It was agreed that the video was sent to the nurse in a WhatsApp group called ‘Christ is Coming Soon’ with the caption “be careful who you leave your kids with”. The nurse gave evidence that she went to the police station to report the video at the time, but was told...
Health Blog
Legislation update | Update on strata reforms in Western Australia
You can see our previous update on strata title reforms and new community titles legislation here. The amended Act seeks to implement: Better information for strata buyers; More efficient dispute resolution; A fairer process for scheme termination; Improvements to...
COVID-19 | Leasing in Western Australia
With many businesses and individuals facing pandemic-caused financial difficulty, leasing has emerged as an important focus area for Government economic and policy responses. With many businesses and individuals facing pandemic-caused financial difficulty, leasing has...
COVID-19 | Avoiding contractual obligations where necessary – What are your options?
As a matter of general contract law, where a party voluntarily enters into a contract, the usual legal position is one of ‘absolute liability’. The contract will be binding on the party, and all of their obligations must be performed. In the context of COVID-19,...
Legislation update | New laws provide avenue for research or novel treatment for people who do not have capacity to consent
The Guardian and Administration Amendment (Medical Research) Bill 2020 came into operation on 6 April 2020. Prior to this, if a person had lost capacity to make his or her own treatment decisions, even if only for a short period, medical practitioners were not...
Case summary | Self-represented plaintiff awarded damages for failed dental implant procedure
Background In April 2015, Mr Jones received treatment from Dr Braund for the removal of all of his maxillary teeth (on the upper jaw) and the administration of the ‘All-on-4’ implant procedure to replace those teeth. Mr Jones had a history of problems with his teeth,...
Case summary | National Home Doctor Service successfully quashes Professional Review Services decision
The National Home Doctor Service (NHDS) successfully brought an application to set aside the Director of the Professional Services Review’s (Director) decision to set up and refer to a Committee (pursuant to section 93 of the Health Insurance Act 1975) regarding the...
Case summary | Immediate action on grounds of public interest examined
In August 2019 the Medical Board took immediate action against a doctor who had made comments on social media which the Board considered to be denigrating, demeaning and slurring of medical practitioners who provided termination of pregnancies and treated patients...
COVID-19 | Telehealth and managing medico-legal risks
The new telehealth arrangements are a vital measure so that patients can access care without increasing their risk of exposure to, or spreading, the coronavirus. However, while telehealth may seem more informal compared to a physical consultation, it is important that...
COVID-19 | An employer’s timely response
Key issues Some of the more challenging business decisions under consideration by employers during the current period include: Resizing their business operations; Temporary business closure or stand down of employees; and Termination of employment and/or redundancies....