Legal systems

Question 1

Sources of law

Answer 1

Statute: based on acts and legislation

Common: based on precedents

!! In case of inconsistencies, statute overrides common law !!

Question 2

Coroner’s court deals with

Answer 2

• (less formal) inquests into deaths
• more concerned with establishing facts + learnings from the death (as opposed to professional negligence/misconduct)
• breaches in correctly reporting deaths and procedure compliance

Question 3

Health Complaints Commissioner deals with

Answer 3

Complaints regarding:
- Dangerous/unethical healthcare professionals
- Accessibility, quality & safety of services
- Confidentiality, complaint-handling, breaches of dignity/respect
- Provision of health resources

Both medical and allied professionals

Question 3

Australian Health Practitioner Regulation Authority (AHPRA) deals with

Answer 3

• Registration and accreditation of health practitioners and students
• Receive complaints about conduct, health and performance of registered professionals
• Enforce/impose “standards

Question 4

Victorian Coroner’s Act

Answer 4

Provides that doctors inform a coroner without delay about all sudden, unexpected or suspicious deaths

Question 5

Notifiable conduct

Answer 5

• Sexual misconduct with patients
• Practising in an intoxicated state
• Must be reported to AHPRA

Question 6

Victorian Civil & Administrative Tribunal (VCAT)

Answer 6

Medical misconduct

Question 7

Criminal court

Answer 7

Offences against state law

Question 8

Civil court

Answer 8

• Between 2 or more parties not governed by state law
• Deal with torts (battery and assaults)