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