GEN Services and places in aged care reports on the services providing aged care and the number of places provided. The data have been updated through to 30 June 2017. GEN Government spending on aged care reports on government spending on aged care services. The data...
Gemma McGrath
Federal Court dismisses bid to charge Asset Replacement Fee
Regis had commenced the proceedings seeking a declaration from the Court that the Asset Replacement Charge (ARC) may be lawfully imposed without contravening the Aged Care Act or its associated regulatory instruments. All individuals entering Regis’ facilities from 1...
Competent professional practice does not require evidence of “a practice”
In Sparks v Hobson; Gray v Hobson [2018] NSWCA 29, the Plaintiff suffered from Noonan Syndrome, a genetic disorder that prevents normal development in various parts of the body. Due to this disorder, his ability to fill his lungs with air, and hence to breathe, was...
Inexact evidence on causation sufficient to demonstrate material contribution
The Plaintiff suffered from epilepsy from six years of age. In 2010, at the age of 20, the Plaintiff underwent electroencephalographic monitoring, a telemetry testing procedure requiring sleep deprivation and the withdrawal of medication to induce a seizure to...
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...
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,...
Appeal against alleged failure to diagnose melanoma
The NSWCA’s central inquiry in the appeal was about the appearance of the lesion when the deceased first attended his GP. Due to the inadequacy of the notes taken by the four doctors who had treated the deceased, evidence about the appearance of the lesion was...
Consumer Protection announces review of retirement village contracts
Acting Commissioner for Consumer Protection David Hillyard advised that the investigation will examine various contracts offered by retirement village operators to see if they breach the "unfair contract terms" provisions of the Australian Consumer Law (ACL). One...
Increase to Specified Amounts under the Civil Liability Act 2002
From 1 July 2017 there is an increase in the Specified Amounts set out in s.10 and s.13 of the Civil Liability Act 2002 as follows: Amount A: $21,000 Amount C: $62,500 Amount B: $7,000
Premature Deaths of Nursing Home Residents
The study published in the recent Medical Journal of Australia examined nursing home residents whose deaths had been reported to state coroners from 2001-2013. The study found that the incidence of premature (death which occurred sooner than necessary) and preventable...