&Recommendations
Welcome to the
Overview
Menopause is not an illness, and neither is it a medical condition: it is a normal component of the female life cycle; however, it is a women’s health issue with social and economic consequences.
From reproductive health to menopause, women’s experiences are too often ignored and their concerns easily dismissed. Previous inquiries by this committee have highlighted the substandard level of care that some women may experience in their health journey.
To date, menopause, despite being a natural transition for over 51 per cent of the population, has remained an area in women’s health where women’s voices and pain have been ignored or poorly understood. Menopause continues to be a topic that is rarely discussed and is stigmatised.
Every woman’s experience of menopause is unique. For some women with debilitating symptoms, this can have a significant impact on their relationships, workforce participation and many other aspects of their lives. Other women will experience few negative impacts.
1,4 Evidence indicates that the level of awareness in the community is very low. There is limited information available, and women experience significant barriers in accessing diagnosis and treatment.
1.5 It is in this context that the committee embarked on this inquiry, seeking to explore the multitude of issues related to perimenopause and menopause in Australia and consider measures to adequately support women during this phase of their lives.
1.6 During the inquiry, the committee listened to the stories of hundreds of women, heard from academics, clinicians, businesses, public health bodies and government departments. The evidence told a compelling story that in Australia, women do not always receive adequate support to manage their symptoms, both in the health system and in their workplaces.
Members of the Upper House agreed to set up a Parliamentay Committee to look into the impact of perimenopause and menopause . The inquiry involve looking into the health and economic effect of perimenopause and menopause, focusing on the impacts menopause and perimenopause on women, their financial security, relationships and their workplaces.
The Greens Leader in the Senate, Senator Larissa Waters moved a motion on Monday (6 November) to refer the issue to the Community Affairs References Committee for an inquiry and report. Co-sponsored by Labor Senator for South Australia Marielle Smith, the motion called for an inquiry to consider the mental, physical, and economic effects of menopause and perimenopause. It also called for an investigation into the awareness among medical professionals and patients of symptoms and treatments, including their affordability and availability.
‘Menopause often occurs at a time when a lot is going on in women’s lives - adolescent or young adult children, or ageing parents and a demanding job.When women are struggling it can be difficult to tease out what is an effect of menopause and what is related to other facto
Menopause can also be a turning point in a patient’s health trajectory, and she believes patients should have access to a comprehensive assessment around the time of menopause. This should include attention to risk factors for future cardiovascular disease, osteoporosis, dementia and cancers, and checking to see whether they are up to date with screening.
Medical Journal of Australia suggested that 85% of symptomatic Australian women are not receiving effective, approved menopausal hormone therapy (MHT) or non‐hormonal interventions. Longer general practice consultations needed for appropriate menopause care are also not encouraged by the way Medicare operates, she believes.
Better education about menopause for doctors and other health professionals is another area for improvement according to Dr Magraith, including both at undergraduate and postgraduate levels.
More education of the general public ‘to reduce stigma and help women make informed choices about their health’
Who made submissions?
The inquiry heard submissions from women, health professionals, employers and other experts.
Issues related to menopause and perimenopause, with particular reference to:
a. the economic consequences of menopause and perimenopause, including but not limited to, reduced workforce participation, productivity and retirement planning;
b. the physical health impacts, including menopausal and perimenopausal symptoms, associated medical conditions such as menorrhagia, and access to healthcare services;
c. the mental and emotional well-being of individuals experiencing menopause and perimenopause, considering issues like mental health, self-esteem, and social support;
d. the impact of menopause and perimenopause on caregiving responsibilities, family dynamics, and relationships;
e. the cultural and societal factors influencing perceptions and attitudes toward menopause and perimenopause, including specifically considering culturally and linguistically diverse communities and women’s business in First Nations communities;
f. the level of awareness amongst medical professionals and patients of the symptoms of menopause and perimenopause and the treatments, including the affordability and availability of treatments;
g. the level of awareness amongst employers and workers of the symptoms of menopause and perimenopause, and the awareness, availability and usage of workplace supports;
h. existing Commonwealth, state and territory government policies, programs, and healthcare initiatives addressing menopause and perimenopause;
i. how other jurisdictions support individuals experiencing menopause and perimenopause from a health and workplace policy perspective; and any other related matter.
The Report
For a copy of the full report please refer below:
https://www.aph.gov.au/Parliamentary_Business/Committees/Senate/Community_Affairs/Menopause/Report
The Recommendations
The committee recommends that the Department of Health and Aged Care commission research to establish a comprehensive evidence base about the impacts of menopause and perimenopause on women in Australia, including:
Menopause differentiated from midlife stressors;
Mental health impacts of menopause; and
Early menopause.
