Skip to content Skip to menu

Post Archive - December 2019

Post Archive - December 2019

Picture of

Voluntary Assisted Dying Bill Passed

The Voluntary Assisted Dying Act 2019 was passed by Parliament on 10 December 2019 and is currently awaiting Royal Assent. However, the Act will not become operational for approximately 18 months or so, to allow time for the Voluntary Assisted Dying Board to be established and a service delivery framework and clinical guidelines developed to ensure that the process is undertaken safely and in accordance with the legislation....

  1. Aged Care Blog, Health Blog

Read More

Strengthened regulation of restraints in aged care: A significant legal reform?
Picture of

Strengthened regulation of restraints in aged care: A significant legal reform?

In the Department’s words, the legislation now: ‘makes it clear restraint must always be used as a last resort’;, ‘refers to state and territory legislation which regulates the responsibility for prescribers to gain informed consent for chemical restraint’; and, ‘requires a review of the first 12 months of the operation of the restraint regulations ...

  1. Aged Care Blog

Read More

Picture of

WASAT provides clarity over meaning of ‘mental disability’

Key issue Whether FY suffered from a mental disability and whether by reason of that mental disability, is FY unable to make reasonable judgments regarding her estate., Background FY applied for review of a Tribunal decision which declared her unable, by reason of mental disability, to make reasonable judgments in respect of matters relating to her estate. FY was found to have a mental disability and an administrator was appointed....

  1. Health Blog

Read More

Picture of

Practitioner successful in removing conditions on registration

Issues The Applicant lodged an appeal seeking review of a decision made by the Nursing and Midwifery Council of NSW not to remove conditions imposed on her registration. The Tribunal were required to determine whether it was appropriate that the conditions be removed. Background The Applicant for several years had dealt with mental health issues, which in some instances resulted in periods of treatment in and out of hospital....

  1. Health Blog

Read More

WA Country Health Service defends claim of medical negligence
Picture of

WA Country Health Service defends claim of medical negligence

Key issue The Plaintiff alleged that: a medical officer at the Hospital incorrectly recorded on a discharge summary sheet that an injury to his left acromioclavicular (AC) joint was a subluxation rather than a dislocation; and omitted to refer him to seek orthopaedic review to determine the most appropriate form of treatment for his injury; and, the Hospital’s failures gave rise to ...

  1. Health Blog

Read More

Picture of

Applicants successful in pelvic mesh implantation devices class action

 Key points The law does not require goods to be completely free from risk, but it does require manufacturers and suppliers to disclose those risks to the prospective consumer and to continually evaluate and advise of their safety., Manufacturers of medical devices cannot avoid liability simply on the basis of:, being certified as meeting the applicable safety standards (e....

  1. Health Blog

Read More