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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