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Canada Latest News from the Canadian Andropause Society  
Australia The Andropause Society of Australia and the fight for HRT  
USA Developments in USA

THE FIGHT FOR MALE HRT IN AUSTRALIA - STAGES IN THE LEGAL PROCEEDINGS
The Andropause Society of Australia

The fight for HRT in Australia

The legal proceedings

A test case

Linda Byart

June 1999 - A Letter was sent to Dr Michael Wooldridge from our senior medical practitioner, Dr Adrian Zentner, on behalf of the group TIME FOR MEN (formerly known as STAG), asking for his intervention and investigation of proposed changes to the PBS relating to HRT supplementation for men. Many men on the treatment also wrote to Dr Wooldridge and/or their local MP. In their replies responsibility for the decision was handballed to the PBAC.

August 1999 - The Federal Government made changes to the criteria governing access to HRT under the PBS Pharmaceutical Benefits Scheme.

24 August 1999 - A Request under FOI was lodged by us with the Department of Health and Aged Care to ascertain on what basis the changes had been made. November 1999 - Some of the information requested under FOI was released to us.

November 1999 - Two complaints were lodged with the Human Rights And Equal Opportunities Commission - one alleging unlawful discrimination due to age using one man as a test case and the other - a class action by 50 men - alleging sexual discrimination in that men were being unfairly and unreasonably discriminated against in identical circumstances to women.

May 2000 - A second request under FOI was lodged with the Department for further information.

October 2000 - After a year, the Commission responded to the Sexual Discriminatioin complaint by rubber stamping the government’s reasoning and accepting their explanation that the men are not refused subsidy because they are men - but because they do not suffer from the ‘relevant condition’.

However the government has also (conveniently) set the diagnosis criteria for the condition (Androgen Deficiency) which criteria we maintain is medically and scientifically unsound and at odds with international experience and opinion.

HREOC apparently did not approach any independent expert opinion.

November 2000 - An Appeal for Review of the Decision was lodged in November and a first Hearing was allocated under Justice French just a few days later.

December 2000 - With guidance from the Law Society, Linda Byart represented herself and 50 men at this hearing where she successfully requested an adjournment until January 31

January 2001 - Acting on advice from the Law Society, Mike Hawkins was approached with a view to his taking on the case on a Pro Bono basis.

January 31 - At the Directions Hearing an adjournment was requested to allow Mike Hawkins to familiarise himself with the case.

March 2001 - Mike Hawkins approached Slater and Gordon with a view to gaining their assistance.

March 23 - Hearing vacated for new date to be advised.