Test Bank For Law and Ethics for Health Practitioners, 2nd Edition by Sonia Allan Chapter 1-20

Test Bank For Law and Ethics for Health Practitioners, 2nd Edition by Sonia Allan Chapter 1-20 Chapter 1: Introduction to the Australian legal system 1.

In Australia, the law plays a fundamental role in the provision of health care.

A

It determines the structure and operation of the Australian health system.

B

It governs the delivery of healthcare services.

C

It establishes the rights and obligations of health practitioners and recipients of care.

D

All are correct.

ANS: D 2.

Law may be derived from many sources but in Australia there are two fundamental sources of law. These are: A

codes of practice and legislation

B

legislation and case law

C

common law and guidelines

D

ordinances and by-laws

ANS: B 3.

The Constitution provides that legislative powers are divided between the Commonwealth and the states. The Commonwealth powers are set out in which sections of the Constitution?

A

Sections 50 and 51

B

Sections 51 and 52

C

Sections 52 and 53

D

Sections 53 and 54

ANS: B 4.

Legislation includes: A

statutes and delegated legislation

B

common law and delegated legislation

C

statutes and common law

D

none of the above

ANS: A5.

In common law systems, judges make law when:

A

there is no legislation on a matter

B

there is a need to clarify what legislation means

C

there is a disagreement in parliament

D

there is no legislation on a matter and there is a need to clarify what legislation means

E

there is a need to clarify what legislation means and there is a disagreement in parliament

ANS: D 6.

Courts of Australia are set up in a hierarchy. Once a superior court makes a decision in relation to a particular set of facts in a particular jurisdiction (state/territory), it sets a precedent that must be followed in all similar cases, by: A

lower courts in the same jurisdiction

B

lower courts in all jurisdictions in Australia

C

all courts in the same jurisdiction

D

all courts in all jurisdictions in Australia

ANS: A 7.

The court process in Australia is generally: A

adversarial

B

inquisitorial

C

belligerent

D

maleficent

ANS: A 8.

Choose all correct statements about the court process and natural justice.

A

Proceedings must be conducted fairly, impartially and without prejudice.

B

A person against whom accusations are made must have a clear statement of the actual charge, adequate time to prepare an argument or submission and the right to be heard on all allegations.

C

There must be an opportunity to show why adverse action should not be taken.

D

There must be a decision maker whose mind is open to persuasion and free from bias.

ANS: A, B, C, D 9.

To find a person guilty (in criminal cases) or liable in civil cases the requisite burden of proof must be met. Choose the two correct statements.

A

In civil proceedings, liability will only be allocated if all of the elements of the action are proven ‘beyond a reasonable doubt’.

B

In criminal proceedings, a finding of guilt must be found to be ‘beyond a reasonable doubt’.

C

In criminal proceedings, a finding of guilt must be found to be ‘on the balance of probabilities’.

D

In civil proceedings, liability will only be allocated if all of the elements of the action are proven ‘on the balance of probabilities’.

ANS: B, D 10.

Choose all correct statements regarding alternative dispute resolution (ADR).

A

ADR may be used in the civil jurisdiction to assist the parties before or after the commencement of legal proceedings to negotiate and resolve their dispute.

B

ADR may improve access to justice but increases costs.

C

ADR may improve access to justice and reduces costs.

D

Mediation is a type of ADR in which the parties to a dispute are assisted by a neutral third party to identify the issues, develop options and consider alternatives, and endeavour to reach an agreement.

ANS: A, C, D

11.

ANS: A

What are the three categories of powers in the Australian federal system of governance?

A

Exclusive, Concurrent, Residual

B

Legislative, Executive, Judicial

C

Federal, State, Local

D

Constitutional, Statutory, Regulatory

12.

The doctrine of the separation of powers separates the government into which three branches?

A

Exclusive, Concurrent, Residual

B

Legislative, Executive, Judicial

C

Federal, State, Local

D

Constitutional, Statutory, Regulatory

ANS: B

13.

What is the purpose of the ‘separation of powers’ in the Australian system of governance?

A

To prevent abuse of power

B

To provide for a fair and just system of government

C

To include ‘checks and balances’

D

All of the above

ANS: D

14.

What happens when there is an inconsistency between a state law and a Commonwealth law?

A The state law applies.

B The Commonwealth law applies.

C Both laws apply.

D Neither law applies.

ANS: B 15.

What are three common law rules of statutory interpretation?

A The literal rule, the purpose rule, the golden rule B The literal rule, the context rule, the golden rule C The literal rule, the purpose rule, the context rule D The purpose rule, the golden rule, the context rule

ANS: C

Chapter 2: Introduction to the Australian health system 1.

Universal health care means all people have: A

access to all health services (including prevention, promotion, treatment, rehabilitation and palliation) of high quality while ensuring that the use of these services does not expose the user to financial hardship

B

access to, at a minimum, essential health services (including prevention, promotion, treatment, rehabilitation and palliation) of sufficient quality to be effective, while ensuring that the use of these services does not expose the user to financial hardship

C

access to essential health services (including prevention, promotion, treatment, rehabilitation and palliation) of high quality while ensuring that the use of these services does not expose the user to financial hardship

D

access to all health services (including prevention, promotion, treatment, rehabilitation and palliation) of sufficient quality while ensuring that the use of these services does not expose the user to financial hardship.

ANS: B 2.

TRUE/FALSE The Australian health system is a universal healthcare system that involves a mixture of publicand private-sector health-service providers and a range of funding and regulatory mechanisms.

ANS: T 3.

Match the entity with its role in relation to Australia’s health system. a

the Australian government

A

primarily responsible for the delivery and management of public health services and for maintaining direct relationships with most health practitioners, including regulation of health practitioners and private hospitals

b

private practitioners; not for profit; for profit entities

B

primary role of developing broad national policies, regulation and funding

c

state and territory and local governments

C

delivery of health services (includes but is not limited to general practitioners, specialists and consultant physicians)

ANS: a B, b C, c A

4.

The Australian government’s funding includes which three major national subsidy schemes that enable access to essential health services and medicines?

A

Medicare, the Pharmaceuticals Benefits Scheme, 40% private health insurance rebate

B

Medicare, the Pharmaceuticals Benefits Scheme, 30% private health insurance rebate

C

Medibank, the Pharmaceuticals Benefits Scheme, 40% private health insurance rebate

D

Medibank, the Pharmaceuticals Benefits Scheme, 30% private health insurance rebate

ANS: B 5.

Choose the two correct answers. The Pharmaceutical Benefits Scheme (PBS) is a Commonwealth-funded scheme that: A

allows the Australian population access to a large range of prescription drugs at low cost, as a result of compulsory private insurance

B

allows the Australian population access to a large range of prescription drugs at low cost, as a result of government subsidisation

C

allows the Australian population access to all medicines at low cost, as a result of government subsidisation

D

provides funding for public hospitals for certain high-cost drugs (for example, immunesuppressants used in patients receiving organ transplantation)

ANS: B, D 6.

Choose all correct answers.

A

Medicare is a compulsory scheme regulated through the state and Commonwealth governments.

B

Medicare is funded through a mix of general revenue and an income tax surcharge known as the ‘Medicare levy’.

C

Low-income earners do not pay the Medicare levy, or pay a reduced amount, dependent on their income level.

D

Medicare is a compulsory scheme regulated through the Commonwealth government.

E

Access to health care is facilitated via Medicare in two main ways: benefits to people for out-of-hospital medical services and guaranteed free treatment of public patients in public hospitals.

ANS: B, C, D, E 7.

The government’s ‘Lifetime Health Cover’ (LHC) initiative affects the rebate available to people for private health insurance. Choose the correct statements.

A

LHC aims to encourage people to get hospital insurance and to keep it.

B

If a person takes out hospital cover after age 30, their base premium will be 2% more for each year they are over the age of 30 up to a maximum of 70%.

C

LHC loading lasts a lifetime.

D

LHC loading ceases once a person has had private hospital cover for 10 continuous years.

ANS: A, B, D 8.

Local governments play an important role in the health system. Choose all the services that local councils generally provide.

A

Environmental health services (such as waste disposal, sanitation, food safety, pool safety)

B

Community-based health and home-care services (such as immunisation and maternal child health programs)

C

Basic dental services for children and teens

D

Ambulance and emergency services

ANS: A, B 9.

TRUE/FALSE The Commonwealth monitors compliance by health providers with Medicare, the Pharmaceutical Benefits Scheme (PBS), Child Dental Benefits Schedule (CDBS) and Health Provider incentive programs. Such monitoring includes checking for any wrongdoing, such as fraud; misconduct; incorrect and/or inappropriate billing.

ANS: T 10.

Choose all correct statements concerning Australia’s current health system.

A

Medicare does not cover many important services, such as dental services for most adults, some allied health services, and ambulance services.

B

The dual system of Medicare and private insurance provides equitable access to all health services for all people.

C

There are long waiting lists for public hospital treatment and long waiting times for emergency services.

D

Australia’s health system means all people in Australia are healthy and are getting the health services they need.

ANS: A, C

11.

What is the National Disability Insurance Scheme (NDIS)?

A

A healthcare program for all Australians

B

An insurance scheme that funds support for people with permanent and significant disability aged under 65

C

A retirement plan for Australians aged over 65

D

A healthcare program specifically for Aboriginal and Torres Strait Islanders

ANS: B 12.

What are the types of formal aged care services funded and regulated by the Commonwealth government?

A

Home support, home care, residential care

B

Medicare, PBS, private health insurance rebate

C

Disability services, specialist palliative care

D

All of the above

ANS: A 13.

What are the three guiding principles of the Australian Charter of Healthcare Rights?

A

Everyone has the right to be able to access health care, the Australian Government commits to international agreements about human rights, Australia acknowledges and respects cultural differences

B

Everyone has the right to privacy, the Australian Government commits to international agreements about human rights, Australia acknowledges and respects cultural differences

C

Everyone has the right to be able to access health care, the Australian Government commits to domestic agreements about human rights, Australia acknowledges and respects cultural differences

D

Everyone has the right to privacy, the Australian Government commits to domestic agreements about human rights, Australia acknowledges and respects cultural differences

ANS: A 14.

What are the seven key rights within the Australian Charter of Healthcare Rights?

A

Access, safety, respect, partnership, information, privacy, give feedback

B

Access, safety, respect, partnership, information, privacy, receive feedback

C

Access, safety, respect, partnership, information, confidentiality, give feedback

D

Access, safety, respect, partnership, information, confidentiality, receive feedback

ANS: A 15.

Which sector accounts for a large portion of expenditure on dental services, private hospitals, aids and appliances, medications for which no government benefit has been paid, and other health practitioner services?

A

Federal government

B

State and territory governments

C

Non-government sources (e.g. insurance premiums, private funds)

D

All of the above

ANS: C

Chapter 3: The regulation of health practitioners 1.

Regulation of health practitioners in Australia includes: A

regulation of 15 health professions pursuant to the National Registration and Accreditation Scheme (‘registered’ health practitioners)

B

regulation of other health practitioners who are not regulated by the above scheme (for example, speech therapists, nutritionists)

C

regulation of 15 health professions pursuant to the National Registration and Accreditation Scheme (‘registered’ health practitioners) and regulation of other health practitioners who are not regulated by the above scheme (for example, speech therapists, nutritionists)

D

none of the above

ANS: C 2.

TRUE/FALSE Regulation of health practitioners includes all of: •

legislative provisions

•

case law

•

guidelines

•

codes of practice

•

ethical codes

•

self-regulatory schemes

•

systems for complaints

•

modes of addressing conduct that falls short of expected standards.

ANS: T 3.

In relation to registration, National Boards (pursuant to the National Law) are responsible for: A

registering ‘suitably qualified and competent persons’

B

imposing conditions on registration

C

keeping up-to-date national registers of health practitioners and students (which Ahpra)

D

all of the above

ANS: D 4.

Who develops and/or approves professional standards, codes and guidelines for registered health practitioners?

A

The federal Minister for Health

B

The Australian Health Practitioner Regulation Agency (Ahpra)

C

The National Boards (respectively)

D

The relevant professional association for each professional area

ANS: C 5.

In relation to conduct, National Boards may also be responsible for which of the following?

Choose all correct answers.

A

Overseeing the management of health practitioners and students

B

Establishing panels to conduct hearings about health, performance and/or professional standards

C

Overseeing the receipt, assessment and investigations of notifications made about students and registered health practitioners

D

Overseeing the assessment and suitability of overseas-trained applicants for registration in Australia

ANS: A, B, C, D 6.

How many types of registration are there?

A

4

B

3

C

5

D

6

ANS: D 7.

Match each phrase concerning conduct to its definition (as defined under the National Law). a

Satisfactory professional conduct

A

The knowledge, skill or judgment possessed, or care exercised by the practitioner in the practice of the health profession is ‘below the standard reasonably expected of a health practitioner of an equivalent level of training or experience’.

b

Unsatisfactory professional performance

B

Conduct that is of a lesser standard than that which might reasonably be expected of the health practitioner by the public or the practitioner’s professional peers.

c

Unprofessional conduct

C

Conduct of the type above which falls so far below the expected standard that suspension or deregistration could be warranted to protect the public.

d

Professional misconduct

D

Involves due exercise of skill, judgment and care.

ANS: a D, b A, c B, d C 8.

The Health Practitioner Regulation National Law requires registered non-treating health practitioners to report conduct of another health practitioner to Ahpra if they have formed a reasonable belief that the health practitioner of concern has: A

practised their profession while intoxicated by alcohol or drugs

B

engaged in sexual misconduct in connection with the practice of their profession

C

placed the public at risk of substantial harm in the practice of their profession because the practitioner has an impairment

D

placed the public at risk of harm because the practitioner has practised the profession in a way that constitutes a significant departure from accepted professional standards

E

done any or all of the above

ANS: E 9.

