Key Legal Duties Though not an exhaustive list, key legal duties under the Corporations Act include the following: Section 180 – Duty to exercise reasonable care and diligence. This includes staying informed, monitoring financial health, and questioning assumptions....
Health Blog
Australia’s New Privacy Tort: What You Need to Know
The new statutory tort, introduced under the Privacy and Other Legislation Amendment Act 2024, has been added as Schedule 2 to the Privacy Act 1988 (Cth). It is a significant shift – especially for sectors like healthcare, where personal information is routinely...
Early Access to Super for Health Treatment: Legal and Ethical Risks for Practitioners
On 30 May 2025, Ahpra and the Dental and Medical Boards of Australia issued a joint statement expressing serious concern about reports of patients experiencing financial harm after accessing substantial superannuation funds for treatment. Practitioners were warned...
No liability in birth injury claim
Nemes v South Eastern Sydney Local Health District [2025] NSWSC 418 concerned the 2016 birth of a baby boy, Benny, at the Royal Hospital for Women. Benny later developed infantile seizures and global developmental delay. His parents brought proceedings against the...
New Guidelines for Non-Surgical Cosmetic Procedures: What Health Practitioners Need to Know Before 2 September 2025
Two documents have now been published in advance of the 2 September 2025 commencement date: Guidelines for registered health practitioners who perform non-surgical cosmetic procedures and Guidelines for practitioners who advertise higher risk non-surgical cosmetic...
Court Refuses Appeal Over Doctor’s Suspension – Important Clarification on Immediate Action Powers
This case involved a senior doctor who reported to Perth Children’s Hospital in early 2024 that he may have unintentionally caused injury to his infant son while attempting to relieve constipation. The child was found to have bruising and fractures. The doctor was...
Ahpra completes first successful prosecution for a failure to provide information as required under Schedule 6 of the Health Practitioner Regulation National Law
Background There are multiple provisions of the National Law that give either Ahpra or the National Boards the power to compel individuals to provide specified information, produce specified documents or attend before an investigator or inspector to answer questions....
Australia’s Privacy Reforms: 5 Essential Steps for Businesses
As Australian Privacy Commissioner Carly Kind emphasised, ‘2025 is going to be a big year for privacy and enforcement action’. Most of the new provisions commenced on 10 or 11 December 2024, but two significant changes will roll out later: The tort for serious...
Upcoming Changes to WA’s Industrial Relations System
Some of the key changes include: Introducing a Statutory Test for ‘characterising’ work Relationships Section 7A will be inserted into the Industrial Relations Act 1979 (WA) (IR Act), which will provide that the question of whether an individual is an employee (rather...
Australia is ‘Revving Up’ its Privacy Protections – What Businesses Need to Know
The Bill implements 23 of 25 legislative changes arising from the Commonwealth Government’s 2023 response to the Attorney-General’s Department Privacy Act Review Report. The Bill lays the foundation for significant changes aimed at strengthening privacy protections...