The House of Representatives Standing Committee on Health, Aged Care and Sport released the final report on Quality of Care in Residential Aged Care Facilities on 22 October 2018 (the Report). The Report comes after a series of government inquiries into aged care and...
Prue Campbell
Failure to warn gives rise to wrongful birth claim: Nouri v Australian Capital Territory [2018] ACTSC
Saba Nouri was born on 3 November 2011 to the plaintiffs with severe disabilities. Saba’s disabilities were characterised as VACTERL association – a collection of vertebral, anorectal, cardiac, tracheo-oesophageal, oesophageal, renal and limb abnormalities. The...
Coroner seeks strategies for managing residents with dysphagia
Paul Milward was aged 53 at the time of his death on 31 August 2015 and resided at an aged care residential facility. Mr Milward suffered from Huntington's disease, depression, gastro-oesophageal reflux disease and asthma. He was on numerous medications. It was...
RISK ALERT: A non-renewal of a term contract may now be considered a dismissal by the employer
Generally, under the Fair Work Act 2009 (Cth) (FWA) an employee can only bring an unfair dismissal claim if their employment has been terminated at the initiative of the employer. Prior to the decision of the Full Bench of the Fair Work Commission in Saeid Khayam v...
New liabilities and higher penalties – recent changes to the Fair Work Act
We summarise below the key changes to the FW Act that may impact on you or your business: Higher penalties The maximum penalties for civil remedy provisions of the FW Act have now increased tenfold. An employer who seriously contravenes their obligations under...
Move to mandate staffing ratios
The Aged Care Amendment (Ratio of Skilled Staff to Care Recipients) Bill 2017 is seeking “to enhance the level of care provided by aged care facilities nation-wide” according to Senator Derryn Hinch’s Second Reading Speech. The Bill proposes that a minimum adequate...
Tribunal makes orders for reprimand and rehabilitation
In Medical Board of Australia v GMZ, a practitioner was found to have self-administered schedule 4 drugs over a period of 6 years that had not been legitimately prescribed to him. The practitioner had also made false representations to obtain the drugs and forged...