The Background Dr Piesse accepted liability for five serious allegations, namely: Signing 149 false immunisation exemption certificates for unvaccinated children between January and August 2017 in circumstances where he knew they did not meet the statutory criteria...
Health Team
12 commandments to mitigate Ahpra notifications
While the receipt of a notification is not within your control, what you do in caring for your patients – from an initial consult through to discharge – certainly is. And while it is the quality of the care which is critically important, the documentation of such care...
Case Summary | Suspended final year medical student unable to complete studies
The Background Mr Hyland, a final year medical student, had his registration suspended by the Medical Council of NSW (Council) in August 2021. The Council had received a notification that Mr Hyland had been charged with multiple domestic violence and common assault...
Using contracts to avoid liability in negligence | When it might work, and when it might not.
Australian Consumer Law Under the Australian Consumer Law (“ACL”) suppliers automatically provide consumers with certain statutory guarantees for the goods and services that they purchase. A supplier is anyone who, in trade or commerce, sells goods or services to a...
Case Summary | Damages for unplanned birth following failed sterilisation procedure
The background Ms O’Loughlin (the Plaintiff), a mother of six children at the relevant time, was advised by Dr McCallum (the First Defendant) to consider a sterilisation procedure after the birth of her sixth child. The Defendant had recommended the sterilisation...
Case summary | Federal Court challenge to Professional Services Review dismissed
The key issues Dr Karmakar challenged the validity of each stage of the PSR process and sought: a declaration that the decision by a delegate of Medicare (the Delegate) to ask the Director of PSR Agency (the Director) to review her practice was invalid; a declaration...
Avoiding an AHPRA complaint: how to mitigate the risk
The expression applies as much to events happening in our lives, as it does to health practitioners who seek to avoid the dreaded notice from AHPRA advising of a notification or investigation about them. Practitioners do not have the luxury of selecting their patients...
Record-keeping and reporting requirements for the COVID-19 and influenza vaccines
Whilst no directive from the WA Government has been published, the Federal Government has introduced legislation outlining the record-keeping and reporting requirements that apply both to the COVID-19 vaccine and the influenza vaccine, which are summarised below. Care...
Case summary | Failure to attend health assessment
The key issue Whether EEB’s conduct could be considered unprofessional conduct or professional misconduct under the National Law, and the most appropriate penalty. The background On 20 January 2017, the Board decided to take immediate action against EEB by way...
Case summary | GP’s registration cancelled after inappropriate prescription of drugs
The key issue The Tribunal was required to determine the appropriate disciplinary sanction to be imposed. The background The Health Care Complaints Commission (HCCC) commenced disciplinary proceedings against the respondent alleging unsatisfactory professional...