Which two states/territories have different complaints handling schemes from other states/territories of Australia regarding registered health professionals?

A

South Australia and New South Wales

B

Queensland and New South Wales

C

Western Australia and Queensland

D

Tasmania and the Australian Capital Territory

ANS: B 10.

Health practitioners who are not regulated by the National Law are regulated via a combination of: A

professional self-regulation, state-based codes and healthcare complaints systems

B

state-based codes and healthcare complaints systems

C

professional self-regulation and healthcare complaints systems

D

none of the above

ANS: A 11.

What are the requirements for General Registration of health practitioners?

A

Graduation from a board-approved, accredited program of study in the profession and completion of any required period of supervised practice or internship

B

Approval from the Ministerial Council

C

Holding qualifications in the profession and being required to sit an examination or assessment to qualify for general or specialist registration

D

Being enrolled in an ‘approved program of study’ for a health profession

ANS: A 12.

What is the purpose of the Student Register in the National Scheme?

A

To track the academic results and progression of a student

B

To promote public health and safety by enabling Ahpra and the National Boards to act on notifications of student impairment and in circumstances in which a student is convicted of an offence that may impact on the safety of the public

C

To provide a list of all students enrolled in an ‘approved program of study’ for a health profession

D

To provide a publicly available list of all registered students

ANS: B

13.

ANS: C

Which of the following statements is true regarding the Continuing Professional Development Registration Standard?

A

It is optional for all health practitioners.

B

The number of hours and type of activities required are the same for all professions.

C

Health practitioners must check with their respective boards for specific requirements.

D

A continuing professional development portfolio is not required for any health practitioner.

14.

What does a professional board consider when determining the relevance of a registrant’s criminal history to their health practice?

A

Only the nature and gravity of the offence

B

The sentence imposed and the current decriminalisation status of the conduct

C

The likelihood of future threat to a patient only

D

A range of factors including the nature of the offence and the health practitioner’s subsequent behaviour

ANS: D

!5.

Which standard requires English language proficiency to be demonstrated through completing a Certificate IV in Aboriginal and/or Torres Strait Islander Primary Health Care Practice?

A

The common standard for 10 professions

B

The standard for dental practitioners

C

The standard for Aboriginal and Torres Strait Islander health practitioners

D

The standard for medical practitioners

ANS: C

Chapter 4: Introduction to ethics and key ethical frameworks 1.

Ethics is concerned with: A

understanding what is right and what is wrong

B

thinking about how we should treat other people

C

recognising our responsibilities and obligations

D

identifying what we value in life

E

all of the above

ANS: E

2.

What are the four general subject areas of ethical enquiries?

A

Metaethics, normative ethics, bioethics and applied ethics

B

Metaethics, normo-ethics, applied ethics and biological ethics

C

Normative ethics, applied ethics, bioethics and microethics

D

Microethics, applied ethics, normo-ethics and bioethics

ANS: A

3.

ANS: B

What is the focus of bioethics in the health sciences?

A

Examining personal moral values

B

Focusing on formal decision-making processes regarding issues that require moral judgment

C

Evaluating the basis for judgments intentionally and critically

D

All of the above

4.

Match each discipline with its focus: a

Normative ethics

A

investigates where ethical principles come from and what they mean

b

Applied ethics

B

asks what people should do when trying to arrive at moral standards or principles that regulate right and wrong conduct and develops theories to justify such norms; concerned with how things ought to be, how to value them, which things are good, and what actions are right or wrong, acceptable or unacceptable (cf. constative claims)

c

Metaethics

C

involves examining specific controversial issues, such as abortion, euthanasia, organ donation and more; uses conceptual underpinnings and tools of metaethics and normative ethics to focus upon what should or should not be done in such contexts and why; emphasis on reasoned decision making and deriving universal norms and codes of conduct

d

Bioethics

D

involves the examination of ethics in relation to the life sciences and health care

ANS: a B, b C, c A, d D

5.

TRUE/FALSE Ethics is not concerned with examining personal moral values but rather requires us to focus upon formal decision-making processes regarding issues that require moral judgment so that we can intentionally and critically evaluate the basis for judgments, find reasons that support one decision over another, and apply similar reasoning in future situations.

ANS: T

6.

Match the name of each framework for ethical analysis, moral reasoning and decision making with its definition. a

Consequentialism

A

requires examination of the duties and responsibilities of the person performing the action, and/or the rights of persons affected by that action

b

Virtue ethics

B

identifies four core principles that should form the basis of ethical decision making: respect for autonomy; beneficence; nonmaleficence; justice

c

Deontology

C

claims that an action is right or wrong depending upon the outcomes of the action

d

Principalism

D

focuses on the character and intentions of the person making the decision as the central tenet of decision making, and what kind of person we are and should be

ANS: a C, b D, c A, d B 7.

ANS: D

The best-known consequentialist theory is: A

deontology, which emphasises duties and obligations that lead us to the outcome that is right

B

totalitarianism, which seeks to mobilise entire populations in support of an official state ideology and is intolerant of activities that are not directed towards the goals of the state

C

socialism, which advocates that the means of production, distribution and exchange should be owned or regulated by the community as a whole

D

utilitarianism, which links consequences with creating the most benefit, welfare or happiness and emphasises the greatest good for the greatest number

8.

TRUE/FALSE Using a deontological approach, we may define the broad duties of health practitioners as including: a

a duty to tell the truth

b

a duty to act with maleficence

c

a duty to act for the benefit of a client

d

a duty to limit the autonomous choices of patients

e

a duty to obtain informed consent

f

a duty to protect patient confidentiality

ANS: a T, b F, c T, d F, e T, f T

9.

In virtue ethics, a question about the right thing to do is answered by considering: A

what the religion tells us holy people would do

B

what a virologist would do

C

what a vainglorious person would do

D

what a good person would do

ANS: D 10.

Match each principle with its definition. a

Beneficence

A

avoids the causation of harm; the health practitioner should not harm the patient (or the harm should not be disproportionate to the benefits of treatment)

b

Non-maleficence

B

respects the decision-making capacities of autonomous persons; enabling individuals to make reasoned informed choices and emphasising self-determination

c

Justice

C

promotes good; the health practitioner should act in a way that benefits the patient

d

Respect for autonomy

D

requires that patients in similar positions should be treated in a similar manner

ANS: a C, b A, c D, d B 11.

TRUE/FALSE

Every situation a health practitioner faces requires having to stop to engage in detailed ethical analysis.

ANS: F 12.

What is casuistry in the context of healthcare ethics?

A

A method that applies previous cases during ethical reasoning

B

An approach that focuses on personal identity through story

C

A normative ethical theory that emphasises the importance of interpersonal relationships

D

A method that relies on principles to highlight moral actions

ANS: A 13.

What is the main focus of narrative ethics in healthcare settings?

A

Applying previous cases during ethical reasoning

B

Acquiring insight into a patient’s story and understanding reasons for any ethical conflict

C

Maintaining and promoting the wellbeing of caregivers and care-receivers

D

Emphasising the importance of caring motivation, emotion and the body in moral deliberation

ANS: B 14.

What is the purpose of a ‘code of ethics’?

A

To challenge ethical behaviour

B

To serve as a guide for behaviour where there are morally challenging issues

C

To enforce the law in relation to ethical issues

D

To provide a legal framework for acting ethically

ANS: B 15.

What is an ethical dilemma?

A

A situation where a person stands under two opposing ethical requirements

B

A situation where there is no ambiguity in relation to a particular decision or action

C

A situation where a person’s values collide with what they may be asked to do

D

A situation where every alternative is morally right

ANS: A Chapter 5: Key components of ethical reasoning and decision making

1.

When faced with a difficult ethical dilemma in health care it is useful to approach the problem by way of following several steps which will assist clear, consistent and reasoned decision making. Match the following steps in the order involved in making a reasoned ethical decision. a

Step 1

A

Gather any relevant facts regarding the situation.

b

Step 2

B

Identify the options in the case (including whether there are legal requirements that must be followed).

c

Step 3

C

Identify your personal reaction to the case.

d

Step 4

D

Identify the values at stake in the scenario.

e

Step 5

E

Consider whether the ethical problem could have been prevented (for future action).

f

Step 6

F

Identify what the ethical issue is (or issues are).

g

Step 7

G

Consider what you should do and relevant justifications for doing so (i.e. why).

ANS: a F, b C, c A, d D, e B, f G, g E 2.

What is ethical sensitivity in the context of health care?

A

The ability to make quick decisions in response to ethical issues

B

The willingness to actively engage with ethical issues and advocate for ethical solutions

C

The awareness of ethical implications that instil values into health practitioners’ thinking and actions

D

The ability to ignore ethical concerns when they are challenging

ANS: C 3.

What are the three essential attributes of ethical sensitivity as proposed by Weaver, Morse and Mitcham?

A

Perception, affectivity and divided loyalties

B

Courage, honesty and responsibility

C

Reactivity, proactivity and adaptability

D

Empathy, compassion and loyalty

ANS: A 4.

What is ethical courage in the context of health care?

A

The ability to make quick decisions in response to ethical issues

B

The willingness to actively engage with ethical issues and advocate for ethical solutions

C

The awareness of ethical implications that instil values into health practitioners’ thinking and actions

D

The ability to ignore ethical concerns when they are challenging

ANS: B 5.

What is the difference between reactive and proactive ethical practice?

A

Reactive practice involves making quick decisions under pressure, while proactive practice involves guiding day-to-day practice to avoid unethical behaviours.

B

Reactive practice involves guiding day-to-day practice to avoid unethical behaviours, while proactive practice involves making quick decisions under pressure.

C

Reactive practice involves ignoring ethical concerns, while proactive practice involves actively engaging with ethical issues.

D

Reactive practice involves actively engaging with ethical issues, while proactive practice involves ignoring ethical concerns.

ANS: A 6.

What is one way that healthcare teams can adopt proactive ethical approaches?

A

By making quick decisions in response to ethical issues

B

By communicating with and about patients in an accurate and respectful manner

C

By ignoring ethical concerns when they are challenging

D

By making decisions based solely on their technical skills

ANS: B 7.

What is the main focus of consequentialism?

A

The consequences of actions

B

The moral duty or obligation

C

The character of the moral agent

D

The analysis and comparison of individual cases

ANS: A

8.

What does deontology primarily rely on to discern the moral course of action?

A

The consequences of actions

B

The moral duty or obligation

C

The character of the moral agent

D

The analysis and comparison of individual cases

ANS: B 9.

What is the focus of virtue ethics?

A

The consequences of actions

B

The moral duty or obligation

C

The character of the moral agent

D

The analysis and comparison of individual cases

ANS: C 10.

What does a casuistry approach to decision making in healthcare primarily involve?

A

The consequences of actions

B

The moral duty or obligation

C

The character of the moral agent

D

The analysis and comparison of individual cases

ANS: D 11.

ANS: C

In a principles-based approach, how can the principle of non-maleficence be applied?

A

By respecting the patient’s right to make informed and voluntary decisions about their own health care

B

By acting in the best interests of the patient and promoting their wellbeing

C

By avoiding causing harm or suffering to the patient or others

D

By treating the patient fairly and equitably

12.

In the context of narrative ethics, which of the following is a key consideration?

A

The patient’s significant relationships and networks

B

The patient’s life story, including past, present and future stories

C

The knowledge, skills and resources required to meet the patient’s needs

D

The barriers that must be addressed to improve quality of care

ANS: B 13.

In an ethics of care approach, what is a primary focus?

A

The patient’s life story, including past, present and future stories

B

The patient’s significant relationships and networks

C

The knowledge, skills and resources required to meet the patient’s needs

D

The barriers that must be addressed to improve quality of care

ANS: B 14.

Which statement best reflects the difference in ethical decision making between early-career and experienced health practitioners?

A

Early-career practitioners have more practical experience in applying ethical education to real-life situations.

B

Experienced practitioners may lack the latest ethical education but have practical experience in real-life situations.

C

Both early-career and experienced practitioners have equal levels of ethical education and practical experience.

D

Experienced practitioners rely solely on ethical committees, while early-career practitioners do not.

ANS: B 15.

ANS: B

Reflective practice is important for ethical decision making because it allows health practitioners to: A

avoid facing any ethical dilemmas in their practice

B

critically analyse and learn from their experiences to improve future decision making

C

rely on their emotions rather than critical thinking when making decisions

D

transfer the responsibility of decision making to more experienced colleagues

Chapter 6: Contemporary Ethical Issues in Health Care, Collaboration, Leadership and Self-Care 1.

What influence might religion have upon providing informed consent to health care?

A

The patient’s lack of understanding of medical terms

B

The patient refusing a life-saving treatment based on their beliefs

C

The patient not being able to understand the risks and benefits of treatment

D

The patient not signing the consent form

ANS: B 2.

What defines the appropriate and ethical relationship between a health practitioner and a patient?

A

Professional boundaries

B

Personal relationships and attraction

C

Family relationships

D

Financial interest

ANS: A 3.

What ethical challenge in relation to patient privacy and confidentiality must health practitioners be aware of when handling patient data?

A

Sharing patient information with third parties

B

Losing patient records

C

Misinterpreting patient data

D

Not having enough patient data

ANS: A 4.

ANS: A

What is the most ethical approach to take when allocating scarce resources in health care?

