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Posts by Prue

ANTI SOCIAL MEDIA
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ANTI SOCIAL MEDIA

A doctor has been reprimanded and suspended for his comments in online forums promoting violence against woman and racism. Dr Christopher Kwan Lee, who was employed by the Tasmanian Health Service and then worked as an emergency doctor at Box Hill Hospital in Victoria has also been asked to step down from his position while the health district completes its own, separate investigation. Dr Lee ...

  1. Health Blog

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Preventable death finding highlights risks posed by violent residents
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Preventable death finding highlights risks posed by violent residents

Betty Quayle was 89 years of aged when she died on 31 May 2013.  Mrs Quayle resided at an aged care residential facility in Cairns. Resident A also resided at the same aged care residential facility.  Resident A was 74 years old and suffered from cognitive impairment, consistent with alcohol related dementia. At about 3:00am on 30 May 2013, Resident A wandered from his wing and inadvertently into Mrs Quayle’s room....

  1. Aged Care Blog, Health Blog

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Recommendation for mandatory RN care in residential aged care facilities

The House of Representatives Standing Committee on Health, Aged Care and Sport released the final report on Quality of Care in Residential Aged Care Facilities on 22 October 2018 (the Report).  The Report comes after a series of government inquiries into aged care and with the aged care royal commission being called toward the end of the inquiry (the Terms of Reference of which can be read here)....

  1. Aged Care Blog

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Failure to warn gives rise to wrongful birth claim: Nouri v Australian Capital Territory [2018] ACTSC

Saba Nouri was born on 3 November 2011 to the plaintiffs with severe disabilities. Saba’s disabilities were characterised as VACTERL association – a collection of vertebral, anorectal, cardiac, tracheo-oesophageal, oesophageal, renal and limb abnormalities. The plaintiffs submitted that the hospital should have informed them about concerns for Saba’s health that arose during the pregnancy....

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Coroner seeks strategies for managing residents with dysphagia

Paul Milward was aged 53 at the time of his death on 31 August 2015 and resided at an aged care residential facility. Mr Milward suffered from Huntington's disease, depression, gastro-oesophageal reflux disease and asthma.  He was on numerous medications.  It was noted in Mr Milward’s aged care record that he required assistance with activities of daily living and mobility due to involuntary movements (chorea) as a result of Huntington's disease....

  1. Aged Care Blog

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RISK ALERT: A non-renewal of a term contract may now be considered a dismissal by the employer

Generally, under the Fair Work Act 2009 (Cth) (FWA) an employee can only bring an unfair dismissal claim if their employment has been terminated at the initiative of the employer. Prior to the decision of the Full Bench of the Fair Work Commission in Saeid Khayam v Navitas English Pty Ltd t/as Navitas English [2017] FWCFB 5162 (Navitas) an employee under a term contract that expired and was not ...

  1. Employment Law and Workplace Relations Blog

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New liabilities and higher penalties - recent changes to the Fair Work Act

We summarise below the key changes to the FW Act that may impact on you or your business: Higher penalties The maximum penalties for civil remedy provisions of the FW Act have now increased tenfold.  An employer who seriously contravenes their obligations under certain provisions of the FW Act may be liable for up to $126,000 per contravention where the employer is an individual and up to $630,000 where the employer is a corporation....

  1. Employment Law and Workplace Relations Blog

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Move to mandate staffing ratios

The Aged Care Amendment (Ratio of Skilled Staff to Care Recipients) Bill 2017 is seeking “to enhance the level of care provided by aged care facilities nation-wide” according to Senator Derryn Hinch’s Second Reading Speech. The Bill proposes that a minimum adequate and safe ratio of appropriately skilled staff to care recipients be mandated in the Quality of Care principles, based ...

  1. Aged Care Blog

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Tribunal makes orders for reprimand and rehabilitation

In Medical Board of Australia v GMZ, a practitioner was found to have self-administered schedule 4 drugs over a period of 6 years that had not been legitimately prescribed to him.  The practitioner had also made false representations to obtain the drugs and forged prescriptions on his father’s prescription pad. The practitioner’s name was suppressed on the basis that its publication would be deleterious to his rehabilitation....

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Prue Campbell