In a recent decision, the Administrative Appeals Tribunal (“AAT” or “Tribunal”) has held that it lacked jurisdiction to review a decision by the National Disability Insurance Agency (“NDIA” or “Agency”) not to pay certain invoices submitted by a registered NDIS...
Health Blog
Article | Aged care in 2020
In his latest article, David McMullen shares some of the evolving issues to watch in 2020. Click on the image below to read David's article which was published in the March 2020 edition of Medical Forum Magazine.
Article | Family and Domestic Violence Leave
In Jenny Edinger's and Morgan Barnsby's article, Family and Domestic Violence Leave, they share their insights on: The Australian Government's amendments of the Fair Work Act 2009 (Cth) (FW Act). The definition of family and domestic violence under the FW Act. Leave...
Case update | Practitioner’s unsatisfactory professional conduct in medico-legal assessment
It was alleged that while the practitioner and the patient were in the consultation, the practitioner failed to observe appropriate professional boundaries in that he made inappropriate personal disclosures to the patient about himself and his family. These included...
Case update | Psychiatrist struck off for posting “bizarre” rants on website
It was alleged that between January 2018 to March 2019, the psychiatrist authored a blog on his practice website which discussed bizarre beliefs about global conspiracy theories and other disturbing matters which had the potential to expose his patients to real risk...
Online directories and appointment booking platforms
In David McMullen's recent article, Online directories and appointment booking platforms: Reminders from the ACCC and the Federal Court, David shares his insights on: the ACCC's proceedings against HealthEngine in the Federal Court of Australia concerning allegations...
Hospital negligent for discharging patient without diagnosis of acute aortic dissection and causing death
Case background In October 2013, Mr Boxell experienced chest pain and was taken to the emergency department at Frankston Hospital (‘the Hospital’). Following examination, observation and investigation, no cause for Mr Boxell’s pain was found, and he was discharged...
Voluntary Assisted Dying Bill Passed
The Voluntary Assisted Dying Act 2019 was passed by Parliament on 10 December 2019 and is currently awaiting Royal Assent. However, the Act will not become operational for approximately 18 months or so, to allow time for the Voluntary Assisted Dying Board to be...
WASAT provides clarity over meaning of ‘mental disability’
Key issue Whether FY suffered from a mental disability and whether by reason of that mental disability, is FY unable to make reasonable judgments regarding her estate. Background FY applied for review of a Tribunal decision which declared her unable, by reason of...
Practitioner successful in removing conditions on registration
Issues The Applicant lodged an appeal seeking review of a decision made by the Nursing and Midwifery Council of NSW not to remove conditions imposed on her registration. The Tribunal were required to determine whether it was appropriate that the conditions be removed....