The research should also establish an understanding of experiences for:
Culturally and linguistically diverse women;
First Nations women;
LGBTQIA+ individuals; and
Women living with a disability.
The committee recommends that the Australian Government launch a national menopause and perimenopause awareness campaign, providing information and resources for women and communities across Australia. This awareness campaign should be designed in consultation with experts and people with lived experience.
The committee recommends that, in the next review of the Australian Curriculum, the Australian Curriculum, Assessment and Reporting Authority (ACARA) consider how menopause can be expressly referenced in the menstrual health and reproductive cycles content within the Health and Physical Education learning area.
The committee recommends that the Australian Government commission research to undertake a comprehensive study to assess the economic impacts of menopause which clearly delineates the impact of symptoms of menopause on women’s workforce participation, income, superannuation, and age of retirement.
The committee recommends that the Australian Government introduce reforms to allow the Workplace Gender Equality Agency (WGEA) to re-commence data collection on the supports employers are providing, and their usage, for employees experiencing menopause and perimenopause, including specific workplace policies.
The committee recommends that the Australian Government consider amendments to Section 65 of the Fair Work Act 2009, to ensure women can access flexible working arrangements during menopause.
The committee encourages Australian workplaces develop perimenopause and menopause workplace policies in consultation with their employees.
The committee recommends that the Australian Government task the Department of Employment and Workplace Relations to undertake further research on the impact and effectiveness of sexual and reproductive health leave where it has been implemented in Australia and overseas, while giving consideration to introducing paid gender-inclusive reproductive leave in the National Employment Standards (NES) and modern awards.
The committee recommends that the Australian Government encourage the Australian Medical Council to consider explicitly including menopause and perimenopause in the Graduate Outcome Statements of the Standards for Assessment and Accreditation of Primary Medical Programs. The committee further recommends that menopause and perimenopause be included in graduate outcomes for other health professionals, including nurses and physiotherapists
he committee recommends that the Australian Medical Council work with Medical Deans Australia and New Zealand to ensure that menopause and perimenopause modules are included in all medical university curriculum.
The committee recommends that all governments and the medical colleges work together to require and facilitate further education on menopause and perimenopause for physicians practising in the public health system across Australia.
The committee recommends that the Australian Government considers increasing funding and expand the recipient base for the delivery of incentivised continuing professional development to medical practitioners on perimenopause and menopause.
The committee recommends that the Australian Government consider how to expand the scope of practice of nurse practitioners to ensure better support for women experiencing menopause in rural and regional areas.
The committee recommends that the Department of Health and Aged Care, through the Medicare Benefits Schedule (MBS) Continuous Review, review existing MBS item numbers relevant for menopause and perimenopause consultations, including for longer consultations and mid-life health checks, to assess whether these items are adequate to meet the needs of women experiencing menopause.
The committee recommends that the Australian Government consider whether a new MBS item number or the expansion of criteria for the mid-life health check, is needed to support greater access to primary care consultations for women during the menopause transition.
The committee recommends that the Department of Health and Aged Care, including the Therapeutic Goods Administration, consider action to address the shortages of menopause hormonal therapy (MHT) in the Australian market and consider options to secure sufficient supply, including a review of the supply chains and pricing trends of MHT, with a view to enabling universal affordable access to treatment and care
The committee recommends the Therapeutic Goods Administration continue to monitor the advertising alternative medicines and treatments in Australia and take action as appropriate. The committee further recommends the Department of Health and Aged Care consider reviewing the labelling of TGA approved medicines.
The committee recommends that the Australian Government examine options to implement a means of ensuring that MHT items are affordable and accessible, including consideration of domestic manufacturing and alternate means of subsidising costs to the consumer. Such examination should include, but not be limited to, considering ways to encourage pharmaceutical sponsors to list a broader range of MHT items, such as body identical hormone therapy products, on the Pharmaceutical Benefits Scheme to ensure appropriate access and lowered costs for all women who need it.
The committee recommends that the Pharmaceutical Benefits Advisory Committee (PBAC) reforms comparator selection during evaluation of new MHT items to include quality of life health impacts. The committee also recommends that the PBAC regards body identical hormone therapy products in a separate drug class to remove the lowest cost comparator to synthetic therapies
The committee recommends the Australasian Menopause Society regularly review and update their guidance for medical practitioners around best practices in the treatment and management of mental health symptoms.
The committee recommends that the Australian Government work with state and territory governments to implement or leverage existing women’s health facilities with multidisciplinary care, including in the public health system, to better support women during the menopause transition across Australia.
