1988
1988.1. Informed Consent to Medical Treatment
Submitted 10 January 1988 to the Law Reform Commission of Victoria, the Australian Law Reform Commission and the New South Wales Law Reform Commission.
Published: Victorian Humanist, Feb. 1988: 3 (& March 1990).
[in response to] Discussion Paper No. 7 (Medicine, Science and the Law) of the Law Reform Commission of Victoria
In general, we consider there is a need for a Victorian Act similar to the South Australian legislation, Consent to Medical and Dental Procedures Act 1985 (SA). Such an act would legislatively reflect the community view of the importance of informed consent to medical treatment, rather than relying on common law.
The SA Act covers in appropriate general terms the three basic community needs of medical/dental treatment: that it be competent (“to prevailing medical standards”), that it be not negligent, and that the patient consents (“an informed consent”).
Victoria (and NSW), following the lead of South Australia, would assist in other States acting similarly and so achieve the desired aim of uniform Australian legislation.
Such an informed consent should be regarded as part of the medical procedure. Thus the appropriate consent procedures should be taught as part of the courses for general and specialist medical practitioners to guidelines established by the Medical Board of Victoria and the Victorian Health Department.
Such guidelines should be initially published in draft form for public discussion to ensure that the community and patient views are taken into consideration in such guidelines.
Complaints as regards informed consent would then be regarded similar[ly] to other more technical aspects of medical treatment, namely was the consent “reasonably appropriate . . . to prevailing medical standards”, i.e. as expressed by the guidelines, and was “the procedure . . . carried out in good faith and without negligence”.
Any such complaints would normally be addressed to the Victorian Medical Complaints Commission. Any legal action would normally only arise following parties to a complaint not receiving satisfaction.
As regards the nature of recording the fact that informed consent be given there is the basic need for a patient’s agreement be recorded on an official form. This is understood to be a present practice if not requirement. Whether any additional recording such as a tape of the interview or the need for a witness would be a matter covered by the guidelines established as above.
In addition responses to the individual questions were forwarded from 7 of our members: Mervyn Corner, Colin Duncan, Pos Dunn, Helen Gerstmann, May Haig, Lorna Noble and Halina Strnad.
ADDENDUM
From the Victorian Humanist, March 1990: 3.
Feedback [on] Submissions Informed Decisions – Medical Procedures (Law Reform Commission)
The Inquiry was commenced because of a lack of clarity in the law on the notion of “informed consent” to medical procedures, The study found that a significant improvement in doctor-patient communication appears necessary. Guidelines, rather than rigid statutory standards, are recommended to cover the many variables in individual cases.
These guidelines are to be (a) formulated by the National Health & Medical Research Council, (b) issued to doctors, (c) included in medical courses, (d) given to patients and self-help programs and (e) referred to in quality controls in hospitals and peer reviews. Legislation should be enacted to allow the breach of guidelines to be admissible as evidence in actions for professional negligence.
––––––––––
1988.2. Inquiry into Community Violence
Submitted 15 February 1988 to the Social Development Committee, Parliament of Victoria,
Published: Victorian Humanist, Sept. 1988: 3.
SDC’s report & recommendations
In response to our recent submissions on community violence, the Victorian Parliament’s Social Development Committee sent its report and recommendations.
These include the establishment of a Community Council Against Violence with these goals:
• the improvement of detection, sanctions and preventative measures,
• the reduction of domestic violence,
• the improvement of support services,
• a change in community attitudes and values,
• the reduction of inappropriate portrayals of actual or fictionalised violence and —
• the improvement of control of offensive weapons.
(The last two objectives are also part of the aims and policy of the Coalition For Gun Control which the HSV supported from its outset. It is encouraging to see our views shared by a major investigative body.)
Further recommendations deal with the structure, administration, powers and accountability of the proposed Council.
––––––––––
1988.3. Unemployed: Income Support
Submitted 10 April 1988 to the Minister for Social Security, Australia.
Published: Victorian Humanist, May 1988: 3 (& March 1990).
Social Security Review
At our March Discussion Group meeting we considered the Department of Social Security Review Paper No 4, prepared by Professor Bettina Cass. Those of us who were able to fully study the 300-page document were enlightened and impressed.
In a short submission to the Minister we made the following recommendations.
1. Work opportunities should be increased by restriction of overtime, job sharing, part time work, shorter hours and shift work.
2. Expansion of public and private accommodation construction should be a priority. This will provide work and urgently needed housing immediately.
3. Self-employment should be encouraged by special education and establishment finance.
4. Capital resources should be channelled into productive enterprises by sticks and carrots.
5. Until the level of unemployment is greatly reduced, immigration should be restricted to persons with required skills or definite job prospects. Family reunion programs should encompass only parents, spouses and children.
6. The payment of unemployment benefits should be conditional on a strictly enforced work test. Those who are jobless due to skill redundancy should be obliged undertake retraining. Those approaching retirement age could participate in co-operatives, in training school leavers in their particular skill, or in a similar voluntary social service.
ADDENDUM
From the Victorian Humanist, March 1990: 3.
Feedback [on] Submissions
We received reports of several inquiries to which HSV had made submissions.
Income Support for the Unemployed (Howe, Minister for Social Security) Considerable support was expressed for the provision of a wider range of training programs geared to the needs of different groups. Special groups were identified as young people, older people, women, migrants, Aboriginal people and the rural sector.
The principles and rationale of the proposed changes to the Unemployed Income Support Scheme gained approval from the majority of submissions.
