The background In one weekend, Dr Trijo examined and treated (under general anaesthetic) five women with intellectual disabilities who resided in a Supported Residential Service. These patients were unable to communicate and required a ‘person responsible’ to make...
The background The Plaintiff had symptoms of proximal muscle wasting of the lower and upper limbs associated with muscle weakness and she was referred to the Neuromuscular Clinic at Royal Prince Alfred Hospital (Hospital) for review and management. The Plaintiff...
The background The registered nurse (RN) was a government employee working at Cairns Base Hospital (Hospital) on the evening of 19 January 2014 when an intoxicated patient assaulted him. The RN had removed a blanket from the patient, the patient had stood up and...
It was agreed that the video was sent to the nurse in a WhatsApp group called ‘Christ is Coming Soon’ with the caption “be careful who you leave your kids with”. The nurse gave evidence that she went to the police station to report the video at the time, but was told...
Coronavirus is at the forefront of most peoples’ minds at the moment. It needs no introduction. The workforce is of course critical to the ongoing care and support of older persons in aged care and retirement living. But what happens if and when staff – particularly...
With many businesses and individuals facing pandemic-caused financial difficulty, leasing has emerged as an important focus area for Government economic and policy responses. With many businesses and individuals facing pandemic-caused financial difficulty, leasing has...
As a matter of general contract law, where a party voluntarily enters into a contract, the usual legal position is one of ‘absolute liability’. The contract will be binding on the party, and all of their obligations must be performed. In the context of COVID-19,...
The National Home Doctor Service (NHDS) successfully brought an application to set aside the Director of the Professional Services Review’s (Director) decision to set up and refer to a Committee (pursuant to section 93 of the Health Insurance Act 1975) regarding the...
The Aged Care Legislation Amendment (Improved Home Care Payment Administration No.1) Bill 2020 (“Bill”) was introduced to Parliament on 27 February 2020. The Bill will change the way in which home care subsidies are paid to approved providers. Subsidies will go from...
In a recent decision, the Administrative Appeals Tribunal (“AAT” or “Tribunal”) has held that it lacked jurisdiction to review a decision by the National Disability Insurance Agency (“NDIA” or “Agency”) not to pay certain invoices submitted by a registered NDIS...