The committee recommends that organisations tasked with improving menopause care utilise learnings from international best practice.
The committee recommends that the Australian Government investigate improvements to the collection and use of data to assist with research into the experience of menopause and perimenopause, and surveillance of the outcomes of the use of MHT.
The committee recommends that the Australian Government task the National Women’s Health Advisory Council to assist state and territory governments to deliver a National Menopause Action Plan which considers best practices in menopause care
The committee recommends that the Australian Government task the Department of Health and Aged Care and the Department of Employment and Workplace Relations to monitor international best practices to ensure Australia is at the forefront of menopause and perimenopause care.
Feedback from The Australasian Menopause Society (AMS)
he Australasian Menopause Society (AMS) welcomed the findings of the Senate Inquiry into
Menopause and Perimenopause. Specifically, the AMS is delighted to see recommendations relating to increasing education of health care professionals, from student levels right up to specialists, as well as the suggestion of increased funding for the delivery of continued professional development to all medical practitioners.
AMS President Dr Sylvia Rosevear says, ‘This report highlights the importance of the work AMS carries out and how vital it is to our Doctors, Nurses and Allied Health Professionals. We are determined to incorporate evidence-based research in training these professionals. The recommendation to continually improve our highly lauded fact sheets is valued and we’re keen to action this.’
The AMS endorses the recommendation that options be further explored to guarantee that menopausal hormone therapy is made both affordable and accessible to all women who need it, no matter their background or socio-economic status.
AMS are keen to work alongside the Australian Government on the following recommendations:
The suggested awareness campaign on menopause and perimenopause
A study on the economic impacts of menopause, including the impact on women’s workforce participation, and alongside this the development of workplace policies in consultation with employees; and
The proposal that menopause and perimenopause be included in both medical university curriculum and graduate outcomes for health professionals.
Financial, Legal and Safety wellness
Separating? Update your Will and Enduring Power of Attorney ASAP!
I know it is probably the last thing you are considering right now amongst all the other issues you are dealing with during your separation, but there are a number of key documents which you should seriously consider drafting and/or updating as soon as you reasonably can after you separate in order to ensure your wishes are correctly and respectfully fulfilled, your intended beneficiaries are legally protected and the appropriate executors and guardians are appointed. In particular, you need to update your personal details, wishes/intentions, trustee/executor/guaradians, general instructions and nominated beneficiaries under any Trusts, Life Insurance, Superannuation, Enduring/Power of Attorney, Will, and your Health Directives.
For the purposes of this blog, we will be specifically addressing your Will and Enduring Power of Attorney and the importance of drafting and/or amending these at the time of your separation (whether married or defacto).
Why do I need a Will?
Even if you don’t think you have a lot of assets to leave behind to anyone, having a Will is very important. The Will appoints an executor to administer your estate (ie to carry out the instructions in your will) and outlines who the beneficiaries will be, how your property and personal items should be distributed. The executor is normally someone who is trustworthy, financially responsible, organised and respected by the beneficiaries.
The Will also usually specifies who the guardians of any minor children or dependants would be.
Without a Will, your estate may not be distributed according to your preferences, and your loved ones could face a lot of added stress, time and costs in settling your affairs.
Potential tax and stamp duty benefits of an effective Estate Plan
You can obtain a number of benefits by having an effective estate plan for example setting up a Testamentary Trust within your Will which can have significant tax benefits and transfer of titles to reduce or avoid stamp duty being paid. We recommend you seek advice regarding this.
What if I have a Will but it is not updated?
• There can be unintended consequences such as your assets going to unintended beneficiaries, (including your former partner and their family) important details being left out, or taxes being higher than they need to be.
• Certain changes in laws and regulations could make certain provisions of your outdated Will or Enduring Power of Attorney invalid or ineffective.
• You want to avoid potential disputes among beneficiaries and delay the intended beneficiaries getting access to your estate and wasting huge sums on contesting the Will.
• You want to ensure the executor of your own Will and any trustee under a Trust, is someone you still trust to fulfil their duties and carry out your wishes.
Can a Separation affect my Will?
If you were married or in a de facto relationship and had a valid Will leaving some or all of your estate to your then spouse/partner, even if you are then later separated at the time of your death, the contents of your existing Will would usually still be valid and your former spouse/partner would still receive their entitlement under the Will.
If you are legally separated, but not yet legally divorced at the time of your death, your former spouse may also still act as your estate's executor (if you had appointed them as such under your Will), thus manging the administration of your estate, whether you wanted them to or not.
