HEALTH
With strengths in: medical
law and national public health.
AGS has been privileged to work with the Department
of Health and Ageing in a number of capacities over
many years. In this time we have built up strong expertise
in a wide range of matters. These include the following
areas.
Interpretation of legislation
We have significant experience in interpreting relevant
legislation, including the Health Insurance Act 1973 and
the National Health Act 1953, the Therapeutic
Goods Act 1989.
AGS was involved in both the development of
policy and the legislation of the Gene Technology
Act 2000. Our advice to the department on legislation
encompasses opinions given over many years. It also
includes advice on drafting notices and instruments
made under legislation.
Litigation
AGS has assisted with and conducted litigation on behalf
of the Department of Health and Ageing in federal and
state courts and in various tribunals. With the largest
litigation practice in Australia on issues of public
law, AGS has acted for the department in many administrative
challenges and actions under the Administrative Decisions
(Judicial Review) Act 1977. AGS conducted litigation
for the department in the Pfizer v Burkett case
(the Viagra case), Schering-Plough v Sandson and Glaxo
Smith Kline v members of the PBAC and the Minister for
Health and Ageing. We regularly represent the minister
or the department in the Administrative Appeals Tribunal
and the Federal Court in administrative challenges in
respect of decisions arising under the National Health
Act and the Therapeutic Goods Act. AGS has also acted
for the department via the Therapeutic Goods Administration
in a recent trade practices damages claim.
We are experienced in common law claims and large-scale
litigation in health-related matters.
See Express
law ‘Inability to prove alleged psychiatric
illness’ 31 August 2004.
Commercial
AGS also has extensive experience in contracting in
the health field including in particular procurement
of diverse health services on behalf of government agencies
or their clients.
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