A

Prioritising patients based on their medical condition, prognosis and preferences

B

Giving all resources to the first patient who arrives

C

Allocating resources based on a patient’s ability to pay

D

Using all resources on one patient

5.

What is required when health practitioners must communicate sensitive or unpleasant information to patients?

A

Honesty, compassion, empathy and respect

B

A loud voice, clear language and direct eye contact

C

A written document, a translator and a witness

D

A formal setting, a rehearsed speech and a recording device

ANS: A 6.

What is required when health practitioners must accommodate the diverse religious, spiritual and cultural beliefs of patients?

A

Cultural competence, respect for diversity, and sensitivity to the patient’s needs

B

A degree in theology, a knowledge of all cultures, and the ability to speak all languages

C

A personal relationship with the patient, a similar background and a shared belief system

D

A religious symbol, a cultural artifact and a community event

ANS: A 7.

What is required when health practitioners must work effectively with other professionals from different disciplines, backgrounds or cultures?

A

Teamwork, collaboration, communication and mutual respect

B

A common language, a shared workspace and similar work hours

C

The same level of education, the same years of experience and the same professional title

D

A team leader, a team charter and team-building activities

ANS: A 8.

What is a challenge that may arise in interdisciplinary collaboration in healthcare settings due to differences in professional values, cultures and languages?

A

Health practitioners may have the same ethical frameworks, norms and terminologies that influence their perspectives and judgments on ethical issues or dilemmas.

B

Health practitioners may ignore ethical frameworks, norms and terminologies that influence their perspectives and judgments on ethical issues or dilemmas.

C

Health practitioners may have different ethical frameworks, norms and terminologies that influence their perspectives and judgments on ethical issues or dilemmas.

D

Health practitioners may not consider ethical frameworks, norms and terminologies in their perspectives and judgments on ethical issues or dilemmas.

ANS: C 9.

What is a challenge that may arise in interdisciplinary collaboration in healthcare settings due to lack of role clarity, trust and respect?

A

Health practitioners may be clear about their roles, responsibilities and contributions to the patient’s care and ethical decision making.

B

Health practitioners may trust and respect each other’s expertise, autonomy and authority.

C

Health practitioners may not be clear about their roles, responsibilities and contributions to the patient’s care and ethical decision making.

D

Health practitioners may trust and respect each other’s lack of expertise, autonomy and authority.

ANS: C

10.

What is the role of an ethical leader in a healthcare setting?

A

To influence and guide others to act in ways that respect the dignity and rights of others

B

To make decisions on behalf of their team members

C

To take on all the responsibilities and ethical tasks in the healthcare setting

D

To enforce strict rules and regulations without considering ethical values and principles

ANS: A 11.

What is an important aspect of ethical leadership in health care?

A

Demonstrating personal moral attributes and facilitating ethical behaviour in others

B

Ignoring the ethical principles, codes of conduct and laws that guide their profession and organisation

C

Avoiding difficult conversations and conflicts in the healthcare setting

D

Focusing solely on one’s own professional development and ignoring the needs of the team members

ANS: A 12.

What is the purpose of a self-care plan for health practitioners?

A

To outline one’s goals, strategies, resources, barriers and evaluation methods for selfcare

B

To list all the tasks and responsibilities related to personal hygiene in the healthcare setting

C

To document the health practitioner’s medical history and health conditions

D

To plan the health practitioner’s career path and professional development

ANS: A 13.

What are the steps involved in creating a self-care plan?

A

List your coping skills, daily self-care needs, and the barriers you wish to ignore in your work environment, to help you choose what you will focus on.

B

Evaluate your coping skills; identify your daily self-care needs; reflect, examine, replace; create your self-care plan.

C

Ensure your self-care plan incorporates reflection upon the team’s coping skills, daily self-care needs and coping strategies, so that you can fit in with their needs

D

Evaluate your coping skills; reflect on whether you have time for comprehensive selfcare given how busy you are; and adopt the preferred approach for self-care recommended by your supervisor.

ANS: A 14.

TRUE/FALSE Self-care is not an optional activity for health practitioners. It is essential for ethical and competent clinical practice. By engaging in self-care regularly and systematically, health practitioners can maintain their health and wellbeing, improve their skills and performance, and provide safe and effective care to their clients.

ANS: T 15.

ANS: D

Why is it important for health practitioners to engage with professional networks and associations?

A

They provide wide-ranging oversight, information and peer support.

B

They offer services to guide professionals when considering core ethical principles.

C

They help protect the reputation of the profession.

D

All of the above.

Chapter 7: Management of health information 1.

Health records: A

facilitate optimal outcomes for people who seek and receive healthcare treatment provided they are accurate and up to date

B

serve as a method of communication from one health practitioner, or group of health practitioners, to another

C

may be used for research purposes, as educational tools and as documentary evidence in legal proceedings

D

are all of the above

ANS: D 2.

TRUE/FALSE Health records: a

must identify the person by name and numerical identifier on each page.

b

should be written in pencil to enable correction.

c

must be objective, devoid of pejorative comment and worthy of independent scrutiny.

d

should clearly identify the writer of the report/entry by their signature and designated position.

e

should include the complete date and time of the entry for all entries.

f

should be contemporaneous with the event and recorded in chronological order.

g

do not need to include routine observations and assessments undertaken on a person.

ANS: a T, b F, c T, d T, e T, f T, g F 3.

An addition to health records should be indicated via: A

date and time of entry

B

a note that the addition was made

C

the words ‘Addendum’ or ‘Written in Retrospect’

D

all of the above

ANS: D 4.

Choose all correct statements.

A

Errors in health records should be torn out, removed, erased or covered over with correction fluid.

B

It is not acceptable to add to or alter information in the health records once a health practitioner becomes aware litigation has been initiated.

C

Health practitioners should write only what they themselves have witnessed or assessed and avoid documenting information that is passed on to them by others.

D

When documenting the care or treatment of a person who is receiving a health service, it is acceptable to use words such as ‘appears’ and ‘apparently’.

ANS: B, C 5.

What does health information generally include?

A

Information about an individual’s health, their expressed wishes about future health services, and a health service provided to them.

B

Only information about an individual’s health.

C

Only an individual’s expressed wishes about future health services.

D

Only a health service provided to an individual.

ANS: A 6.

What is the significance of written entries in a person’s healthcare records being ‘objective, devoid of pejorative comment and worthy of independent scrutiny’?

A

It ensures the accuracy of information transfer between health practitioners.

B

It can be used as evidence in legal proceedings.

C

It ensures the legibility of the records.

D

Both A and B.

ANS: D

7.

ANS: C

What should a health practitioner do when an error is made in the recording of information?

A

Erase the error.

B

Cover the error with correction fluid.

C

Draw a line through the erroneous material, identify it as an error and then date and initial it.

D

Remove the page with the error.

8.

TRUE/FALSE Confidentiality: a

protects information given in confidence.

b

relates to the non-disclosure of all information that comes to a health practitioner during their relationship with a patient in whatever form.

c

is protected in equity, common law and statutory regulation, as well as through professional discipline.

d

is an absolute duty at law.

ANS: a T, b T, c T, d F 9.

Confidential information may be disclosed: A

following express or implied consent

B

pursuant to legal requirements (such as mandatory reporting regarding child abuse; certain infectious diseases; reporting cause of death; providing information pursuant to a subpoena)

C

on grounds of public interest (for example, if there is a risk to national security)

D

in all the above ways

ANS: D 10.

TRUE/FALSE At law, privacy is a separate concept from confidentiality, albeit complementary. It has a much wider reach than the common law protection of confidentiality.

ANS: T 11.

ANS: A

The Commonwealth Privacy Act 1988 (Privacy Act): A

applies to all health service providers in the private sector throughout Australia

B

applies to all state and territory public sector health service providers

C

applies to all Commonwealth, state and territory public sector health service providers

D

applies to all Commonwealth, state and territory private and public sector health service providers

12.

TRUE/FALSE Commonwealth, state and territory legislation provides for access to health information by the person about whom such information pertains. The relevant legislation will be determined by whether the information is held by a public or private sector organisation, and the jurisdiction in which the information is held.

ANS: T 13.

Choose all correct answers. When a health practitioner is retiring or closing a practice, they should: A

inform the people who have received healthcare services of the impending retirement or closure

B

destroy all health records

C

refuse the opportunity for people to collect their own records

D

transfer health records to another practitioner, informing the person about whom the records relate of the name and address of the practitioner

ANS: A, D

14.

What are the advantages of electronic health record systems?

A

They allow complete, automatic and integrated entry of clinical and pathological data.

B

They provide rapid access to patient information.

C

They facilitate the transferring of patient information from site to site.

D

All of the above.

ANS: D

15.

What is the aim of the My Health Record system?

A

To ensure healthcare providers can see important health information from anywhere, at any time

B

To better provide treatment and care to people

C

To contain information about prescribed medicines, Medicare claims history, organ donation preferences, hospital discharge, diagnostic imaging and pathology

D

All of the above

ANS: D Chapter 8: Negligence

1.

Negligence is: A

doing or failing to do something that all health professionals would, or would not, do

B

doing or failing to do something that a reasonable health professional would, or would not, do

C

doing or failing to do something that falls below the highest standards of health practitioner conduct

D

none of the above

ANS: B 2.

Compensation is intended to: A

punish the defendant for the wrongs they have committed

B

provide the plaintiff with a windfall due to their having suffered damage, injury or loss

C

put the plaintiff back in the position they were in before they suffered damage, injury or loss

D

put the plaintiff in a better position than before they suffered damage, injury or loss

ANS: C 3.

To establish liability in negligence, a court will consider: A

standard of care, breach, causation and defences

B

duty of care, breach, remoteness and defences

C

duty of care, breach, causation and defences

D

duty of care, standard of care, remoteness and defences

ANS: C 4.

ANS: D

A health practitioner owes their patient/client a duty of care (well established) when: A

assessing and diagnosing a patient

B

treating a patient

C

providing advice or information, etc.

D

doing all of the above

5.

Breach requires the practitioner to: A

fall below the highest standard of care expected of the profession

B

fall below a reasonable standard of care expected of a person practising the profession

C

fall below the highest standard of care expected of a selection of professionals

D

do none of the above

ANS: B 6.

TRUE/FALSE Damage is the gist of an action in negligence. It must have been caused by the breach.

ANS: T 7.

A determination that negligence caused particular damage/harm/loss comprises the following: A

That negligence was a necessary condition of the occurrence of harm (factual causation)

B

That it is appropriate for the scope of the negligent person’s liability to extend to the harm so caused (scope of liability)

C

That negligence was a necessary condition of the occurrence of harm (factual causation) and that it is appropriate for the scope of the negligent person’s liability to extend to the harm so caused (scope of liability)

D

None of the above

ANS: C 8.

Which of the following may constitute a defence to negligence? Choose all correct answers.

A

Argue the plaintiff is out of time

B

Deny or rebut at least one of the elements of the action

C

Deny or rebut at least two of the elements of the action

D

Raise a defence of contributory negligence

E

Raise a defence of voluntary assumption of risk

F

Join another defendant and show that they are jointly liable for the damage

ANS: A, B, D, E, F 9.

TRUE/FALSE When the negligence of a wrongdoer causes the death of a person, a separate cause of action may be brought by the dependants of the person under wrongful death legislation for the loss they have suffered.

ANS: T 10.

Choose all correct answers. Vicarious liability is where one person is held liable for a tort (civil wrong) committed by another person. The necessary elements of vicarious liability include: A

there must be a relationship recognised by law (i.e. employer/employee)

B

the actual wrong must fall within the scope of authority of the defendant

C

the act/omission must have been wrongful

D

the act/omission must have been unlawful (a crime)

ANS: A, B, C 11.

In which of the following circumstances has a duty of care been found to exist in the context of medical doctors to third parties?

A To a non-patient in an emergency, where there existed ‘sufficient proximity’, nothing impeding the provision of care, and a professional conduct expectation to render care B

To a patient’s sexual partner when the patient has HIV

C

To the parents of a patient who were present during a consultation

D

All of the above

ANS: D 12.

In which of the following situations has a duty of care not been found?

A

Those investigating allegations of sexual abuse to parents suspected of such abuse

B

A health practitioner warning a third party of the intended criminal activity or threats of harm of a person they are treating

C

A health practitioner protecting third parties from suffering harm at the hands of a person receiving health care

D

All of the above

ANS: A 13.

In the case of Simon v Hunter and New England Area Health Service, what duty of care was found?

A

A hospital that released a mentally ill patient into the care of a friend who was transporting him interstate to receive ongoing care, owed a duty to the friend.

B

A hospital that released a mentally ill patient into the care of a friend who was transporting him interstate to receive ongoing care, did not owe a duty to the friend.

C

A hospital that released a mentally ill patient into the care of a friend who was transporting him interstate to receive ongoing care, owed a duty to the patient.

D

None of the above.

ANS: A 14.

What can a child who suffers harm as a result of a health practitioner’s negligent acts or omissions while the child is in its mother’s womb, or before its conception, do once born?

A

Claim compensation from the person whose negligence caused such harm.

B

Claim compensation arguing they should never have been born at all.

C

File a complaint with the medical board.

D

None of the above.

ANS: A 15.

Under what circumstances was a doctor found to have a duty to help in the case of Lowns v Wood?

A

The doctor was in close geographical proximity to a boy having an epileptic fit.

B

There was nothing impeding the doctor from helping.

C

Specific provisions of the Medical Practitioner’s Act 1958 (NSW) made the failure of the medical practitioner to render assistance in an emergency unprofessional conduct.

D

All of the above.

