ACCC Deputy Chair Dr Michael Schaper has explained that ”the new law will apply when a term in a small business standard form contract: causes a significant imbalance in the parties’ rights and obligations isn’t reasonably necessary to protect the legitimate interests...
From 12 November 2016 small businesses will be afforded the same protection that consumers currently have from unfair contract terms under the Treasury Legislation Amendment (Small Business and Unfair Contract Terms) Act 2015. Businesses entering into supply...
The patient was initially restrained for some two hours in the Ward’s lounge room. Thereafter while he was still being restrained in a chair by means of a pelvic posey, the two nurses used a second pelvic posey to fasten the chair to railing in a corridor near the...
Assistant Minister for Health and Aged Care, Ken Wyatt AM, MP announced the appointment of David Tune AO PSM to lead the Aged Care Legislated Review. The changes announced to aged care in 2012 included a comprehensive review of the aged care sector in 2016-17. This...
To provide a flexible and proactive framework for the regulation of public health, the West Australian Parliament has passed the Public Health Act 2016 with the object ‘to protect, promote and improve the health and wellbeing of the public of Western Australia and to...
A recent update from the Department of Health has flagged that it is now aware that an increasing number of aged care providers are or are proposing to charge additional service fees to residents. In response to this the Department has advised that such fees “would...
The resident had been with the aged care organisation for many years. She had an acquired brain injury, an intellectual disability and difficulty speaking. Her finances were being managed by State Trustees. Some of the resident’s money was held by the aged care...
The Australian Law Reform Commission (ALRC) has released an Issues Paper for inquiry and report into Elder Abuse (found here: https://www.alrc.gov.au/publications/elder-abuse). The closing date for submissions to the Issues Paper is 18 August 2016. The inquiry will...
In Eaton v TriCare (Country) Pty Ltd [2016] QCA 139 the Queensland Court of Appeal found that an aged care facility had breached its non-delegable duty by failing to take steps to minimise the risk of a former employee developing a psychiatric illness due to...
Welcome to this month’s edition of the Panetta McGrath Aged Care Newsletter in which we discuss the recently passed Associations Incorporations Act 2015 (WA) which creates a new scheme of regulation for incorporated associations.