Acting Commissioner for Consumer Protection David Hillyard advised that the investigation will examine various contracts offered by retirement village operators to see if they breach the "unfair contract terms" provisions of the Australian Consumer Law (ACL). One...
The Report, released on 14 June 2017, follows an inquiry held to identify and model best-practice legal frameworks to promote and support older people and protect against misuse or advantage taken of formal or informal supporter roles. Elder abuse is defined as a...
The study published in the recent Medical Journal of Australia examined nursing home residents whose deaths had been reported to state coroners from 2001-2013. The study found that the incidence of premature (death which occurred sooner than necessary) and preventable...
Eligible Data Breaches The Act sets up a scheme for notification of ‘eligible data breaches’. An eligible data breach happens if: there is unauthorised access to, unauthorised disclosure of, or loss of, personal information held by an entity; and the access,...
A new arrangement for home and community care and specialist disability services will come into effect from 1 July 2018, with the Commonwealth Government assuming full funding, policy and operational responsibility for these services, bringing Western Australia into...
Aged Care Act requirements for Resident Agreements The Aged Care Act 1997 (Act) says a provider must give all prospective residents or their representatives an accommodation/resident agreement (Agreement) prior to entering care. The Agreement must set out that the...
Reforms to Aged Care legislation taking effect from 27 February 2017 will see home care packages moving with the consumer if they change home care providers. These reforms are part of the first stage of the Commonwealth Government’s reforms to the home care system....
The Privacy Amendment (Notifiable Data Breaches) Bill 2016 (‘the Bill’) was introduced in the Australian Parliament on 19 October 2016 and is currently before the House of Representatives. The Bill proposes mandatory data breach notification provisions for agencies,...
A NSW Professional Standards Committee recently found a Registered Nurse guilty of unsatisfactory professional conduct in relation to a complaint about her care and treatment of a patient in an Aged Care Service. The patient was an elderly lady with deteriorating...
The inquest In Inquest into the death of Michael James Calder, Deputy State Coroner Lock of the Coroners Court in Queensland considered the circumstances of Mr Calder’s death in the Holy Spirit Northside Private Hospital (hospital) in July 2014. Mr Calder was aged 33...