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...
Gemma McGrath
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,...
Registered Nurses to be on duty 24/7 in Aged Care Facilities
Responsibilities related to Registered Nurses Under new amendments to the Aged Care Act 1997, an approved provider who provides residential care or flexible care in a residential facility, must ensure that a registered nurse is on site, and on duty, at all times....
SIRS for Home Care Providers – what you need to know
SIRS has two key components: Incident Management obligations; and Compulsory Reporting obligations. Incident Management Obligations The SIRS requires all approved aged care providers to have an effective incident management system in place to manage incidents and take...
Introduction of a Code of Conduct and Banning Orders
Code of Conduct Approved providers, aged care workers and governing persons will all be required to comply with the provisions of the Code that are applicable to them. Additionally, approved providers will be required to take reasonable steps to ensure aged care...
New Governance Requirements commencing 1 December 2022
Composition of approved provider’s governing body An approved provider must ensure that a majority of members of the governing body are independent non-executive members (the majority requirement) and at least one member of the governing body has experience in the...
Independent review of cosmetic surgery makes 16 recommendations
On 1 September 2022 the report of the independent review was released, making 16 recommendations for action that Ahpra and the Medical Board can take to improve patient safety under the current legislative framework, including the setting of minimum standards for...
New Obligations related to Key Personnel
As set out in the our recent summary of the Aged Care and other Legislation Amendment (Royal Commission Response) Act 2022, from 1 December 2022 approved providers are required to notify the Aged Care Quality and Safety Commission (ACQSC) of certain matters related to...