ANS: D

Chapter 9: Civil Liability for ‘Trespass to Person’ and ‘Defamation’ 1.

Match the name of each tort (all trespass to person) to its definition. a

Battery

A

occurs when a person is caused to apprehend the immediate (imminent) infliction of physical contact.

b

Assault

B

is concerned with the deprivation of a person’s liberty.

c

False imprisonment

C

is concerned with actual infliction of unlawful physical contact with the plaintiff.

ANS: a C, b A, c B 2.

Choose all correct answers.

A

Although battery involves physical contact with the plaintiff, it is not necessary that the defendant touches the plaintiff themselves (they could throw something, hit the plaintiff with a weapon, spit on them, and so on).

B

The plaintiff needs to be aware of the unlawful contact at the time of the incident.

C

The battery needs to have caused physical harm.

D

The fundamental principle is that every person’s body is inviolate, and that any touching of another person, however slight, may amount to a battery.

ANS: A, D 3.

TRUE/FALSE An assault may occur without a battery (if the threat to inflict unlawful force is not in fact carried out).

ANS: T 4.

Choose all correct answers. In relation to civil law assault: A

the intention of the defendant to carry out their threat is determinative of whether there was an assault

B

the effect on the victim’s mind is the crux, not whether the defendant intended to carry out their threat

C

the test will be whether the threat was sufficient to be able to raise apprehension in the mind of the victim

D

the test will be whether the threat was sufficient to be able to raise apprehension in the mind of a reasonable person

ANS: B, D 5.

In relation to false imprisonment, total deprivation of liberty may occur via: A

total geographical restraint

B

a threat to use force

C

psychological coercion

D

all of the above

ANS: D 6.

TRUE/FALSE In false imprisonment, if a plaintiff has a means of escape from the place of imprisonment, but that means is not a reasonable one, then the imprisonment will be deemed to be total.

ANS: T

7.

The plaintiff's consent to an alleged trespass is: A

a total defence to a claim

B

a partial defence to a claim

C

not a defence to a claim

D

only a defence if the consent is in writing

ANS: A 8.

TRUE/FALSE It is a defence to battery that a health practitioner initiated treatment in circumstances in which a person was so incapacitated as to be incapable of giving a valid consent and treatment was believed to be reasonable and necessary in the circumstances.

ANS: T 9.

Damages that go beyond compensation and are awarded as punishment to the guilty, to deter from any such proceedings for the future and as proof of the detestation of the jury of the action itself are known as: A

nominal damages

B

compensatory damages

C

aggravated

D

exemplary

ANS: D 10.

Defamation is committed when a defendant communicates to a third person any matter which adversely affects the reputation of another person (the plaintiff). In order to sue, the plaintiff must establish: A

material was ‘published’ to at least one other person

B

the material identified the person who claims to have been defamed

C

the material was capable of lowering the reputation of the plaintiff in the eyes of the ordinary reasonable person

D

all of the above

ANS: D 11.

What area of law is a ‘defamation’ case brought in?

A

Criminal Law: Defamation is a type of crime where one person causes injury to another person.

B

Tort Law: Defamation is a type of tort where one person communicates material which has the effect or tendency of damaging the reputation of another person.

C

Contract Law: Defamation is a type of contract where one person has breached an agreement with another person.

D

Property Law.

ANS: B 12.

Which of the following is NOT an element of a defamation action?

A

The defamatory information must be published.

B

The material must refer to the person alleging the defamation.

C

The communication must be complimentary.

D

The publication caused or is likely to cause serious harm to the person’s reputation.

ANS: C 13.

ANS: C

What is an ‘excluded corporation’ in the context of defamation?

A

A corporation that has more than 10 full-time employees

B

A corporation that is related to another corporation

C

A corporation that is independent and has fewer than 10 full-time employees

D

A corporation that has been excluded from a specific industry

14.

What change was brought about by the Uniform Defamation Laws enacted in 2006?

A

The separate torts of libel and slander were abolished and replaced with the single tort of defamation in most states and territories.

B

The separate torts of libel and slander were established.

C

The laws made defamation a criminal offence.

D

The laws abolished defamation.

ANS: A 15.

What is a ‘Concerns Notice’ in the context of defamation?

A

A notice that a person must give to the proposed defendant before commencing defamation proceedings

B

A notice that a person must give to the court before commencing defamation proceedings

C

A notice that a person must give to their lawyer before commencing defamation proceedings

D

A notice that a person must give to the media before commencing defamation proceedings

ANS: A Chapter 10: Criminal law and issues related to health care 1.

Choose all correct answers.

A

In criminal law, the state brings the action against the wrongdoer.

B

The aims of criminal law are punishment, retribution, deterrence and rehabilitation.

C

If a person is convicted of a crime, the result will be a penalty such as a prison sentence, fine, court order for probation, or bond.

D

The standard of proof in criminal cases is ‘on the balance of probabilities’.

ANS: A, B, C 2.

Match each word with its definition. a

the accused

A

the defined criminal activity

b

the prosecution

B

the person who allegedly committed the crime

c

the offence

C

the police or public prosecutor

ANS: a B, b C, c A 3.

TRUE/FALSE a

The prosecution is responsible for initiating the action and proving the crime.

b

Innocence is to be assumed unless guilt is proven beyond a reasonable doubt or admitted by the accused.

c

Vicarious liability is applicable to criminal offences.

d

It is acceptable in some criminal cases for a person to argue they were not aware of the law.

e

When a verdict has been reached by a court, the accused cannot be tried again.

f

An offence that is listed as a summary offence is considered a major breach of the law.

ANS: a T, b T, c F, d F, e T, f F 4.

Generally, for a crime to be committed the accused must have: A

both actus reus and mens rea

B

actus reus

C

mens rea

D

none of the above

ANS: A 5.

TRUE/FALSE Offences known as strict liability offences occur when there is no requirement to establish the mens rea, it being sufficient to prove only the actus reus.

ANS: T 6.

To rely on the defence of self-defence in relation to assault or murder, the accused must show: A

they were suffering from a disease of the mind at the time of the action taken

B

that they did not act voluntarily (they acted automatically)

C

that the action taken was necessary to protect themselves against attack or threatened attack and was proportionate to the threat

D

that the action taken was necessary to protect themselves against attack or threatened attack and was disproportionate to the threat

ANS: C 7.

Match each crime with its definition.

a

Homicide

A

occurs when a man of sound memory, and of the age of discretion, unlawfully takes the life of another and both actus reus and mens rea are present.

b

Manslaughter

B

is unacceptable circumcision practices on female children including the removal or cutting of the clitoral hood or any part of the genital area (excise); stitching up of the genital area (infibulate) of a girl or female baby; or cutting the clitoris or damaging the female genital area in any other ways.

c

Murder

C

includes penetration of ‘female genitalia’ and other orifices, such as the mouth and anus, without free consent.

d

Infanticide

D

involves the deliberate destruction of the fetus during the mid to latter part of the pregnancy when the fetus is assumed to be advanced in gestational age.

e

Rape

E

occurs when a man of sound mind, and of the age of discretion, unlawfully takes the life of another but the element of mens rea is not present.

f

Female genital mutilation

F

refers to the killing of a person and includes murder, manslaughter and infanticide.

g

Assault

G

is the killing of a newborn child by its mother.

h

Child destruction and feticide

H

includes both the threatened and the actual application of force to a person without their consent.

ANS: a F, b E, c A, d G, e C, f B, g H, h D

11.

ANS: C

What is criminal negligence?

A

A type of crime where the accused’s state of mind is not considered

B

A type of crime where the accused’s state of mind is the only consideration

C

A type of crime where the accused’s actions are compared with what is reasonable in the circumstances

D

A type of crime where the accused’s actions are not compared with anything

12.

What is an absolute liability offence?

A

An offence that requires only that the physical act occurs

B

An offence that requires the accused had intent to commit the offence

C

An offence that requires the accused to be physically present at the scene of the crime

D

An offence that requires the accused to have a criminal record

ANS: A 13.

ANS: C

What is the difference between absolute liability and strict liability?

A

Absolute liability requires intent, while strict liability does not.

B

Absolute liability does not require intent, while strict liability does.

C

Absolute liability does not allow for a defence, while strict liability may allow for a defence.

D

Absolute liability allows for a defence, while strict liability does not allow for a defence.

14.

What is an accomplice in the context of criminal law?

A

A person who commits the offence

B

A person who takes part in some way in the commission of the crime

C

A person who witnesses the crime

D

A person who reports the crime to the authorities

ANS: B 15.

What is the defence of provocation?

A

A defence that reduces murder to the offence of manslaughter

B

A defence that increases the severity of the crime of murder

C

A defence that completely absolves the accused of any crime

D

A defence that is only applicable to crimes other than murder

ANS: A Chapter 11: Registration of Births and Deaths and the Coroners Court 1.

Choose the correct answer.

A

The registration of births, deaths and marriages is governed by federal laws and is a Commonwealth responsibility.

B

The registration of births, deaths and marriages is a responsibility shared between the Commonwealth and the states and territories.

C

Each jurisdiction of Australia has laws that establish a register of births, deaths and marriages. The responsibility for registration falls to the states and territories.

D

None is correct.

ANS: C 2.

Birth registration plays an integral role in: A

supporting a child to gain access to schools, health care, legal protection and legal standing

B

preventing child exploitation by enabling authorities to be aware of children in existence

C

providing an avenue to collect vital statistics that may assist public health

D

all of the above

ANS: D 3.

Select the answer that is NOT correct.

The registration and notification of births and perinatal data can facilitate research on: A

the incidence and causes of obstetric and paediatric morbidity and mortality

B

planning of neonatal care

C

the epidemiology of birth defects and disability

D

the social determinants of health across a child’s life-course

ANS: D 4.

TRUE/FALSE In each jurisdiction of Australia, the law allows for a person who has undergone sexual reassignment surgery to apply to the registrar to register a change of his or her sex. Parents may also apply to the registrar to register a change in sex when the sex of a newborn baby is ambiguous and the child later has surgery to give the child the physical appearance of a male or female child.

ANS: T 5.

A person may be considered legally dead: A

only when there is irreversible cessation of all function of the person’s brain

B

only when there is irreversible cessation of circulation of blood in the person’s body

C

when there is either irreversible cessation of all function of the person’s brain, or irreversible cessation of circulation of blood in the person’s body

D

when there is one of irreversible cessation of the brainstem function, irreversible cessation of circulation of blood in the person’s body, or absence of response

ANS: C 6.

When a medical practitioner is not immediately available to verify or certify a death, a person with relevant expertise to competently undertake a clinical assessment of a body may ‘verify death’; for example, an appropriately qualified registered nurse or a paramedic. Appropriate documentation of the ‘verification of death’ should include: A

the verifier’s name and professional title

B

the clinical determinants used

C

the date, the time and where the clinical assessment took place

D

all of the above

ANS: D 7.

Select all correct statements.

A

The registration of deaths is important for record keeping and vital statistics about the health and longevity of people.

B

Deaths are registered on the Death Register in the state or territory where the death occurred.

C

Death that occurs in an aircraft in the airspace of a specific jurisdiction is registered in that jurisdiction.

D

Stillbirth is registered as a ‘Death’ in all jurisdictions of Australia (i.e. it is not registered separately).

ANS: A, B, C 8.

TRUE/FALSE Death certificates in Australia comprise two separate forms: •

a medical certificate indicating the cause of death completed by the medical practitioner who was either in attendance at the time of death or can certify the cause of death or by the coroner

•

a questionnaire with personal information about the deceased completed by the nextof-kin, usually with the assistance of the funeral director.

ANS: T 9.

What is the primary task of a coroner?

A

To investigate crimes

B

To investigate deaths that are unexpected, unnatural, accidental or violent

C

To investigate all deaths

D

To investigate natural deaths

ANS: B 10.

Select all correct answers.

The Coroners Court forms part of the court hierarchy in all Australian jurisdictions. The coroner: A

holds public hearings on ‘reportable’ deaths (inquests) (those that were unexpected, unnatural, accidental or violent)

B

takes an inquisitorial approach to determine the cause of death

C

takes an adversarial approach to determine the cause of death

D

can direct a doctor or other qualified person to perform an autopsy

ANS: A, B, D

11.

ANS: C

What is a ‘reportable death’?

A

Any death that occurs in a hospital

B

Any death that occurs due to natural causes

C

Deaths that are unexpected, unnatural, accidental or violent

D

Any death that occurs at home

12.

When the coroner has completed their investigation, the body of the deceased can be released to allow for it to be disposed of properly. A legal claim to a body for the purposes of burial or cremation rests with: A

the medical practitioner who has certified the person’s death

B

the relatives of the deceased

C

the executor appointed in the will of the deceased person or the person who is entitled to obtain letters of administration

D

the funeral director

ANS: C

13.

Match the following terms with their definitions: Terms: A

Coroners Court

B

Reportable death

C

Coronial Inquest

Definitions: i

A public hearing to consider issues arising from a death

ii

Part of the court hierarchy in all Australian jurisdictions

iii

Deaths that are unexpected, unnatural, accidental or violent

ANS: A ii, B iii, C i

14.

TRUE/FALSE The Coroners Court is bound by the rules of evidence.

ANS: F

15.

TRUE/FALSE A coroner may make a conclusive finding of guilt.

ANS: F

Chapter 12: Abortion, Wrongful Birth, Wrongful Life and Prenatal Injury 1.

Choose all correct answers.

An abortion can be defined as the untimely expulsion (or removal) of the fetus from the uterus.

