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Post Archive - October 2017

Post Archive - October 2017

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HR Toolbox: Edition 8 – 2017

Latest news The McGowan government has introduced amendments to the Occupational Safety & Health Act 1984 (WA) to increase penalties for offences under the Act. The significant increases are aimed at ensuring that penalties better reflect the importance of a safe workplace and to bring Western Australia’s penalties in line with other jurisdictions in Australia.  To review the Bill and explanatory memorandum, click here....

  1. Employment Law and Workplace Relations Blog

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Neurosurgeon failed to properly advise of treatment options

In February 2011, the Plaintiff was found to have a benign brain tumour. He consulted with Dr Day, a neurosurgeon, who recommended that the tumour be removed by way of endoscopic surgery. The surgery was performed without incident but shortly thereafter the Plaintiff suffered a haemorrhage which left him with significant impairment. It was accepted that there were two available courses of treatment: ...

  1. Health Blog

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Assault or battery case against medical staff dismissed

The applicant was employed as a security officer at Gladstone Hospital. In the evening on 2 August 2012, he was observed to be acting unusually while at work and was directed by a co-worker to attend the Emergency Department. There he was seen by a nurse and a locum doctor who believed him to be either under the influence of alcohol or illicit drugs, or suffering from a medical condition that would require urgent attention....

  1. Health Blog

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Immediate action against practitioner after suspension of medical licence in US

The immediate action process arose from a notification the Board received in August 2016 that the practitioner, who was practicing in both the US and Australia, had had his medical licence summarily suspended in June 2016 by Judge Mandala, an Administrative Law Judge of the Alaskan Office of Administrative Hearings. The practitioner’s suspension in Alaska followed an investigation into his prescribing ...

  1. Health Blog

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HR Toolbox Edition 7 – 2017

Latest decisions The Fair Work Commission, which found that an employee’s dismissal was not a genuine redundancy, has ordered to have the employee reinstated back into his former job (or an equivalent position) despite the employer opposing such an order on the basis that the former job no longer existed and the employment relationship had been irretrievably broken. Links to the full decision ...

  1. Employment Law and Workplace Relations Blog

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New Codes of Conduct for Nurses and Midwives

The Codes are founded on evidence-based practice and specify the legal requirements, professional behaviour and conduct expectations for all nurses and midwives across Australia, in all practice settings. The Codes will replace the existing Code of Professional Conduct for Nurses, Code of Professional Conduct for Midwives, and the professional boundaries documents. The Board’s intention is ...

  1. Health Blog

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Coroner refers Nursing Home to OACQC

In August 2012 Mr R was admitted to a high care nursing home facility, where he required assistance with all daily living tasks and was unable to mobilise independently. 31 days after his admission he was noted to have pressure sores on his heels. In November 2012, further pressure sores were observed on his hip. On 6 February 2013, the wounds were noted to be necrotic. On 15 February 2013, it was recorded that Mr R had lost 5....

  1. Aged Care Blog

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Think Twice Before Withholding a Bonus Or Changing a Bonus Scheme

Mr Anthony Loone was the Managing Principal of the Launceston arm of Crowe Horwath (Aust) Pty Ltd (CHA).  Mr Loone’s contract contained a term that provided for the payment of a bonus. The relevant clause of the contract provided that: “The bonus you may be eligible to get forms a discretionary component of your Remuneration. The Company will determine from time to time, at its ...

  1. Employment Law and Workplace Relations Blog

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