Reference is often made to the law as a barrier to the use and development of telemedicine. In New South Wales, however, it has been recognized that some of the principles behind these ‘legal impediments’ can be used to make services better and more cost-effective. The law offers a range of useful tools relating to the emergence of these new techniques. The responsibility of those in a position to regulate is, quite simply, to pick the right tool.
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References
1.
Burnett v. Kalokerinos CLS 1995 NSWSC CL 26; (Unreported) NSW Court of Appeal No. 41243/95, 30 January 1996; O'Shea v. Sullivan and Macquarie Pathology Services Pty Ltd (1994) Aust Torts Reports 81-273. Both cases involved incidents where cervical cancer went undetected. The latter case led to the production of guidelines for referrals for investigation of intermenstrual and postcoital bleeding
2.
Section 21 of the Interpretation Act 1987 (NSW) states that where any state Act uses the term ‘registered medical practitioner’ it means ‘a medical practitioner registered under the Medical Practice Act 1992 (NSW)’
3.
Part 3, Poisons and Therapeutic Goods Act 1966 (NSW); Division 3, Part 3, Poisons and Therapeutic Goods Regulation 1994 (NSW)
4.
Section 39, Births, Deaths and Marriages Registration Act 1995 (NSW)
5.
Section 21, Mental Health Act 1990 (NSW)
6.
Adopted in NSW under the Mutual Recognition (New South Wales) Act 1992 (NSW)
7.
See the recommendations in Health On Line: Report into Health Information Management and Telemedicine, House of Representatives Standing Committee on Family and Community Affairs, Parliament of the Commonwealth of Australia
8.
Competition Principles Agreement 1995
9.
Division 3, Part 4, Privacy and Personal Information Protection Act 1998 (NSW)
10.
Section 55
11.
Section 55(2)
12.
Part 3 of the Act provides for codes to be made with the approval of the Attorney General, acting on advice from the Privacy Commissioner
13.
Section 28(2)
14.
NSW Health Information Privacy Code of Practice 1998 (2nd edn), NSW Department of Health, 1998
