To provide a flexible and proactive framework for the regulation of public health, the West Australian Parliament has passed the Public Health Act 2016 with the object ‘to protect, promote and improve the health and wellbeing of the public of Western Australia and to...
Gemma McGrath
Department of Health provides clarity on fees
A recent update from the Department of Health has flagged that it is now aware that an increasing number of aged care providers are or are proposing to charge additional service fees to residents. In response to this the Department has advised that such fees “would...
Palliative care in best interests of the child
We have previously blogged about the earlier decisions in this matter. Oshin Kiszko was diagnosed with medulloblastoma in December 2015 and underwent surgical removal of the brain tumour. His parents refused conventional post-surgical treatment, and in March 2016 the...
A Sign of Discrimination?
Following a complaint to the Australian Human Rights Commission which terminated in September 2015, the appellant filed an application in the Federal Circuit Court seeking a declaration and orders against the respondent, a private hospital, for alleged unlawful...
Addendum to Parens Patriae Applications – Alive and Well
The Hospital advised that the outcome of the chemotherapy had been pleasing but further chemotherapy alone would not save Oshin’s life and that a high level dose of radiotherapy was required to give him the best chance at survival. On this occasion Oshin’s parents had...
Parens Patriae Applications – Alive and Well
In March 2016 the Family Court of WA ordered that a six year old boy with a brain tumour undergo chemotherapy treatment after his parents had refused treatment and indicated that they wanted to pursue alternative therapies. Last week, the Qld Supreme Court ordered...
Duty of Care to Trainees – a novel approach
In Sklavos v Australasian College of Dermatologists [2016] FCA 179, Dr Sklavos made 3 claims against the College, being: The College engaged in either direct or indirect disability discrimination in contravention of the Disability Discrimination Act 1992 (Cth); The...
Is the end of the ‘once and for all’ rule nigh?
The Law Reform Commission of WA released a discussion paper in November 2015 on provisional damages and damages for gratuitous services. Whilst initiated in response to issues in asbestos claims, the proposed reforms are discussed in the broader context of all...