Amendments to the Privacy Act 1988 (Cth) (the Act) with effect from 23 February 2018 introduce mandatory data breach notification provisions which all health service providers must comply with.
- Fitness to Drive Legal Fact Sheet.pdf
- Do DRIVERS have an obligation to inform VicRoads of any medical condition which may affect their ability to drive?
- Guidelines for Co-operation between Doctors and Lawyers booklet.pdf
- The following notes, published by the Australian Medical Association (Victoria) Ltd and the Law Institute of Victoria, are suggestions for both lawyers and doctors. It is hoped they will help both professions in relation to their dealings with personal injury law.
- IME Duty to Inform Legal Fact Sheet.pdf
- What do you do if, in the course of an independent medical examination on behalf of a third party, you discover a suspected malignant melanoma? Do you tell the examinee? What are the legal risks in informing, or not informing the examinee?
- Insurance for Practice Companies Legal Fact Sheet.pdf
- Doctors who employ healthcare professionals through a Practice entity may be held vicariously liable for the acts of those professionals. Accordingly, doctors should make sure their Practice companies have adequate indemnity arrangements.
- Jury Service Legal Fact Sheet.pdf
- Juries are an important part of our legal system. They are comprised of randomly selected citizens chosen from the electoral register. They serve as a means for lay members of our community to participate in the administration of justice.
- Leases: Tricks and Traps Fact Sheet.pdf
- AMA Victoria strongly recommends that any member seeking to enter into a lease or other arrangement with regard to property seek independent legal advice before signing any document.
- Licences Legal Fact Sheet.pdf
- A licence is an agreement in which the party granting the license (‘licensor’) bestows on the person being granted the licence (‘licensee’) permission to enter the premises for specific purposes.
- Mandatory Data Breach Notification Requirements.pdf
- Amendments to the Privacy Act 1988 (Cth) with effect from 23 February 2018 introduce mandatory data breach notification provisions which all health service providers must comply with.
- Medical Certificates Legal Fact Sheet.pdf
- Doctors may be called upon from time to time to complete various forms of medical certificates for patients.
- Medical Records Fees
- The maximum fees in this fact sheet are current up to June 30, 2021. The fees will increase each year in line with CPI under the provisions of the Health Records Regulations 2012. AMA Victoria will republish this fact sheet with each CPI increase.
- Medical Records Ownership and Transfer Fact Sheet.pdf
- In general terms, patient medical records “remain the property of the professional”. However, while the practitioner owns and controls health information, practitioners must only use and disclose patient information pursuant to the terms of the Health Records Act 2001 (Vic) (“the Health Records Act”) or the Privacy Act 1988 (Cth) (the “Privacy Act” ).
- Medical Records: Storage Retention and Destruction Fact Sheet.pdf
- Under the Privacy Act 1988 (Cth) (the “Privacy Act”) and the Health Records Act 2001 (Vic) (the “Health Records Act”), reasonable steps must be taken to protect health information from misuse and loss and from unauthorised access, interference, modification or disclosure.
- National Registration Law: Mandatory and Voluntary Notifications Legal Fact Sheet.pdf
- This fact sheet is based on the provisions of the Health Practitioner Regulation National Law (Victoria) Act 2010 (Vic) (National Law) and the ‘Guidelines for Mandatory Notifications’ published by the Medical Board of Australia.
- Notification of Death Legal Fact Sheet.pdf
- The Births, Deaths and Marriages Registration Act states: A doctor who was responsible for a person's medical care immediately before death, or who examines the body of a deceased person after death, must, within 48 hours after the death, notify the Registrar of the death and of the cause of the death . . .
- Patient Referrals Legal Fact Sheet.pdf
- For certain services provided by specialists and consultant physicians, the Medicare benefit payable is dependent on acceptable evidence that the service has been provided following referral from another practitioner.
- Police Inquiries Legal Fact Sheets.pdf
- AMA has prepared the following information to assist members in responding to Police inquiries.
- Practice Structure Legal Fact Sheet.pdf
- This factsheet outlines some of the more common structures, and is designed to assist you with considering the various options.
- Prescription Shopping Information Service Legal Fact Sheet.pdf
- The Privacy Commissioner clarifies the position of doctors in relation to the Prescription Shopping Information Service (‘PSIS’) in Information Sheet 19.
- Privacy Law FAQ Legal Fact Sheet.pdf
- This fact sheet addresses some of the frequently asked questions regarding privacy law obligations for medical practitioners and practices.
- Professional Services Review Scheme Legal Fact Sheet.pdf
- Professional Services Review (PSR) is an independent authority that examines suspected cases of inappropriate practice referred to them by the Department of Human Services’ Practitioner Review Program (PRP).
- Prohibited Pathology and DI Practices Legal Fact Sheet.pdf
- The Health Insurance Amendment (Inappropriate and Prohibited Practices and Other Measures) Act 2007 amends the Health Insurance Act 1973 (Act). The amendments prohibit inappropriate inducements to request diagnostic imaging services or pathology services.
- Restraint of Trade Legal Fact Sheet.pdf
- Restraint of trade clauses are contractual terms which expressly restrict the business activities or employment of a person following certain events, such as the termination of employment or the sale of a business.
- Sale/Closure of a Medical Practice Fact Sheet.pdf
- There are many considerations involved in closing / selling a medical practice, otherwise known as winding up. This Fact sheet briefly discusses each of the main issues.
- Selling a Medical Practice Legal Fact Sheet.pdf
- Selling your business is a significant step. To ensure the process is a successful one, some detailed planning is required.
- TAC Reports Legal Fact Sheets.pdf
- The treatment of compensable patients (particularly those covered by WorkSafe Victoria (WorkSafe) and the Transport Accident Commission (TAC) grows more complex as time goes by.
- Testamentary Capacity Legal Fact Sheet.pdf
- Testamentary capacity is the ability to draw up a valid Will and the mental capacity to understand property rights and family responsibilities.
- Treating Children and Minors Legal Fact Sheet.pdf
- In Victoria, a person who is under the age of 18 is considered a ‘minor’.1 This does not mean, however, that those under 18 cannot make their own decisions about treatment or that the treatment provided should not remain confidential.
- Treating Doctor's Report Legal Fact Sheet.pdf
- A treating doctor’s report is essentially factual. It is a record of the medical history of a patient which consists of consultations, examinations, tests, x-rays, prognosis and treatment plans.
- Using or Disclosing Genetic Information Legal Fact Sheet.pdf
- There is growing understanding of the need for genetic information to be shared with genetic relatives in some circumstances.
- Working With Children Check
- In 2006, the Victorian Government introduced a Working with Children Check (WCC) to assist in protecting children under 18 years of age from sexual or physical harm by ensuring that people who work and volunteer with children or care for them, have their suitability to do so checked by a government body.