It can be spontaneous, commonly referred to as a ‘miscarriage’, or artificially induced, commonly referred to as ‘termination of pregnancy’ via medical or surgical means. In relation to the latter, laws vary across jurisdictions regarding: A

requirements ranging from standard consent to the termination by the woman, to a requirement for risk to the woman’s health and wellbeing

B

the time up until which a lawful abortion can be performed

C

who needs to agree to the termination, and the criteria that must be met

D

when an abortion is considered unlawful and the associated penalties

ANS: A, B, C, D 2.

Performing an abortion is lawful in all jurisdictions of Australia (subject to meeting legal requirements). Choose the correct statement.

A

All jurisdictions have legislative provisions that permit doctors, nurses, midwives, pharmacists (etc.), with moral objections to abortion, to refrain from involvement in such procedures unless there is a life-threatening situation which requires the abortion to be performed.

B

The Northern Territory, South Australia, Victoria and Western Australia have legislative provisions that permit doctors, nurses, midwives, pharmacists (etc.), with moral objections to abortion, to refrain from involvement in such procedures unless there is a life-threatening situation which requires the abortion to be performed.

C

Tasmania, Queensland and New South Wales have legislative provisions that permit doctors, nurses, midwives, pharmacists (etc.), with moral objections to abortion, to refrain from involvement in such procedures unless there is a life-threatening situation which requires the abortion to be performed.

D

No jurisdiction permits doctors, nurses, midwives, pharmacists (etc.), with moral objections to abortion, to refrain from involvement in such procedures.

ANS: B 3.

TRUE/FALSE A doctor, nurse, midwife, pharmacist (etc.), with a moral objection to abortion who elects to refrain from involvement in such procedures must ensure the patient is appropriately referred to someone who does not have an objection.

ANS: T

4.

Match each cause of action with its definition. a

wrongful birth

A

a claim brought by a child for negligence causing them physical injury/disability

b

wrongful life

B

a claim brought by parents for unwanted/unplanned pregnancy and birth

c

prenatal injury

C

a claim brought by the child for negligence causing their birth

ANS: a B, b C, c A 5.

In wrongful birth claims, the damage is considered to be: A

that the child was unplanned or unwanted

B

that the parents will suffer future economic loss (i.e. costs) of rearing the unplanned/unwanted child

C

that the parents have endured pain and suffering in respect of the pregnancy and childbirth

D

all of the above

ANS: D 6.

TRUE/FALSE At common law, a claim for wrongful birth does not rely on whether or not the child is born with a disability. However, subsequent to Cattanach some states introduced legislation which requires disability, and claims can only be made for additional costs of rearing the child in relation to such disability.

ANS: T 7.

ANS: B

Wrongful life claims have been denied because: A

it has been found that the health practitioner owes no duty of care to an unborn fetus

B

it cannot properly be shown that the plaintiff has suffered legally compensable harm, as this would require an impossible comparison between existence and non-existence

C

it has been found that causation is impossible to establish

D

it has been found that there was no negligence

8.

In wrongful life claims: A

the medical practitioner did not cause the disability, but rather negligently encouraged the parents to prevent or terminate the pregnancy

B

the medical practitioner caused the disability by failing to perform a termination of pregnancy requested by the parents

C

the medical practitioner did not cause the disability, but rather negligently deprived parents of the opportunity to prevent or terminate the pregnancy

D

the medical practitioner caused the disability by falling below the standard of care expected of a reasonable practitioner

ANS: C 9.

Select TRUE/FALSE for the following statements: a

There is statutory authority (legislation) in Australia that a child who suffers harm or loss caused by negligence that occurred while it was in utero, or prior to its conception, has a cause of action to recover damages from the person whose negligent action caused the harm or loss, upon being born live and viable.

b

There is common law authority in Australia that a child who suffers harm or loss caused by negligence that occurred while it was in utero, or prior to its conception, has a cause of action to recover damages from the person whose negligent action caused the harm or loss, upon being born live and viable.

c

The difference between claims for prenatal injury and wrongful life is that in prenatal injury the negligence directly caused the disability, rather than causing the birth itself (wrongful life).

d

The difference between claims for prenatal injury and wrongful life is that in wrongful life the negligence directly caused the disability, rather than causing the birth itself (prenatal injury).

ANS: a F, b T, c T, d F

10.

ANS: B

When did the Therapeutic Goods Administration (TGA) lift several restrictions that applied to prescribing mifepristone and misoprostol (MS-2 Step) for medical terminations?

A

1 August 2022

B

1 August 2023

C

1 August 2024

D

1 August 2025

11.

Who can prescribe MS-2 Step for medical terminations after the changes to the law in Australia?

A

Only certified doctors

B

Any healthcare professional with appropriate qualifications

C

Only registered pharmacists

D

Only GPs

ANS: B 12.

When is a fetus recognised as being able to exercise legal rights?

A

When the fetus is conceived

B

When the fetus is ‘born alive’

C

When the fetus is part of the mother’s body

D

When the fetus dies in utero

ANS: B 13.

Match the following cases with their respective outcomes: Cases A

Paton’s case

B

A-G (ex rel Kerr) v T

C

FvF

D

Talbot v Norman

Outcomes: i

The court denied the injunction and applied the decision in Paton’s case using the guiding principles that the father and fetus have no identifiable rights.

ii

The judge considered that to grant the injunction would force the wife to carry and give birth to a baby she clearly did not want.

iii

The biological father of a fetus sought to prevent his wife from having an abortion. The judge observed that the ‘father can have no rights whatsoever nor can the fetus have any right of its own, at least until it is born and has a separate existence from the mother’.

iv

A male applied for an injunction to prevent his former partner from leaving Queensland to have an abortion.

ANS: A iii, B i, C ii, D iv

14.

TRUE/FALSE GPs are required to undertake mandatory training and registration every three years to prescribe MS-2 Step.

ANS: F

15.

TRUE/FALSE The law gives the father the right to be consulted about a termination.

ANS: F Chapter 13: Assisted Reproduction and Surrogacy 1.

Match each responsible entity to its role in the regulation of assisted reproduction (ART) and surrogacy in Australia. a

States and territories

A

have developed a self-regulatory system which sets standards of practice and accreditation requirements across the country.

b

Commonwealth government

B

have the power to pass legislation governing ART and surrogacy.

c

Professional bodies (Fertility Society of Australia (FSA) and the Reproductive Technology Accreditation Council (RTAC))

C

promulgates ethical guidelines on the use of assisted reproduction in clinical practice and research.

ANS: a B, b C, c A 4.

In most states and territories, access to assisted reproductive technologies (ART) is determined by clinical assessment and adherence to NHMRC Guidelines and professional standards of practice. Which three states/territories have legislated provisions that stipulate eligibility criteria?

A

South Australia, Queensland and Western Australia

B

South Australia, Victoria and Western Australia

C

New South Wales, Victoria and Western Australia

D

New South Wales, Australian Capital Territory and Tasmania

ANS: B 5.

Choose all correct statements.

A

All jurisdictions recognise that a woman who gives birth to a child as a result of ART procedures is the legal mother of that child, regardless of whether she used an egg donor.

B

The husband or de facto partner of a woman who gives birth to a child as a result of ART is the legal father/parent, assuming the partner has consented to the treatment, regardless of whether donor gametes have been used.

C

State and territory laws provide that a donor of sperm, eggs or embryos is not considered to be a legal parent of a resulting child and has no rights or responsibilities.

D

Pursuant to the Commonwealth Family Law Act 1975, the Family Court of Australia has granted visitation to a ‘known donor’ who has been involved in the child’s life; and most recently the High Court of Australia found a known donor could be a ‘parent’ for the purposes of the Family Law Act.

ANS: A, B, C, D 6.

Many people born as a result of the use of donated gametes or embryos wish to access information about their donors and donor siblings. They may wish to: A

know more about their biological heritage and/or medical history

B

avoid forming relationships with first-degree relatives

C

see openness and honesty and an end to the secrecy and anonymity

D

do any or all of the above

ANS: D 7.

Choose all correct statements.

Numerical limits may be placed regarding how many children may be created, or families formed, using a donor. Such limits may be set by legislation or guidelines or are recommended by professional bodies. The reasons given for such limits are: A

to reduce the risk of a donor-conceived person forming a consanguineous relationship with another person who shares the same donor

B

to avoid the overuse of one donor in preference over other donors

C

due to the psychosocial implications of having a large number of donor-conceived siblings/offspring across numerous families

D

to legitimise the practice of donor conception

ANS: A, C 8.

TRUE/FALSE a

Ethical and legal issues concerning the posthumous use of gametes may arise when a person dies and their surviving partner wishes to use their gametes to conceive a child.

b

The law operates at a state level, generally in two parts: •

regarding the removal of tissue after death (covered in human tissue legislation)

•

regarding whether such gametes may be used to create a pregnancy (determined via common law and/or ART legislation).

c

The law varies across the states and territories of Australia regarding when posthumous use of gametes may occur (and the criteria that need to be met).

d

Commonwealth ethical guidelines are relevant to the posthumous use of gametes.

ANS: a T, b T, c T, d T 9.

What is surrogacy?

A

A situation in which one woman agrees to become pregnant for another woman and her partner, a single person, or a same-sex couple and to transfer legal parentage upon birth

B

A situation in which a woman agrees to adopt a child for another woman and her partner, a single person, or a same-sex couple

C

A situation in which a woman agrees to donate her eggs to another woman and her partner, a single person, or a same-sex couple

D

A situation in which a woman agrees to mind a child for another woman and her partner, a single person, or a same-sex couple until they are able to care for the child themselves

ANS: A

10.

Match each term with its definition. a

Intending parent(s)/commissioning person/couple

A

A woman who agrees to carry a child and then permanently surrender custody or guardianship to the intending parent(s)

b

Gestational surrogacy

B

The agreement made between the surrogate mother and the intending parent(s)/commissioning couple or person

c

Surrogate mother

C

A surrogacy agreement in which the eggs are extracted from the intending mother (or donor) and are fertilised with the intending father’s sperm (or donor sperm). The resulting embryo is

then transferred to the womb of the surrogate mother d

Partial/traditional surrogacy

D

A surrogacy arrangement in which the surrogate mother receives no material gain for acting as a surrogate

e

Surrogacy agreement

E

A surrogacy arrangement in which the surrogate mother is paid a fee or reward for acting as a surrogate

f

Altruistic surrogacy

F

A surrogacy arrangement in which the surrogate mother’s own egg is fertilised with sperm from the intending father or a donor – this can be done by the man having intercourse with the surrogate mother or through artificial insemination/ART

g

Commercial surrogacy

G

A person or couple who ask a woman (the surrogate mother) to conceive and carry a child and then to permanently surrender custody or guardianship of that child to them

ANS: a G, b C, c A, d F, e B, f D, g E 11.

Surrogacy is a practice that requires consideration of the short- and long-term physical and psychological health and wellbeing of: A

the woman who is to undergo ART treatment, become pregnant, birth and relinquish the child

B

the intending parents, who in some instances may themselves have faced significant health issues which have led them to surrogacy

C

any donor(s) of gametes or embryos

D

the child(ren) that will be born as a result of such an arrangement

E

all of the above

ANS: E

12.

What is the primary purpose of surrogacy laws across Australia?

A

To support people in creating families in situations in which an altruistic surrogacy arrangement has been made

B

To prevent people from creating families in situations in which an altruistic arrangement has been made

C

To support people in creating families in situations in which a commercial arrangement has been made

D

To prevent people from adopting children

ANS: A 13.

TRUE/FALSE The birth mother is recognised as the legal mother in the first instance.

ANS: T 14.

TRUE/FALSE The surrogate mother is required to undertake mandatory training and registration every three years.

ANS: F 15.

TRUE/FALSE The laws regulating surrogacy are the same across all states and territories.

ANS: F Chapter 14: Advance Care Planning and End of Life Decision Making 1.

Advance care planning is important for when a person wishes to plan for situations where they will: A

lack some capacity, and thus may require support to make certain decisions

B

become completely incapacitated and thus unable to make decisions for themselves

C

either lack some capacity, and thus require support to make certain decisions, or become completely incapacitated and thus unable to make decisions for themselves

D

None is correct

ANS: C 2.

If someone is assessed as lacking the capacity to consent to or refuse treatment that is not urgent (i.e. there is no emergency), a health practitioner: A

must seek consent from a guardianship tribunal if it is not appropriate to wait until the person has capacity

B

must seek consent from a substitute decision maker if it is not appropriate to wait until the person has capacity

C

must seek consent from an ethics committee if it is not appropriate to wait until the person has capacity

D

may provide the treatment if it is not appropriate to wait until the person has capacity

ANS: B 3.

TRUE/FALSE An advance care plan is typically defined as a document that is created by a person while they are competent, that defines the medical treatment that the person wishes to have, or refuse should they become incompetent in the defined circumstances. However, at common law there is no requirement for an advanced care plan to be in writing.

ANS: T 4.

Choose all correct answers. At common law an advance care directive will be valid if: A

the person was competent when making the directive

B

the person was aware of the nature and purpose of the treatment proposed

C

the person does not need to intend the decision to apply to the situation that ultimately arose

D

the directive was made voluntarily

E

the directive was not based on religious, social, moral or other grounds and appears ‘rational’ to others

ANS: A, B, D 5.

TRUE/FALSE The respective states and territories that have statutory provisions require that an advance care directive be signed and witnessed and in a ‘prescribed form’.

ANS: T 6.

Choose all the statements that are considered benefits of advance care planning.

A

It promotes personal autonomy.

B

It removes the decision-making burden from family members or friends.

C

It encourages discussion between patients and health practitioners and patients and their families about important healthcare issues.

