Experiences for people affected by cancer, their families and health professionals, are impacted by the law in multiple ways. There are particular legal issues around financial support for transport and accommodation, discrimination, and end-of-life decision-making.
The further from a metropolitan centre a person with cancer lives, the more likely they are to die within five years of diagnosis. Government travel support for cancer treatment is inadequate and problematic, with cross-border issues and arbitrary distance thresholds for eligibility.
Survival rates for some cancers are increasing, meaning more people are living longer after a cancer diagnosis. Anti-discrimination legislation prohibits discrimination on the grounds of cancer, however, anecdotally, workplace discrimination is not uncommon despite very few complaints being made and pursued. Accessing insurance can be problematic for people who have had cancer, due to their medical history or pre-existing conditions.
Laws around decision-making at end-of-life, including advance care directives and substitute decision-making, differ across Australia and do not appear to be well understood in practise, which can give rise to disputes between clinicians, families and patients.
Cancer Council Victoria’s McCabe Centre for Law and Cancer is mapping key laws and policies with a view to making the law work better for people affected by cancer. The presentation will provide an overview of these key legal issues and priority areas for law reform to improve experiences for people affected by cancer.