The key issue Whether the agreed position between the parties with respect to the penalty was appropriate. The background Between March 2010 and April 2018, the pharmacist initiated an intimate personal relationship with Patient 1, who was also an employee at...
The key issues Whether the respondent had breached his duty of care in failing to remove all hardware from the appellant’s ankle in or around 2010. Whether the alleged breach of duty was causative of the appellant’s subsequent ankle infection in 2017. The background...
The key issue Whether the risk to the public and the public interest were such that Dr Rizwan Sami (Dr Sami) should be suspended from practice until the disciplinary proceedings were concluded. The background Dr Sami was a general practitioner who consulted the...
The key issue The treatment of sexual misconduct allegations by way of immediate action. The background The patient presented to her GP on 27 August 2020 with ongoing chest pain, reporting that she was stressed and had done some physical work with horses the previous...
This year’s Budget has been widely regarded as fundamental to a reform of Australia’s aged care system. A need for reform means a need for funding The need for reform is well known in light of the Royal Commission into Aged Care Quality and Safety. The Commission’s...
Jennifer Kimber v Sapphire Coast Community Aged Care Ltd [2021] FWC 1818 In early 2020, the New South Wales Government issued a public health order (PHO) requiring any person entering the facility to have an up-to-date vaccination against the flu. In accordance with...
In his recent article, David McMullen provides insights on: What constitutes a reasonable and valid restraint; When a restraint might be unenforceable; and The consequences of breaching a restraint. Please click on the image below to download the article which was...
During the past couple of years, a legal battle between the GP corporate Healius and the Australian Tax Office has been running through the courts. It is of interest to many doctors because it appears to relate to an issue that’s wrapped in much emotion for the...
The key issue The key issue in this case is boundary violations. The background The respondent treated the patient on about 30 occasions between 2004 and 2009, before a consultation in October 2009 during which they expressed a mutual interest in one another...
The key issues The issues of this case include: Holding out others as medical practitioners; Dishonest conduct with the regulator; and Deception of patients for personal financial gain. The background Between June and November 2016, the respondent admitted that he:...