Overview of the PRIS Bill Privacy Framework The PRIS Bill introduces a framework to protect the privacy of personal information managed by public entities, ministers, parliamentary secretaries, and contracted service providers[i]. The framework is grounded in the...
Gemma McGrath
The fallibility of memory – why good clinical notes can be the best defence to a claim
The decision involved Mr Ronan Boothman (the Plaintiff) who commenced proceedings against his chiropractor, Dr Christopher George (the Defendant). After straining his back whilst surfing, the Plaintiff attended upon the Defendant for treatment, which he alleged was...
Unpacking the Disability Royal Commission
Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability An inquiry into what governments, institutions and the community should do to prevent and better protect people with disability from experiencing violence, abuse, neglect and...
Inherent Risks and Peer Professional Opinion in the Bariatric Surgery considered in Polsen v Harrison (No.8)
Facts On 22 July 2013, the Plaintiff underwent a surgical procedure performed by the Defendant to manage her morbid obesity. Following the operation, the Plaintiff suffered from a gastric leak, necessitating her return to the operating room for a laparoscopic washout...
Guardianship and Administration Amendment (Medical Research) Bill 2023
This statutory review has now been completed and the Final Report was tabled in Parliament on 22 February 2023. The Final Report recommended two substantial amendments to the existing legislation. The first being to expand the scope of the legislation to include a...
Avoiding an Ahpra complaint – Tips to minimise the risk
Receiving a notice from Ahpra is extremely stressful for practitioners, not just because of the potential impact on reputation and career prospects but it can also cause practitioners to second guess their capabilities. Here are some simple tips for controlling what...
Privacy Act Review Report – in a nutshell
Strengthening privacy rights: The report recommends the introduction of a new "right of erasure" which would allow individuals to request that their personal information be deleted in certain circumstances. This would align Australia's privacy laws with those of the...
Broken spinal needle lodged in spine not negligent
The background Mrs Fuller was to have a spinal anaesthetic for the caesarean birth of her second child. The registrar had initially attempted insertion of the introducer (larger needle) and the spinal needle (smaller needle) at the level of L4/5 and then L3/4. He was...
How to safeguard your ED – Duty of Care vs Unlawful Detention
A recent District Court trial of a man accused of grievous bodily harm following his use of force against a security officer trying to prevent him leaving a Perth Hospital has highlighted the difficult position that hospital staff face in this type of scenario. The...
Aged Care Code of Conduct commences – 1 December 2022
Code of Conduct The Code introduces eight behaviours expected of approved providers, aged care workers and governing persons in the provision of care, support and services, including aged care. They must: act with respect for people’s rights to freedom of expression,...