The case is a good illustration of the application of the key legislative provisions outlined in the Panetta McGrath factsheet available here It serves as an important warning not only for pathology providers, but also landlords (a common example being owners of...
Health Team
Navigating the Complex Landscape of Advertising Regulations in Health Services
Introduction As advertising of medical services is becoming increasingly sophisticated and essential for business growth, understanding the intricate web of laws and regulations governing this area is more vital than ever. From the oversight of general medical...
Your colleague makes an Ahpra complaint about you. Is there anything you can do?
A recent decision in the Queensland Civil and Administrative Tribunal (the Tribunal) indicates that ‘bad faith’ complaints with false and misleading information may amount to professional misconduct. Background The Health Ombudsman (the Applicant) alleged that Dr Ling...
Medibank Data Breach – Legal Lessons
In October 2022, Medibank reported that ‘unusual activity’ on its network had resulted in its customer data being accessed and stolen by a third party. The Medibank cyber-attack started with the theft of login details from an employee who had privileged access to the...
Recent commentary on section 5PB of the Civil Liability Act
Legislative Context - Section 5PB An act or omission of a health professional will not be negligent, if it is established that the act or omission was in accordance with a practice that, at the time, was widely accepted by their peers as competent professional...
New Cosmetic Surgery and Procedure Guidelines to take effect from 1 July 2023
The reforms include higher standards, tougher advertising requirements, and a new endorsement on registration, all of which aim to prioritise patient safety and minimise exploitation and harm in the cosmetic surgery sector. Effective from 1 July 2023, the key changes...
Confidentiality Breach leads to Cancellation of Registration
Background Patient A, an infant, was born with both male and female genitalia and was admitted to the NICU at the Hospital in which the Practitioner was employed full-time. The Health Care Complaints Commission (HCCC) alleged that between 23 and 28 June 2020, the...
Cruise ship doctor’s negligent advice leads to psychological harm
Background As a result of a genetic abnormality, Ms Waine suffered a miscarriage in April 2017. Later that year, she became pregnant again but terminated the pregnancy in October 2017 due to the presence of the same genetic abnormality. To bring some joy back to her...
Chief Psychiatrist’s application for a stay of immediate action suspension dismissed by Tribunal
The background On 15 March 2021, the (then) Minister for Health met with a person (Patient) who made allegations of inappropriate behaviour against a medical practitioner who worked at the Royal Hobart Hospital. The Minister and her staff were very concerned for the...
Immediate action suspension overturned after AHPRA investigator edited evidence
The background Dr Shah (a pseudonym) was charged with two counts of indecent assault and one count of serious criminal trespass in a place of residence. The complainant was a receptionist employed at the Medical Practice at which the Dr Shah worked as a general...