Our Employment and Workplace Relations team have put together this excellent resource when considering whether a person is an employee compared to an independent contractor. Whilst the factors to determine the issue are well-established, the distinction can be complex...
Health Team
Retirement Village Consultation – Understanding the Obligation
The administering body of a retirement village has an obligation to establish appropriate procedures for consulting with residents on various matters under the Fair Trading (Retirement Villages Interim Code) Regulations (No. 2) 2018 (“RV Code”). These matters include:...
Health Service Investigation Report subject to Judicial Review
The cardiologist was the subject of an investigation for maladministration of an indigenous health program. The matter was investigated by health service investigators and a report dated 17 August 2018 set out their findings, analysis and relevant enquires undertaken...
So you’re a home care provider who enters into brokerage arrangements … or are you?
‘Brokerage’ is a term frequently used by home care providers. In our experience it has become a term used to describe a number of situations in which providers use a third party to deliver services to a care recipient (ie client). In truth, an approved provider who...
Medical emergencies – is there a doctor on board?
Last week, a two month old infant died on board an AirAsia flight from Kuala Lumpur to Perth. The tragic death followed an inflight medical emergency where the distressed baby was soon noticed to be grey in colour and struggling to breathe. The baby was treated...
Anaesthetist who undertook unnecessary rectal examination succeeds in staying suspension of his registration
An anaesthetist who undertook a clinically unnecessary rectal examination of an anaesthetised patient at the alleged encouragement of the colorectal surgeon performing the procedure was successful in having the suspension of his registration stayed until his appeal...
Not-For-Profits: It’s Ok to be ‘Profitable’
Not-for-profit organisations from time to time seek advice from us before embarking on an exciting new commercial or income-generating venture. Often, they are prompted to seek advice because they are concerned with ensuring that they do not compromise their...
Dealing with the Professional Services Review Agency
There have also been record increases in the number of referrals made and in the number of services falling under scrutiny in each review. Whereas, traditionally, general practitioners have been the PSR’s primary focus, greater diversity of speciality is a continuing...
£37 million Damages awarded in UK Clinical Negligence claim
A 6 year old boy was awarded £37 million (AUD$67.39) after suffering catastrophic brain damage following a delay in administering anti-viral medication. The Claimant contracted the Herpes Simplex virus at birth at Watford General Hospital in 2012. He suffered...
Strata reforms and community titles – update for the health and ageing sectors
In this article, we cover the Community Titles Act 2018 and Strata Titles Amendment Act 2018. In the culmination of a review of WA’s strata titles legislation that commenced back in 2007, the Community Titles Act 2018 and Strata Titles Amendment Act 2018 have passed...