D

It leaves room for a doctor to make the final decision whether to treat or not to treat.

ANS: A, B, C

7.

TRUE/FALSE An individual can withdraw their consent to, or refusal of, treatment at any time (they can change their mind).

ANS: T 8.

‘Not for resuscitation’ (NFR) orders signify that resuscitation will not be commenced by the healthcare team. Death will likely ensue. They can be viewed as: A

a person’s decision to refuse treatment

B

a medical decision not to provide treatment because the resuscitation will be unlikely to succeed due to the person’s illness (i.e. is considered ‘futile’)

C

both a person’s decision to refuse treatment and a medical decision not to provide treatment because the resuscitation will be unlikely to succeed due to the person’s illness

D

none of the above

ANS: C 9.

A decision to withhold or withdraw treatment may be commonly faced by health practitioners when a person is approaching the end of life. Choose all correct answers.

A

A person with capacity may refuse any medical treatment, even if it is needed to keep them alive.

B

A person with capacity may not refuse medical treatment that is needed to keep them alive.

C

It is lawful for a health practitioner to withhold or withdraw treatment from a person with capacity who has refused life-saving treatment.

D

It is unlawful for a health practitioner to withhold or withdraw treatment from a person with capacity who has refused life-saving treatment.

ANS: A, C 10.

When a person does not have capacity to make a treatment decision, a decision to withhold or withdraw life-sustaining treatment will be lawful: A

if the person has an advance care directive that refuses the treatment

B

if the treatment would not be in the person’s best interests (this would be a clinical decision)

C

if the law permits the person’s substitute decision maker to decide whether to withhold or withdraw treatment

D

for all the above reasons

ANS: D 11.

What is the primary consideration when making treatment decisions for a legally incompetent person?

A

The person’s age

B

The person’s gender

C

The order of priority regarding the various alternate decision-making mechanisms and persons responsible

D

The person’s financial status

ANS: C 12.

ANS: B

In Australia, who usually resolves issues of withholding or withdrawing lifesaving and lifesustaining treatment from minors?

A

The courts

B

The families, the healthcare support team and ethical or religious consultation

C

The government

D

The police

13.

In which Australian states and territories is voluntary assisted dying legal (as at June 2024)?

A

Victoria and Western Australia

B

Tasmania and South Australia

C

Queensland and New South Wales

D

All states and territories except the Northern Territory

ANS: D 14.

What is one of the general eligibility criteria for voluntary assisted dying in Australia?

A

The person must be a minor.

B

The person must be unable to make decisions.

C

The person must have a disease, illness or medical condition that is likely to cause death within a specified time.

D

The person must not have an advanced condition that causes intolerable suffering.

ANS: C 15.

What is one of the actions suggested by Advance Care Planning Australia to promote better decision making in situations where ethical considerations arise?

A

Promote patient autonomy through a case-based approach to ethical decisions

B

Promote disagreement between individuals and substitute decision makers

C

Promote unsupported decision making

D

Promote a disorganised care environment

ANS: A

Chapter 15: The Removal and Donation of Human Blood, Tissue and Organs 1.

Historically, the common law: A

has always permitted the removal of body parts from a person for tissue and organ donation regardless of a person’s consent

B

permitted the removal of body parts from a person for therapeutic purposes; however, the removal of tissue or an organ from a body constituted the offence of maiming unless a person consented

C

has never permitted the removal of body parts from a person unless it was therapeutic for the person from whom the part(s) is removed; the removal of tissue or an organ from a body constituted the offence of maiming – regardless of a person’s consent

D

has done none of the above

ANS: C 2.

The removal and donation of tissue from living and dead donors is now regulated by: A

Commonwealth legislation

B

legislation in each of the states and territories

C

common law

D

self-regulation of health practitioners

ANS: B 3.

Ethical and legal issues that have been raised concerning donation include: A

whether organ or tissue donation should be altruistic, or whether the sale of tissues or organs should be permitted

B

the legal definition of death

C

requirements for a valid consent

D

all of the above

ANS: D 4.

In Australia, the legislation relevant to the removal and donation of tissue from living and dead donors is based on the presumption: A

that all citizens are potential donors unless they ‘opt out’

B

that there must be some clear indication that the person intended to donate tissue, and thus must expressly ‘opt in’ to be a donor of tissue

C

of a notion of implied consent whereby a person is considered to have ‘opted in’ unless they ‘opt out’

D

of none of the above

ANS: B 5.

The legislation relevant to the removal and donation of tissue from living and dead donors divides human tissue into two categories. These are: A

degenerative tissue and prenatal tissue

B

prenatal tissue and postnatal tissue

C

regenerative tissue and non-regenerative tissue

D

regenerative tissue and degenerative tissue

ANS: C 6.

TRUE/FALSE A person over the age of 16 in the Australian Capital Territory, New South Wales, South Australia, Tasmania or the Northern Territory, or over 18 in Queensland and Western Australia, of sound mind, may consent, either orally or in writing, to the removal (donation) of blood from themselves for transfusion into another person or for use of any of its constituents for other therapeutic, medical or scientific purposes. Children under this age may also legally donate blood with the consent of a parent, except in the Northern Territory.

ANS: T 7.

Legislation in all jurisdictions allows donation of regenerative tissue by competent consenting adults for the purposes of transplantation into the body of another living person; other therapeutic purposes; medical purposes; and other scientific purposes. For the consent to be effective the donor must consider and specify the tissue to be removed and the purpose of the removal. Choose the correct statement.

A

In all jurisdictions the consent cannot be given in the presence of the person’s family and must be given in the presence of a doctor who certifies the patient’s consent in writing.

B

In South Australia, Queensland and Western Australia, consent cannot be given in the presence of the person’s family. In all other jurisdictions the consent must be given in the presence of a doctor who certifies the patient’s consent in writing.

C

In South Australia and Western Australia, consent cannot be given in the presence of the person’s family. In all other jurisdictions the consent must be given in the presence of a doctor who certifies the patient’s consent in writing.

D

In South Australia and Western Australia, consent cannot be given in the presence of the person’s family. In New South Wales and Queensland, the consent must be given in the presence of a doctor who certifies the patient’s consent in writing.

ANS: C 8.

Except in the Northern Territory, in the case of children, written parental consent may be given and is required for the removal of certain types of regenerative tissue which, further, can only be taken if the person for whom the tissue is intended is also identified as: A

‘a parent or sibling’ (New South Wales, Queensland or Victoria) or ‘for another living person’ (South Australia) or ‘another member of the family or relative’ (Australian Capital Territory, Tasmania, Western Australia)

B

‘a parent or sibling’ or ‘another member of the family or relative’ (Australian Capital Territory, South Australia, Tasmania, Western Australia)

C

‘a parent or sibling’ (New South Wales, Queensland) or ‘for another living person’ (South Australia, Victoria) or ‘another member of the family or relative’ (Australian Capital Territory, Tasmania, Western Australia)

D

‘a parent or sibling’ (Australian Capital Territory, New South Wales, Queensland) or ‘for another living person’ (South Australia, Victoria) or ‘another member of the family or relative’ (Tasmania, Western Australia)

ANS: A 9.

TRUE/FALSE In the jurisdictions that permit the removal of non-regenerative and/or regenerative tissue, the donor may change their mind at any time.

ANS: T 10.

The removal of non-regenerative tissue from an incompetent adult: A

may occur if two medical practitioners approve the removal in writing

B

requires the consent of the person’s substitute decision maker, such as guardian, medical attorney or person responsible in all states and territories of Australia

C

is permitted with consent by the substitute decision makers, provided it may be argued to be in the incompetent person’s ‘best interests’

D

is permitted in some states and territories if a guardianship tribunal considers it to be in the best interests of the person, or the Supreme Court exercises its parens patriae jurisdiction to consent to the removal of tissue based on it being in the person's best interests

ANS: D 11.

TRUE/FALSE In all jurisdictions, if a person dies in a hospital, tissue can be removed from the body if the person had expressed the wish for, or consented to, the removal after death of tissue from their body during their lifetime.

ANS: F. The statement is not true for Queensland.

12.

ANS: C

If the designated officer cannot establish the deceased’s prior consent, tissue can be removed if: A

the person had expressed an objection to tissue being removed from their body during their lifetime

B

the person’s next of kin has not consented to removing tissue from the person’s body

C

the person had not expressed an objection to tissue being removed from their body during their lifetime and the person’s next of kin has consented to removing tissue

13.

TRUE/FALSE In Victoria, if there is more than one available next of kin, an objection by any one of the next of kin will be sufficient to prevent the removal of tissue.

ANS: F. This rule does not apply in Victoria.

14.

If there is an evident disagreement between the wishes of the donor and the next of kin, whose wishes are generally respected?

A

The donor’s wishes

B

The next of kin’s wishes

C

Neither, it depends on the situation

ANS: A 15.

TRUE/FALSE In all jurisdictions, if the deceased person is not in a hospital, the senior available next of kin may make written authorisation for tissue removal for the purposes of transplantation.

ANS: F. This is not true for Western Australia.

Chapter 16: The Regulation of Drugs and Poisons 1.

The Therapeutic Goods Act 1989 (Cth) regulates: A

the licensing of therapeutic substances, which include any product used in the prevention, diagnosis, cure and alleviation of disease

B

the manufacture and distribution of therapeutic substances, which include any product used in the prevention, diagnosis, cure and alleviation of disease

C

the licensing, manufacture and distribution of therapeutic substances, which include any product used in the prevention and alleviation of disease

D

the licensing, manufacture and distribution of therapeutic substances, which include any product used in the prevention, diagnosis, cure and alleviation of disease

ANS: D 2.

The Australian Register of Therapeutic Goods (ARTG) is a register operated by the Therapeutic Goods Authority, upon which any product for which therapeutic claims are made must be ‘listed’ or ‘registered’ before it can be supplied in Australia. Choose the correct statement.

A

Lower-risk medicines are ‘registered’ on the ARTG, while higher-risk medicines are ‘listed’.

B

High-risk medicines are ‘registered’ on the ARTG, while lower-risk medicines are ‘listed’.

C

Effective medicines are ‘registered’ on the ARTG, while experimental medicines are ‘listed’.

D

None is correct.

ANS: B 3.

TRUE/FALSE In addition to Commonwealth legislation, states and territories have their own laws that determine where medicine or poison may be bought, and how it is to be packaged and labelled.

However, most medicines and poisons are classified by the respective governments in accordance with the Standard for the Uniform Scheduling of Medicines and Poisons (the ‘Poisons Standard’) to achieve a uniform national approach to the scheduling of substances and uniform labelling and packaging requirements.

ANS: T 4.

The common law cases provide the basis for many of the principles expected in clinical practice when administering medication to patients. An action in negligence might arise and be considered a breach of a duty of care if there has been a failure to administer: A

the ‘right’ drug, the ‘right’ dose, to the ‘right’ patient, at the ‘right’ time

B

the ‘right’ drug, the ‘right’ dose, to the ‘right’ patient, at the ‘right’ place and/or via the ‘right’ route

C

the ‘right’ drug, the ‘right’ dose, to the ‘right’ patient, at the ‘right’ place and/or at the ‘right’ time

D

the ‘right’ drug, the ‘right’ dose, to the ‘right’ patient, at the ‘right’ time and/or via the ‘right’ route

ANS: D 5.

The Standard for the Uniform Scheduling of Medicines and Poisons (SUSMP) (the ‘Poisons Standard’), defines a schedule for drugs defining the regulatory standards required in relation to management of such drugs. Match each schedule with its requirements. a

Schedule 1

A

Substances or poisons for therapeutic use that should be available to the public from pharmacies or from people licensed to sell or supply them. These drugs do not require a prescription and are often sold direct to the public. Examples include paracetamol and aspirin.

b

Schedule 2

B

Substances or poisons and substances intended for therapeutic use that require professional management, monitoring and further evaluation. These substances are restricted to the requirement of a prescription from an authorised prescriber such as doctors, dentists or veterinary surgeons. Most medications

administered to patients in the healthcare arena belong to this schedule. c

Schedule 3

C

Substances and poisons of a hazardous nature which are available to the public, but which are potentially dangerous and require caution in handling, storage and use. This group includes many domestic poisons such as kerosene, methylated spirits and ammonia.

d

Schedule 4

D

Substances or poisons for therapeutic use that are dangerous or are so liable to abuse as to warrant restriction of the right of supply to doctors, dentists, pharmacists and veterinary surgeons.

This group of poisons may be required for use urgently so that their supply only on prescription from doctors, dentists or veterinary surgeons may cause hardship. Hence, pharmacists can supply these poisons without a prescription. Examples include salbutamol aerosol inhalers and insulin.

e

Schedule 5

E

Poisons that are drugs of abuse, the manufacture, possession, sale or use of which should be prohibited by law except for amounts that may be necessary for medical or scientific research conducted with the approval of the Commonwealth or state/territory authorities; for example, heroin.

f

Schedule 6

F

Poisons of plant origin of such danger to life as to warrant supply only from medical practitioners, pharmacists, dentists or veterinary surgeons. There are no longer any scheduled poisons in this category.

g

Schedule 7

G

Substances and poisons that are available to the public but are more hazardous or poisonous than those in Schedule 5. Poisons in this schedule are generally used for agricultural and industrial purposes and include formaldehyde and cyanide.

h

Schedule 8

H

Substances and poisons to which the restrictions recommended for drugs of dependence by the 1980 Australian Royal Commission of Inquiry into Drugs should apply. This group includes drugs that are addictive or potentially addictive. The more common drugs include cocaine, codeine (except when it is in a different form and included in another schedule such as Schedule 2 or Schedule 4), methadone, morphine and pethidine.

i

Schedule 9

I

Substances and poisons that require special precautions in their manufacture, handling, storage or use, or require special individual regulations regarding labelling or availability.