––––––––––
Continue from here
1988.5. Good Citizenship Studies in Schools
Submitted, July (?) 1988, to the Chief Commissioner, Victoria Police.
Published: Victorian Humanist, July 1988: 11.
Mr Kel Glare,
The Chief Commissioner of Police,
380 William Street, Melbourne.
INTRODUCTION OF GOOD CITIZENSHIP STUDIES IN SCHOOLS. .
Dear Sir,
We write in response to your comments on the above subject as reported in The Age of 21.6.88.
The Humanist Society has recently made a number of submissions on issues related to crime such as domestic and community violence, gun control, child abuse and homicide. In each of those we stressed the value and the necessity of early stage education as a measure to prevent criminal behaviour.
Early in 1986 the Education Department presented, for public debate, a framework for Social Education. This, in our view, equates with education for citizenship. I enclose the paper and our response to it.
We agree that the rising juvenile crime rate is a very serious problem indeed. We would be grateful for information about programs used in USA, Canada and Britain which you studied during your recent trip abroad. It would be a valuable source of information for our members, many of them teachers and most of them parents. It would also be a valuable source material for a submission.
We thank you in anticipation,
Yours sincerely,
Halina Strnad, convener
Colin Duncan, subcommittee chairman.
––––––––––
1988.6. Homicide
Submitted 1 July 1988 to the Law Reform Commission of Victoria.
Published: Victorian Humanist, Aug. 1988: 3.
Reports [of] Submissions
Discussion Paper No 13, issued by the Law Reform Commission of Victoria, seeks to amend the law on homicide. Sections of this paper examine aspects of violence and the misuse of guns that our discussion group covered for submissions on “Domestic Violence” (to Dept. of Premier and Cabinet, August 1985), “Community Violence” (to Social Development Committee, Feb ’88) and “Sexual Abuse of Children” (to LRC Vic. May ’88).
We submitted our established comments and recommendations and enclosed references to support our views.
––––––––––
1988.7. Drugs, Crime and Society
Submitted 1 August 1988 to the Parliamentary Joint Committee on the National Crime Authority, Australia.
Published: Victorian Humanist, Sept. 1988: 3.
SUBMISSIONS
Drugs, Crime and Society: an inquiry by the Parliamentary Joint Committee on The National Crime Authority.
We commented only on the section dealing with the effectiveness (or otherwise) of the present policy of prohibition.
As a result of discussion we submitted that this policy is not effective, promotes corruption, crime, ill health (due to drug impurities) and maintains double standards with regard to other drugs of addiction, i.e. alcohol and tobacco.
We suggested:
• that all drug use be decriminalised, marijuana marketed and sold to adults only, special clinics to offer methadone treatment for drug abuse and rehabilitation, and that sterile syringes and needles be supplied;
• that [an] intensive educational campaign against all addictive substances be undertaken in schools and in the wider community;
• that all advertising of tobacco and alcohol be prohibited and —
• that thorough research into the social and personal causes of addiction be undertaken.
––––––––––
1988.8. Priorities for Reform in Higher Education
Submitted 1 October 1988 to the Senate Standing Committee on Employment, Education and Training, Parliament of Australia.
Published: Victorian Humanist, Nov. 1988: 4.
SUBMISSIONS
A submission was made to the Senate Standing Committee on Employments Education and Training re Priorities for Reform in Higher Education.
We agreed with the broad objective of encouraging excellence and an environment that rewards achievement. We urged that the quality of teaching be upgraded by the requirement of pedagogic qualifications and by accreditation procedures.
We argued that Reform in Scientific Training must begin at earlier stages of education, that some Science subjects should be included in the Humanities and that courses in personal communication and in Science and Social Responsibility be included into this study.
We pointed out that special selection procedures for entry to medical faculty [faculties?] operate overseas (references provided) to ensure vocational suitability of candidates. Such practice would help towards excellence in this important area.
Re Industry and Funding, we supported the proposed greater involvement of industry in higher education by nominating their requirements for types of expertise and argued that funds should be provided by industry in return.
We strongly opposed any government funding of private institutions, particularly religious colleges of tertiary education.
We urged that subsidies be available to students who are unable to meet their costs of higher education. We see this expenditure as an investment in the future productivity of that individual for the community.
––––––––––
[SUPPLEMENT] Submission Subcommittee Report
Published: Victorian Humanist, Nov. 1988: 4.
In 1983 the HSV made a number of submissions based on the combined wisdom of members who attended and contributed to discussions on each subject. They were:
• Informed Consent to Medical Treatment to the combined law reform commissions of Australia, Victoria and New South Wales,
• Inquiry into Community Violence to the Social Development Committee, Parliament of Victoria.
• Unemployed: Income Support to the Federal Minister for Social Security.
• Sexual Offences Against Children and
• Homicide [both] to the Victorian Law Reform Commission.
• Drugs, Crime & Society to the Joint Committee on Crime Authority, Parliament of Australia.
• Reform in Higher Education to the Standing Committee on Employment, Education and Training, Parliament of Australia.
• Community Involvement of the Retired to the Standing Committee on Community Affairs, Australian House of Representatives
We look forward to more discussing, learning and lobbying in 1989.
Colin Duncan, chairman,
Halina Strnad, convener.
In the pipeline, a submission on Community Involvement of Retired Persons to the Standing Committee on Community Affairs of the Australian House of Representatives.
––––––––––
[End of 1988]