The situation is different where there is no Will. In that case, the laws of intestacy apply to determine whether or not a spouse (married or de facto) has an entitlement to any part of their partner's estate. Whilst not guaranteed, you should note that there is a strong chance that without a WIll, your former spouse will potentially inherit everything under the laws of intestacy.
Is my Will still valid after we are divorced?
In all Australian states and territories, except for Western Australia, a divorce order will not usually revoke all of your Will but it will in most instances revoke any appointments (executor, beneficiary, trustee) or clauses under the Will which refer to your former spouse. Therefore, if you had for instance appointed your spouse to act as your executor or you named them as a beneficiary, they will no longer be able to act as your executor, nor will they receive any gifts you left them, following a legal divorce.
However, it should be noted that if your Will was not updated following your divorce and you die, there can still be some exceptions to consider where the court may not revoke part of the Will and decide in favour of your former spouse if they can be convinced you clearly intended for a specific clause to still relate to a former spouse. The court will often also decide in favour of your former spouse if you have appointed them to as at the trustee of property you have left to your children as beneficiaries under the Will.
it is therefore highly recommend you update your Will to avoid any confusion, misinterpretation by the court, conflict or loss of intent. Get legal assistance.
Why have an Enduring Power of Attorney?
An Enduring Power of Attorney (EPA), is also a very important legal document as it allows you to appoint someone you really trust to legally act on your behalf, if you lose your mental capacity or ability to communicate. The EPA can make decisions about your personal matters, your health (including support services, treatments and health care, where and with whom you live), your finances (including paying expenses and taxes, making investments, collecting your income, selling property, carrying on a business etc). This is especially important in situations if you were unfortunately incapacitated due to dementia, a stroke, brain injury, an illness, or an accident. You may also want to choose a primary power of attorney and also name a backup person in case the primary is unable to fuflil their duties.
You appoint an 'Attorney' under a EPA but that does not need to be a lawyer. You can select a relative, friend, professional person such as your accountant, or someone else you trust and believe to have the necessarily ability to carry out your wishes and manage your affairs. This person's decisions will have the same legal power as if you had made them yourself, so choose wisely.
We often recommend to our clients to clearly set out with their Will specific instructions to help the executor and/or guardian including:
o what medical treatment you want to receive if you were to be incapacitated;
o where all your important family and financial documents are kept for the executor to access and contact details of any person they deal with including specific bank, finance, insurance, financial planner, financial advisor, stockbroker, accountant, lawyer;
o a wish list - setting out your hopes for the children in the future (for example, if my finances permit I would like them to attend x school, have continued contact with relatives y and z, to continue being raised in x religion etc)
Why have an Advanced Health Directive?
Another useful document is an Advanced Health Directive.
At some point in the future, you may be unable to make decisions about your health care, even temporarily. This might be due to an accident, dementia, stroke or a mental illness.
An advance health directive allows you to:
give directions about your future health care
make your wishes known and give health professionals direction about the treatment you want
appoint someone you trust (an attorney) to make decisions about health care on your behalf.
The best time to make an advance health directive is now, before any urgent health condition arises. However, it’s particularly important to make one if:
you’re about to be admitted to hospital
your medical condition is likely to affect your ability to make decisions
you have a chronic medical condition that could cause serious complications (e.g. diabetes, asthma and heart or kidney disease).
Before you complete an advance health directive, you should:
think about your views, wishes and preferences for your future health care
talk to your family and friends
talk to your doctor—they
will have access to your medical history
can help you understand how a particular illness may affect you
can discuss treatment options and the effects of those treatments
if you plan to appoint an Enduring Power of Attorney for health matters, consider who you want to appoint and talk to them about it.
Ongoing review of your Will and Enduring Power of Attorney
Having updated your Will and Enduring Power of Attorney and had it appropriately witnessed, (and destroyed the original one) it is always good practice to review them annually (we always suggest around tax time as a good reminder) as unexpected life events can continue to have flow on effects to your Will and the need to potentially amend it (for example if anyone mentioned in the Will changes their name, the executor or guardian is no longer able to fulfil their obligations, a beneficiary under the WIll passes or their family situation changes, any specific item mentioned in the Will has now been sold/lost or has changed in nature, you become involved in a new business, company or trust or change your residence to another State or country).
We also recommend you regularly review where copies of your most current Will and Enduring Power of Attorney are stored - ideally in a safe custody box and the executor is aware of where a copy of the latest Will is kept.
As busy and potentially overwhelmed as you may be feeling, these documents are really important to consider. If you need assistance preparing any of these documents, please reach out to make an appointment with our Wills & Estates specialist to ensure you have accurately protected your assets and can fulfill your wishes through an affordable Wills & Estates Package.
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