Introduction

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Chapter 19
Introduction

Chapter 19 – Legal Considerations in Reproductive and Sexual Health

Topic

Introduction
Confidentiality
Consent to treatment
Conduct and boundaries
Young people
People living with an intellectual disability
Abortion
Appendices
References

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Legal issues related to reproductive and sexual health can be complex, and legislation and regulations often vary between different jurisdictions in Australia. This chapter addresses some of the more common legal issues relating to reproductive and sexual health that may be encountered in general practice and other clinical settings and presents a practical approach to these. It focuses in particular on legal issues regarding young people and those with intellectual disability, as well as legal issues related to abortion in Australia. Information provided here does not, however, substitute for legal advice. Clinicians should be familiar with the laws in their own state or territory (see Appendices) and their own organisation’s policies, and should contact their medical defence organisation for advice on specific issues. Discussing any challenging cases with a colleague within the bounds of patient confidentiality may also be useful.

The following issues are not discussed in this chapter but are covered in other chapters:

Sexual assault and domestic violence legal issues are discussed in Chapter 16: Management of Sexual Assault and Domestic Violence. Legal responsibilities pertaining to contact tracing for sexually transmissible infections and HIV are covered in Chapter 12: Sexually Transmissible Infections. The law ... Buy now

Australian Medical Association. Guidelines for Doctors on Disclosing Medical Records to Third Parties. [Internet]. AMA; 2010 Sept [cited 2019]. Available from: https://ama.com.au/article/guidelines-doctors-disclosing-medical-records-third-parties-2010.

NSW Health. Health Care Records – Documentation and Management. NSW Government; 2012.

Office of the Australian Information Commissioner. Access your health information [internet]. Sydney: Australian Government; [updated 2019 Sept 6]. Available from: https://www.oaic.gov.au/privacy/health-information/access-your-health-information/.

Medical Board of Australia. Sexual boundaries in the doctor-patient relationship [internet]. Australian Health Practitioner Regulation Agency; [updated 2020 July 20]. Available from: https://www.medicalboard.gov.au/codes-guidelines-policies/sexual-boundaries-guidelines.aspx.

Fischer C, Waling A, Kerr L, Bellamy R, Ezer P, Mikolajczak G, et al. 6th National Survey of Australian Secondary Students and Sexual Health 2018. Bundoora: Australian Research Centre in Sex, Health & Society; 2019.

Age of Consent: Issues for Youth Workers [internet]. The Shopfront – Youth Legal Centre; 2018 [updated 2018 Dec]. Available from: https://www.theshopfront.org/legal-information-for-youth-workers.

Australian Institute of Family Studies. Age of Consent Laws [internet]. Australian Government; 2021 [updated 2021 May; cited 2023 May 03]. Available from: https://aifs.gov.au/cfca/publications/age-consent-laws.

NSW Health. NSW Health Sexual Health Services: Standard operating procedures for NSW Health [internet]. Available from: https://stipu.nsw.gov.au/sop/.

NSW Health. Child wellbeing and child protection policies and procedures manual for NSW Health. NSW Government; 2013. Report No.: PD2013_007. [updated 2021 February 28] Available from: https://www1.health.nsw.gov.au/pds/ActivePDSDocuments/PD2013_007.pdf.

10.

Morgan S. Starting off in general practice: consultation skill tips for new GP registrar. Australian Family Physician (RACGP). 2014;43(9):645. Available from: https://www.racgp.org.au/afp/2014/september/starting-off-in-general-practice-consultation-skil.

11.

Bird S. Consent to medical treatment: the mature minor. Aust Fam Physician. 2011;40(3):159-60. Available from: https://www.racgp.org.au/afp/2011/march/consent-to-medical-treatment-the-mature-minor/.

12.

National Society for the Prevention of Cruelty to Children (NSPCC). Gillick competency and Fraser Guidelines [internet]. NSPCC learning. [Updated 2022 August 5]. Available from: https://learning.nspcc.org.uk/research-resources/briefings/gillick-competency-and-fraser-guidelines/.

13.

Goldenring J, Cohen E. Getting into adolescent heads Contemporary Pediatrics 1988;5:75-90. Available from: https://www.contemporarypediatrics.com/view/getting-adolescent-heads.

14.

NSW Health. Chapter 8: Minors. Consent to Medical and Healthcare Treatment Manual. Corporate Governance and Risk Management NSW Health; 2020 March 26. Available from: https://www.health.nsw.gov.au/policies/manuals/Documents/consent-section-8.pdf.

15.

Stewart C, Kerridge I, Parker M. The Australian Medico-Legal Handbook. Marrickville, NSW: Church Livingstone, Elsevier; 2008.

16.

Kelman T, Autar S. Family Court of Australia rules transgender young people no longer need to apply to the Court for surgery [Internet]. Human Rights Law Centre; 2018 [cited 2019]. Available from: https://www.hrlc.org.au/human-rights-case-summaries/2018/4/11/family-court-of-australia-confirms-surgery-for-transgender-teenagers-is-therapeutic.

