New Quality Standards The existing Quality Standards were introduced only a few years ago – in 2019 – to much fanfare. However, since then, the Royal Commission recommended (in 2021) a review of the Standards – ushering in another period of change and adjustment for...
David McMullen
Federal Court Healius Pathology Decision: A Warning Against Prohibited Benefits in Pathology Leases
The case is a good illustration of the application of the key legislative provisions outlined in the Panetta McGrath factsheet available here It serves as an important warning not only for pathology providers, but also landlords (a common example being owners of...
Better clarity on payroll tax obligations for dental practices in Western Australia
Following on from David McMullen's article Health Practices in WA: At Risk of unexpected payroll tax? This recent article published in the ADAWA Western Articulator will be of interest to all health practices who have practitioners working under an independent...
Medibank Data Breach – Legal Lessons
In October 2022, Medibank reported that ‘unusual activity’ on its network had resulted in its customer data being accessed and stolen by a third party. The Medibank cyber-attack started with the theft of login details from an employee who had privileged access to the...
Healthcare leasing – top tips for practices occupying leased premises
New lease or a renewal? If your lease contains an option to renew, you are entitled to be granted a lease for a further term (however long that may be), but it is important that you validly exercise the option: Most leases will specify an earliest and latest date for...
Health Fund Audits: They can’t do that….can they?
Health insurance funds in Australia pay in the vicinity of $2 billion towards dental services annually.[1] An intrinsic part of the way dental services are funded in this country, insurance monies do come with strings attached: Put simply, health funds hold the money,...
Retirement village law reforms: Getting there (one paper at a time)
How long has this been going on? The current reform process commenced with the release of the first of four Consultation Regulatory Impact Statements (“CRIS”) in August 2019. Subsequent CRISs were released in December 2019, March 2020 and June 2021. These CRISs (as...
Health Practices in WA: At risk of unexpected payroll tax?
Case Notes: Commissioner of State Revenue v Optical Superstore Pty Ltd (as trustees for the OS Management S Trust [2019] VSCA 197 (Optical Superstore Case) Thomas and Naaz Pty Ltd v Chief Commissioner of State Revenue [2021] NSWCATAD 259 (Thomas Case) In these two...
Closure of supported employment sites in WA: What is happening, and what does it mean for the NDIS sector and its participants?
These sites were specially set up (with origins dating back to the 1950s) to give disabled people the chance to participate in employment and further their workplace skills, while socialising in the process. Supported employees at the sites perform work such as basic...
Code of Practice for Retirement Villages 2022
New Code The Code of Practice for Retirement Villages 2022 commenced on 1 April 2022. It is found in a schedule to the Fair Trading (Retirement Villages Interim Code) Regulations 2022 (WA). The new Code will apply for 3 years, expiring 31 March 2025. What has changed?...