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...
Health Blog
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....
Case summary | Complete Nursing and Home Care Pty Ltd v National Disability Insurance Agency [2020] AATA 360
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...
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...