Substances such as arsenic, strychnine and thalidomide are

included in this group.

ANS: a F, b A, c D, d B, e C, f g, g I, h H, i E 6.

Match each term with its definition. a

Possession

A

Personally introduce a medication to a person’s body (or personally observe its introduction)

b

Administer

B

Provide, give or deliver, whether or not for payment or reward

c

Supply

C

Custody or control over the substance

ANS: a C, b A, c B 7.

TRUE/FALSE a

While all scheduled medicines and poisons are generally to be stored out of direct access by the public and children, and separately from foodstuffs or beverages, variation exists across states and territories in relation to the type of drug (i.e. Schedule level), and location of storage (for example, at a pharmacy, a healthcare practice, or a public hospital).

b

All agencies with or without pharmacies are obliged to keep a register to record the details of Schedule 8 and Schedule 4D drugs. (Include patient’s name, the prescribed drug and dose, the doctor’s name, date and time of administration and the balance of the ampoules or tablets.)

c

It is not common practice to have a witness check information kept on the register held to record details of Schedule 4 and Schedule 8 drugs with the practitioner who is to administer the drug.

d

The health practitioner giving the drug must be authorised to administer it; this includes a registered nurse or doctor in the hospital environment.

e

The balance of the Schedule 8 drugs remaining in the drug cupboard is recorded at regular intervals.

f

Whenever ampoules are damaged or destroyed, this must also be reported. If the drug is discarded or destroyed, policy often dictates that it is done in the presence of a witness.

ANS: a T, b T, c F, d T, e T, f T 8.

Prescribing refers to: A

the recording of the administration of a drug in a patient’s medication chart

B

the writing of a drug order in either a prescription notepad or a medication chart

C

the writing of a drug order in a prescription notepad (and nowhere else)

D

none of the above

ANS: B 9.

Not all scheduled medication requires a written or verbal order from an authorised prescriber.

Choose the correct statement.

A

Schedule 2 drugs may be administered by registered nurses.

B

Schedule 3 drugs may be dispensed without a prescription by a pharmacist.

C

Some first-aid environments keep Schedule 3 drugs on their premises for emergency use.

D

All are correct.

ANS: D 10.

Standing orders: A

provide a legal written instruction for the administration of medicines by an authorised person in situations where a prompt response using a standard procedure will improve consumer care and where a medicine is part of this procedure

B

are not a ‘when required prescription’ for an individual consumer

C

must be in accordance with Australian, state and territory legislation and policy, and promote the quality use of medicines

D

are all of the above

ANS: D 11.

TRUE/FALSE Medication errors such as omission and overdose may occur due to a variety of reasons. They may involve failure to read, or misreading, a patient’s medication chart, or failure to follow protocol or guidelines. The four key areas indicated in medication errors for hospital interns are: •

environmental factors including the level of staffing, workloads and managerial support

•

team factors including issues such as communication and supervision

•

individual factors including knowledge, skills, motivation and individual health

•

task factors including issues related to medication chart design, protocols and availability of tests.

ANS: T 12.

What is the most commonly used definition of medication error?

A

Errors made at the prescribing or dispensing stage discovered before they reach the patient

B

Mistakes where a wrong dose, patient, route, drug or time occurs

C

Errors that are discovered at the point of administration

ANS: B 13.

What are the most common types of medication incidents in acute care settings in Australia?

A

Omission and overdose

B

Misreading of the medication chart

C

Failing to follow protocol or guidelines

ANS: A 14.

What are the four key areas of causation for prescribing errors according to a study in Queensland?

A. Environmental factors, team factors, individual factors, task factors B. Workloads, communication, motivation, protocols C. Managerial support, supervision, individual health, availability of tests

ANS: A 15.

What is the cost of adverse medication-related admissions per year in Australia?

A. $1.2 million B. $1.2 billion C. $12 billion

ANS: B 16.

What are the three ethical values that embody professionalism according to the Code of Ethics for Pharmacists developed by the Pharmaceutical Society of Australia (PSA)?

A. Care, Integrity, and Competency B. Integrity, Beneficence, and Autonomy C. Justice, Honesty, and Independence

ANS: A Chapter 17: Mental Health Law and Ethics 1.

TRUE/FALSE

People suffering with mental health conditions are protected by the same laws that protect everyone else within Australia, and their state or territory of residence. In addition, there are several international and domestic regimes that specifically address the rights, needs and treatment of people with mental health conditions. This includes (but is not limited to) international conventions, Commonwealth, state and territory laws, policies, strategies and plans.

ANS: T 2.

TRUE/FALSE The Convention on the Rights of Persons with Disabilities (CRPD) lists the following eight guiding principles that underlie the Convention: •

Respect for inherent dignity, individual autonomy including the freedom to make one’s own choices, and independence of persons

•

Non-discrimination

•

Full and effective participation and inclusion in society

•

Respect for difference and acceptance of persons with disabilities as part of human diversity and humanity

•

Equality of opportunity

•

Accessibility

•

Equality between men and women

•

Respect for the evolving capacities of children with disabilities and respect for the right of children with disabilities to preserve their identities.

ANS: T 3.

Match each listed article of the Convention on the Rights of Persons with Disabilities to the issue of particular relevance to mental illness. a

Article 12

A

Right to habilitation and rehabilitation

b

Article 14

B

Right to respect physical and mental integrity

c

Article 17

C

Liberty and security of the person

d

Article 26

D

Equal recognition before the law and legal capacity

Answer: a D, b C, c B, d A 4.

The ‘Optional Protocol’ to the CRPD allows:

A

the High Court of Australia to receive and consider communications from or on behalf of individuals or groups of individuals subject to its jurisdiction who claim to be victims of a violation by that State Party of the provisions of the CRPD

B

the Supreme Court in each state or territory to receive and consider communications from or on behalf of individuals or groups of individuals subject to its jurisdiction who claim to be victims of a violation by that State Party of the provisions of the CRPD

C

the CRPD Committee to receive and consider communications from or on behalf of individuals or groups of individuals subject to its jurisdiction who claim to be victims of a violation by that State Party of the provisions of the CRPD

D

none of the above

ANS: C 5.

The MI Principles require delivery of services: A

in the most restrictive manner, using group planning, under the independent and impartial authority of mental health tribunals

B

in the most restrictive manner, using individualised planning, under the independent and impartial authority of mental health tribunals

C

in the least restrictive manner, using individualised planning, and under the independent and impartial authority of mental health tribunals

D

in the least restrictive manner, using group planning, and under the independent and impartial authority of mental health tribunals

ANS: C 6.

Select all correct answers. State and territory mental health legislation covers: A

when a person may voluntarily admit themselves to a mental health care facility (hospital)

B

when a person may be involuntarily admitted to a mental health care facility

C

when compulsory orders may be made to treat a person in the community

D

circumstances in which treatment without consent may occur

E

restricted treatments

F

restraint and seclusion in mental health facilities

ANS: A, B, C, D, E, F

7.

TRUE/FALSE It is an offence for the employees of a psychiatric service to ill-treat or wilfully neglect mentally ill persons undergoing treatment in a psychiatric facility.

ANS: T 8.

While all Australian jurisdictions have legislation (or guidelines) permitting restraint and seclusion in certain circumstances, reducing the use of such methods has been a national priority for mental health. Where the use of restraint is regulated, it is done so by reference to requirements of ‘necessity’ and ‘reasonableness’.

TRUE/FALSE Seclusion and/or restraint: a

should be kept to a minimum and used to manage the risk of serious imminent harm only when appropriate, safe alternative options have been considered and trialled

b

should occur for the briefest period required to allow the person to regain control of their behaviour and maintain their safety

c

require continuous observation, monitoring and timely review

d

require a person who is restrained or secluded to be supplied with appropriate bedding and clothing, food and drink at appropriate times, adequate toilet arrangements and any other psychological and physical care appropriate to the patient’s needs

e

if used must ensure emphasis to human rights, dignity and self-respect

f

do not require approval by an authorised person, such as a psychiatrist, registered medical practitioner or the senior nurse on duty (or an alternative if an emergency)

g

require that records must be kept regarding any mechanical restraint or seclusion of a person

ANS: a T, b T, c T, d T, e T, f F, g T 9.

Mental health review boards/tribunals: A

have the responsibility of hearing and determining appeals from a magistrate and periodically review all patients who have been detained

B

make determinations in relation to detained patients, when there is a disagreement between the patient and the treating doctor as to treatment, category of admission or detention

C

hear appeals against community treatment orders and counselling orders made by a magistrate

D

hear reports relating to restraint and seclusion and the non-psychiatric treatment of a patient

E

do all of the above

ANS: E 10.

TRUE/FALSE The circumstances in which exchange of information with carers of people who face mental health issues will occur should be discussed with the person and their carer and consent to such exchange obtained when possible. Generally, carers of people who face mental health issues should be informed of events that directly affect the person they are caring for, and their care relationship with the patient.

ANS: T 11.

Who can generally make community treatment orders?

A

A tribunal

B

An authorised psychiatrist

C

Both a and b

D

Neither a nor b

ANS: C 12.

TRUE/FALSE In all Australian states and territories, compulsory treatment in the community must be considered as the least restrictive option for treatment.

ANS: F 13.

In which Australian state(s) can a person no longer be the subject of involuntary detention or treatment if they have the capacity to refuse?

A

Western Australia

B

Tasmania

C

Queensland

D

All of the above

ANS: D 14.

TRUE/FALSE In the Australian Capital Territory, a psychiatric treatment order made by the Civil and Administrative Tribunal may require a patient to undergo electroconvulsive therapy (ECT) or psychosurgery.

ANS: F

15.

In New South Wales, who can give, or authorise the giving of, any treatment to a person, without their consent, if they are detained in accordance with the legislation?

A

An authorised medical officer

B

The Secretary to the Ministry of Health

C

Both a and b

D

Neither a nor b

ANS: A

Chapter 18: Child and Elder Abuse 1.

TRUE/FALSE Health practitioners are often in a position where they can identify and address abuse, neglect and exploitation due to the unique relationship they have with people within families and the community. Often health practitioners are not only required to assess whether there exists some form of abuse, but they may also be required to involve protective services when indicated.

ANS: T 2.

Choose all correct answers. Matters that are considered child abuse (i.e. may result in actual or potential harm to the child’s health, survival, development or dignity in the context of a relationship of responsibility, trust or power) include: A

physical and/or emotional/psychological ill-treatment

B

sexual abuse

C

neglect

D

commercial or other exploitation

E

exposure to, or experiencing, domestic violence

ANS: A, B, C, D, E 3.

The role of a health practitioner in relation to child abuse may include: A

preventing child abuse

B

detecting the problem and responding to it when it occurs

C

minimising the long-term negative effects of child abuse

D

all of the above

ANS: D 4.

TRUE/FALSE The legislative definitions of what conduct or circumstance constitutes ‘abuse’ or ‘maltreatment’ or identifies children who are in ‘need of care’ and may be subject to voluntary or mandatory reporting differ between the jurisdictions. It is therefore important that health practitioners familiarise themselves with the particular legislative criteria applicable in their own state or territory.

ANS: T

5.

What is the focus of the ‘Safe and Supported: the National Framework for Protecting Australia’s Children 2021–2031’?

A

On strengthening the child and family sector and workforce capability as a sole priority

B On addressing the over-representation of Aboriginal and Torres Strait Islander children in child protection systems as a sole priority C On a national approach to early intervention, addressing over-representation of Aboriginal and Torres Strait Islander children in child protection systems, improving information sharing and strengthening the child and family sector D

None of the above

ANS: C 6.

What does Section 24 of the New South Wales Children and Young Persons (Care and Protection) Act 1998 provide for?

A

It provides that any person who believes a child needs protection may notify a protective intervener.

B

It provides that where a person on reasonable grounds believes that a child is at risk of harm, they may notify the Director-General of the Department of Child Safety.

C

It provides that a person may notify the Chief Executive if they suspect a child is being or is likely to be at risk of harm.

D

None of the above.

ANS: B 7.

Who are the most commonly named as mandated reporters in the legislation?

A

Teachers, doctors, nurses and police

B

Lawyers, judges and social workers

C

Parents, guardians and caregivers

D

None of the above

ANS: A 8.

TRUE/FALSE In Australia, people who are elderly are protected by the same laws that protect everyone else within Australia, and within their state/territory of residence. All health practitioners must understand and follow these laws. As people near the end stages of their life, of particular relevance are laws pertaining to consent to, and refusal of, treatment (including capacity); advance care directives; and substitute decision making. Disability and mental health laws may also be relevant.

ANS: T 9.

The World Health Organization Global Strategy and Action Plan on Ageing and Health identifies a number of priority areas for action. Select all priority areas.

A

Commitment to health ageing

B

Aligning health systems with the needs of older populations

C

Developing systems for providing long-term care

D

Creating age-friendly environments

E

Improving measurement, monitoring and understanding

ANS: A, B, C, D, E 10.

Elder abuse can be defined as: ‘A single, or repeated act, or lack of appropriate action, occurring within any relationship where there is an expectation of trust which causes harm or distress to an older person’ (World Health Organization); or ‘the wilful or intentional harm caused to older adults by other people with whom they have a relationship implying trust’ (Australian Government).

People who commit elder abuse include: A

a spouse

B

adult children or other family members

C

a paid or unpaid carer

D

all of the above

ANS: D 11.