17.

Davey R, Hillis C, Carnie L. Family Court of Australia clears the way for young trans people to access hormone treatment without court authorisation [Internet]. Human Rights Law Centre 2017 [cited 2019]. Available from: https://www.hrlc.org.au/human-rights-case-summaries/2017/12/20/family-court-of-australia-clears-the-way-for-young-trans-people-to-access-hormone-treatment-without-court-authorisation.

18.

NSW Kids and Families. Youth Health Resource Kit: An Essential Guide for Workers. Sydney: NSW Kids and Families; 2014. Available from: https://www.health.nsw.gov.au/kidsfamilies/youth/Pages/youth-health-resource-kit.aspx..

19.

Chown P, Kang M, Sanci L, Newnham V, Bennet DL. Adolescent Health: Enhancing the skills of General Practitioners in caring for young people from culturally diverse backgrounds, GP Resource Kit [Internet]. Sydney, NSW: NSW Centre for the Advancement of Adolescent Health and Transcultural Mental Health Centre; 2008 [cited 2019 April 9]. Available from: https://www.health.nsw.gov.au/kidsfamilies/youth/Documents/gp-resource-kit-revised-2nd-edition.pdf.

20.

Confidentiality and Privacy for Youth Workers [internet]. The Shopfront – Youth Legal Centre; 2019 [updated 2019 January]. Available from: https://www.theshopfront.org/legal-information-for-youth-workers.

21.

Confidentiality information for young people [internet]. Disability, Youth and Paediatric Health NSW Health; 2023 March 3 [cited 2023 May 3]. Available from: https://www.health.nsw.gov.au/kidsfamilies/youth/Pages/confidentiality-info-for-yp.aspx.

22.

NSW Government Prevention & Response to Violence, Abuse and Neglect. Exchanging information and coordination of services with private health professionals [internet]. NSW Government; [Updated 2018 July 31 cited 2023 May 3]. Available from: https://www.health.nsw.gov.au/parvan/childprotect/Pages/svf-info-exchange.aspx.

23.

Australian Law Reform Commission. Decision Making by and for Individuals Under the Age of 18. Australian Government; 2010 Aug 17. Available from: https://www.alrc.gov.au/publication/for-your-information-australian-privacy-law-and-practice-alrc-report-108/68-decision-making-by-and-for-individuals-under-the-age-of-18/.

24.

Australian Institute of Family Studies. Australian Legal Definitions: When is a child in need of protection? [internet]. Australian Government; 2023 February [updated 2023 February; cited 2023 May 3]. Available from: https://aifs.gov.au/cfca/publications/australian-legal-definitions-when-child-need-protection.

25.

Department of Communities and Justice. Reporting of child at risk [internet]. NSW Government; [updated 2019 September 24; cited 2023 May 3]. Available from: https://www.facs.nsw.gov.au/families/Protecting-kids/reporting-child-at-risk.

26.

NSW Government. NSW Mandatory Reporter Guide [internet]. [cited 2019 April 9]. Available from: https://reporter.childstory.nsw.gov.au/s/mrg.

27.

Department of Communities and Justice. Family Referral Services [internet]. NSW Government; [Updated 2018 August 27; cited 2019 April 9]. Available from: https://www.health.nsw.gov.au/parvan/childprotect/Pages/family-referral-services.aspx.

28.

Family Planning NSW. Love and Kisses. Taking action on the reproductive and sexual health and rights of people with disability: Family Planning NSW; 2014.

29.

Family Planning NSW. Sex and the Law: a guide for health and community workers in New South Wales. 2nd ed. Sydney, NSW: UNSW Press; 2006.

30.

Australian Guardianship and Administration Council (AGAC). Protocol for Special Medical Procedures (Sterilisation). [Internet]. AGAC; 2009 May 6. Available from: https://www.agac.org.au/assets/images/agac_sterilisation_protocal_30_mar_09.pdf.

31.

Kerridge I, Lowe M, Stewart C. Ethics and Law for the Health professions. 4th ed. Sydney, NSW: Federation Press; 2013.

32.

Children by Choice Association Incorporated. Australian abortion law and practice [internet]. Children by Choice [cited 2023 May 3]. Available from: https://www.childrenbychoice.org.au/organisational-information/legislation/australian-abortion-law-and-practice/.

33.

de Costa C, Douglas H, Hamblin J, Ramsay P, Shircore M. Abortion law across Australia: a review of nine jurisdictions. Aust N Z J Obstet Gynaecol 2015;55(2):105-11.

34.

Australian Institute of Family Studies. Reporting child abuse and neglect: Information for service providers [internet]. Australian Government; 2019 [updated 2019 June; cited 2019 April 9]. Available from: https://aifs.gov.au/cfca/publications/cfca-resource-sheet/reporting-child-abuse-and-neglect.

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Reproductive and Sexual Health Handbook

Chapter 19 – Legal Considerations in Reproductive and Sexual Health

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Introduction