Background The Respondent’s decision was based upon what the Respondent described as a risk to the health and safety of the public. The Applicant assisted a woman in removing her twin daughters from their father, who had been named residential parent by order of the...
Health Blog
Senate Committee report released in relation to administration of the National Law and AHPRA
Background The recommendations made are as follows: Proposed reforms to the National Law to regulate the use of the title ‘surgeon’ should undergo broad consultation and be progressed as a priority. AHPRA and national boards should introduce a more flexible...
Notification of facts which might give rise to a claim – Who can notify?
Background Between January 2015 and January 2018 Dr Darshn, a cosmetic surgeon, performed breast augmentation surgery at The Cosmetic Institute Pty Ltd (TCI). He held professional indemnity insurance with Avant from 27 September 2011 to 30 June 2019 and then with...
Delay in pancreatic cancer diagnosis did not impact terminal diagnosis
Facts In the evening on 25 December 2017, the plaintiff presented to the Emergency Department at the Hospital. The plaintiff had central chest pain associated with shortness of breath and nausea. Blood tests and a chest X ray were done. Later that evening the...
Best interests test prevails over Gillick competence in permitting COVID-19 vaccination of a child
FACTS In the context of an undetermined custody dispute, Child A, who was 15 years old, wished to be fully immunised against COVID-19. She received her first COVID-19 vaccine in November 2021 and wanted to proceed with the second and third doses in the usual course....
Dealing with Employees’ Requests For Leave During the Pandemic
COVID19 illness of an employee or of an employee’s dependent; employees having to quarantine or self-isolate; employees having to home school children; employees not being able to source care for children and elderly or disabled relatives due to a lack of service...
Critical Worker Policy – What you need to know
As announced today, from 12.01am on Thursday, 10 March 2022 the “very high” caseload setting will take effect, allowing all eligible industries (identified below) to implement the Policy. Before an employer can apply the Policy it must first register their critical...
Tribunal finds allegations of sexual assault on sedated patients unsubstantiated
Background The practitioner is a gastroenterologist and hepatologist who regularly performs colonoscopies and rectal examinations on sedated female patients. Allegations were made against the practitioner regarding two incidents of digital vaginal penetration of two...
Not a fact finding exercise: Supreme Court dismisses Board appeal on immediate action
The appeal was principally concerned with the statutory interpretation of section 156(1)(a) of the National Law. That section provides, relevantly, that the Board may take immediate action if the Board reasonably believes that: because of the practitioner’s conduct,...
Case Summary | Queensland GP avoids suspension following sex with patient
Background Patient A was a patient of the practitioner for 7 years (from 2011 to 2018), during which time he provided her general medical services, prescriptions and antenatal care. In September 2015, the practitioner employed Patient A on a casual basis at his...