ANS: E

The most common forms of elder abuse reported include: A

physical abuse (sexual abuse, shaking, striking, retraining)

B

psychological abuse (threatening, intimidating, creating dependence, isolation and ignoring)

C

neglect (failing to provide the necessaries of life)

D

financial abuse

E

all of the above

12.

TRUE/FALSE Criminal and civil law provisions regarding assault, battery, negligence and fraud apply equally when the victim is an aged person. They are relevant when elder abuse occurs, as is professional discipline.

ANS: T 13.

The Aged Care Act 1997 (Cth) requires mandatory reporting of ‘reportable assaults’ of residents in aged care facilities by ‘approved providers’, imposing the obligation on the ‘approved providers’ to: A

report all allegations or incidents of an assault to the Commonwealth Department of Health and Ageing within 24 hours

B

report all allegations or incidents of an assault to the police within 24 hours

C

report all allegations or incidents of an assault to the police and the Commonwealth Department of Health and Ageing within 24 hours

D

report all allegations or incidents of an assault to the aged care facility’s management within 24 hours

ANS: C 14.

TRUE/FALSE All staff, volunteers and contractors who are having, or likely to have, unsupervised contact with residents in an aged care facility must undergo a national criminal history check.

ANS: T 15.

The Aged Care Act 1997 (Cth) establishes the Aged Care Complaints Scheme and the offices of the Aged Care Commissioner and Aged Care Pricing Commissioner. The Aged Care Complaints Scheme enables: A

only police to report complaints about the quality of the care or service provided by an aged care service that is funded or subsidised by the Commonwealth

B

only the police and health practitioners to report complaints about the quality of the care or service provided by an aged care service that is funded or subsidised by the Commonwealth

C

any person to report complaints about the quality of the care or service provided by an aged care service that is funded or subsidised by the Commonwealth

D

none of the above

ANS: C Chapter 19: Working with Legal Representatives 1.

Health practitioners may become involved in litigation because they are:

A

required to produce documents to a court

B

required to testify as a witness

C

asked to provide expert opinion

D

required to appear as a party to proceedings

E

any and all of the above

ANS: E 2.

The process of discovery is directed to ensure: A

that all parties to the litigation know the case they are to meet

B

that the court will have before it all the relevant evidence required to achieve a just outcome

C

that all parties to the litigation know the case they are to meet and that the court will have before it all the relevant evidence required to achieve a just outcome

D

none of the above

ANS: C 3.

A summons is a document issued by a court declaring that legal proceedings have been commenced and requiring a person to: A

attend a court on a specified day to give evidence

B

respond in writing

C

produce documents

D

attend a court on a specified day to give evidence, respond in writing and/or produce documents

ANS: D 4.

A person served with a summons to produce documents may object on the grounds that: A

the content is not relevant to the legal proceedings

B

the content is classified as legal professional privilege

C

production would be contrary to state, territory or public interest

D

any and all are correct

ANS: D 5.

TRUE/FALSE

An action is commenced when one party – in a healthcare context, usually the patient, client or a relative – serves initiating documents upon another party, being the health practitioner and/or the institution.

ANS: T 6.

When a health practitioner is involved in a legal action, they should always seek advice from their legal representative or the legal representative of the party for whom they are appearing, regarding: A

the legal issues/claim and trial proceedings relevant to the particular jurisdiction

B

the legal issues/claim and what is required of them in response

C

the legal issues/claim, what is required of them in response, the rules of evidence and trial proceedings relevant to the particular jurisdiction

D

the rules of evidence and trial proceedings relevant to the particular jurisdiction

ANS: C 7.

During a trial, if there is a judge and a jury, each is responsible for making different determinations. Match the judge and jury to their role. a

Judge

A

decides on questions of law, ensuring that the rules of evidence are applied and the procedural laws adhered to. In a criminal trial, determines the sentence when the defendant has been found guilty of the offence.

b

Jury

B

decides on questions of fact.

ANS: a A, b B 8.

TRUE/FALSE Frequently trials will have only a judge hearing the case. When judges sit alone, they perform the roles of both judge and jury.

ANS: T 9.

The standard of proof is the degree to which a court is required to be convinced, by the evidence, of one version of events as opposed to another. Choose all correct statements.

A

The standard of proof in civil actions is on the balance of probabilities.

B

The standard of proof in criminal actions is beyond a reasonable doubt.

C

The plaintiff/prosecutor will need to prove their case to satisfy the relevant standard of proof; the defendant will raise any defences.

D

The defendant must prove their innocence in criminal trials.

ANS: A, B, C 10.

Circumstantial evidence involves a witness giving evidence: A

of a fact in issue – a fact that a plaintiff in a civil action or the prosecutor in criminal proceedings must prove to win the case or, alternatively, those facts that must be proven to establish a defence

B

that a witness has perceived with their own senses an occurrence or event of which they have first-hand knowledge; it is distinct from hearsay evidence

C

of facts that are not in issue but from which a fact in issue may be inferred

D

of all of the above

ANS: C 11.

TRUE/FALSE a

All witnesses must answer the questions asked by legal counsel as truthfully as possible.

The failure of the witness to tell the truth will result in a charge of perjury.

b

Expert opinion must be confined to those areas in which the witness has an expertise. If the witness attempts to give evidence on matters outside their area of expertise, this would be considered as opinion evidence and thereby inadmissible.

c

Expert evidence is received by the court where there is a need for the assistance of a person who possesses a special knowledge, skill or experience in the particular area under consideration.

d

An expert has an overriding duty to assist the party who has requested they appear.

ANS: a T, b T, c T, d F

12.

ANS: A

What may health practitioners be asked to do in legal proceedings?

A

Provide their professional opinion and appear in court as an expert witness

B

Act as an advocate for the plaintiff

C

Provide medico-legal advice to clients

D

None of the above

13.

What should health practitioners ensure when writing an expert report?

A

The report is written using clear, concise and freestanding commentary on the personal beliefs and opinions of health practitioners practising at the time regarding the healthcare treatment that was provided.

B

The report is clear and concise, free-standing, considers the audience, provides the health practitioner’s professional opinion, avoids conflicts of interest, includes a methodology section and is proofread carefully.

C

The report includes personal information about the client.

D

None of the above.

ANS: B 14.

What is ‘absolute privilege’?

A

It is a type of communication that occurs between friends.

B

It is a type of communication that occurs in the media.

C

It is a type of communication that occurs in specific circumstances, such as communications between solicitors and clients during litigation, official communication between ministers of the state and the Crown, communication that takes place in parliament as part of parliamentary proceedings, statements made during judicial and quasi-judicial proceedings and communication occurring between parties that is classified as privileged through the relevant legislation.

D.

None of the above.

ANS: C 15.

ANS: B

What is an injunction and how is it used in a healthcare context?

A

An injunction is a request for a court to take immediate action on a case. In a healthcare context, it is used to speed up the legal process for urgent medical cases.

B

An injunction is a legal order to hold or preserve property or the status of a situation until the matter is resolved by a court. In a healthcare context, an application for an injunction may be sought to compel a health practitioner to stop a particular treatment, to halt a medical intervention thought to be futile, or to prevent the disposal of substances linked to a patient’s injury.

C

An injunction is a legal document that prevents a person from making any further action in a case. In a healthcare context, it is used to stop a patient from seeking further medical treatment.

D

An injunction is a court order that requires a person to pay a certain amount of money.

In a healthcare context, it is used to ensure that medical bills are paid.

Chapter 20: Alternative Dispute Resolution: Mediation, Conciliation and Arbitration 1.

What is Alternative Dispute Resolution (ADR)?

A

A legal process that involves going to court.

B

A range of processes that can help parties to resolve their disputes without going to court.

C

A type of negotiation that only involves two parties.

D

A type of court proceeding that involves a jury.

ANS: B 2.

What are the three main types of ADR processes?

A

Negotiation, Mediation and Litigation

B

Facilitative, Advisory and Determinative

C

Mediation, Conciliation and Arbitration

D

Negotiation, Conciliation and Litigation

ANS: B 3.

What is the role of a mediator in the mediation process?

A

To make a judgment or evaluation of the dispute

B

To impose a solution or give advice

C

To assist the parties to communicate, identify the issues, generate options and reach their own agreement

D

To act as a representative for one of the parties

ANS: C 4.

What is the general structure of a mediation process?

A

Introductory stage, party statements and mediator’s summary, setting an agenda, discussion and exploration of all agenda items, private meetings, clarification and discussion of options, evaluation of options and decision making.

B

Introductory stage, party statements and mediator’s summary, setting an agenda, discussion and exploration of all agenda items, public meetings, clarification and discussion of options, evaluation of options and decision making.

C

Introductory stage, party statements and mediator’s summary, setting an agenda, discussion and exploration of all agenda items, private meetings, clarification and discussion of options, evaluation of options and decision making, enforcement of the agreement.

D

Introductory stage, party statements and mediator’s summary, setting an agenda, discussion and exploration of all agenda items, private meetings, clarification and discussion of options, evaluation of options and decision making, termination of the agreement.

ANS: A 5.

What happens if an agreement is reached in a mediation process?

A

The outcome is usually a verbal agreement that reflects the parties’ interests and needs.

The agreement may be enforceable by law if it is submitted to a Court as a settlement agreement, or the parties draw up an enforceable contract to which each party consents.

B

The outcome is usually a written settlement agreement that reflects the parties’ interests and needs. The agreement may be enforceable by law if it is submitted to a Court as a settlement agreement, or the parties draw up an enforceable contract to which each party consents.

C

The outcome is usually a written settlement agreement that reflects the parties’ interests and needs. The agreement may be enforceable by law if it is submitted to a Court as a settlement agreement, or the parties draw up a non-enforceable contract to which each party consents.

D

None of the above.

ANS: B 6.

What are some advantages of mediation?

A

It allows the parties to have more control over the outcome of the dispute or issue, it can save time and money, it keeps the issues and settlement private, and it can preserve or improve the relationships between the parties.

B

It guarantees the resolution of a dispute, it follows a formal procedure, and it allows the parties to choose more or less control over the outcome of the dispute or issue.

C

It is less intimidating and stressful than a Court process, although it can lead to hostility, animosity and resentment, and does not allow for the drafting of a settlement agreement.

D

None of the above.

ANS: A 7.

What is a disadvantage of mediation?

A

Mediation allows the parties to have more control over the outcome of the dispute or issue.

B

Mediation can save time and money for all parties.

C

Mediation can preserve or improve the relationships between the parties.

D

The resolution of a dispute is not guaranteed during mediation.

ANS: D 8.

What is the difference between mediation and conciliation according to the National Alternative Dispute Resolution Advisory Council (NADRAC)?

A

Mediation is purely facilitative, whereas conciliation may comprise a mixture of facilitation and advice.

B

Mediation and conciliation are the same.

C

Mediation involves a third-party decision maker, whereas conciliation does not.

D

Mediation is a formal and structured process, whereas conciliation is not.

ANS: A 9.

What are the three categories of conciliation as stated by the Health Complaints Commissioner (HCC)?

A

A change in systems, policies or protocols, a claim for refund of fees, compensation or remedial treatment, and a formal hearing

B

An explanation as to what happened and why, a formal hearing and a claim for refund of fees, compensation or remedial treatment

C

An explanation as to what happened and why, a change in systems, policies or protocols, and a claim for refund of fees, compensation or remedial treatment

D

A formal hearing, a claim for refund of fees, compensation or remedial treatment and an agreement

ANS: C 10.

What happens if an agreement is reached in conciliation?

A

The agreement is verbally communicated to each party. The parties may not enter a ‘settlement agreement’.

B

The agreement is verbally communicated to each party. The parties may again enter a ‘settlement agreement’, especially where a financial remedy is agreed to.

C

A written record of the agreement is made and provided to each party. The parties may not enter a ‘settlement agreement’.

D

A written record of the agreement is made and provided to each party. The parties may again enter a ‘settlement agreement’, especially where a financial remedy is agreed to.

ANS: D 11.

What is arbitration?

A

A form of alternative dispute resolution (ADR) that involves a third-party decision maker (‘arbitrator’) who resolves a dispute between two or more parties

B

A form of alternative dispute resolution (ADR) that involves a third-party decision maker (‘arbitrator’) who facilitates a dispute between two or more parties

C

A form of alternative dispute resolution (ADR) that involves a third-party decision maker (‘arbitrator’) who observes a dispute between two or more parties

D

A form of alternative dispute resolution (ADR) that involves a third-party decision maker (‘arbitrator’) who documents a dispute between two or more parties

ANS: A 13.

What types of disputes can arbitration be used for in healthcare contexts?

A

Disputes between healthcare providers and patients

B

Claims of medical negligence

C

Breach of contract

D

All of the above

ANS: D 14.

What are some advantages and disadvantages of arbitration?

A

Advantages include speed, confidentiality, flexibility and lower costs. Disadvantages include unlimited appeal rights, lack of transparency, potential bias and reduced accountability.

B

Advantages include speed, confidentiality, flexibility and higher costs. Disadvantages include limited appeal rights, lack of transparency, potential bias and reduced accountability.

C

Advantages include speed, confidentiality, flexibility and lower costs. Disadvantages include limited appeal rights, lack of transparency, potential bias and reduced accountability.

D

Advantages include speed, confidentiality, flexibility and lower costs. Disadvantages include limited appeal rights, transparency, potential bias and reduced accountability.

ANS: C 15.

Which of the following skills and competencies might be required from health practitioners involved in ADR processes in Australia?

A

Ethical awareness

B

Cultural sensitivity

C

Emotional intelligence

D ANS: D

All of the above