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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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HR Toolbox Edition 15 - 2018

Latest decisions An unusually close relationship between an employee and employer nullifies bullying claim, Ms McCutcheon, who was employed as an area manager with a wine wholesaler alleged that she was subjected to repeated unreasonable behaviour during the course of her employment. Amongst the allegations, Ms McCutcheon claimed that the wine wholesaler’s Managing Director, inappropriately ...

  1. Employment Law and Workplace Relations Blog

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Court orders brain surgery on 12-month-old baby against parents’ wishes

Baby K was born on 22 July 2017 with cortical dysplasia in the left hemisphere of his brain. As a consequence, K suffers from a form of epilepsy that is unresponsive to medication. He has spent 10 of his 12 months of life in Lady Cilento Children’s Hospital in Brisbane due to his severe and frequent seizures. K has undergone various treatments, including anticonvulsive drugs, a trial of cannabis oil and ketogenic diet, which have proved largely ineffective....

  1. Health Blog

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Nanny-cams and Home Care Services

Laws relating to surveillance cameras and devices operate at the state and federal level. In WA the applicable Acts are the Privacy Act 1988 (Cth) and the Surveillance Devices Act 1998 (WA), as well as statutory obligations arising under occupational health & safety legislation. It is an offence under the Surveillance Devices Act to install, use or maintain: listening devices to record ...

  1. Aged Care Blog

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Doctor denied procedural fairness by Tribunal

Proceedings had been commenced in the Tribunal by the Medical Board alleging a breach of professional boundaries, sexual misconduct, misleading entries in clinical notes and making false statements to AHPRA and the Board. Following conferral between the parties, a document entitled "Minute of Proposed Orders" was signed by the solicitors acting for the parties. The Minute took the form of an order ...

  1. Health Blog

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HR Toolbox Edition 14 - 2018

Latest news Minimum wage increase, The Fair Work Commission’s Minimum Wage Panel recently decided to increase the national minimum wage including all modern award rates by 3.5% effective 1 July 2018 based on the “economic indicators now pointing more unequivocally to a healthy national economy and labour market ”. Moving forward, employers need to ensure that any applicable ...

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No obligation on Tribunal to make all or any combination of protective orders available

Following the making of findings of professional misconduct against a registered nurse who had commenced a sexual relationship with a patient under his care in a psychiatric facility, the nurse consented to a package of orders which included (1) cancellation, (2) disqualification and (3) prohibition. Despite the nurse's consent and the absence of any argument about protective orders, the Tribunal made only one of the protective orders, being (1) cancellation....

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HR Toolbox Edition 13 - 2018

Latest news Launch of Online Unfair Dismissals Benchbook, The Fair Work Commission has launched an interactive online version of the unfair dismissal benchbook on 24 April 2018. This is a helpful resource for businesses as it explains key principles of unfair dismissal case law in plain English and case summaries applying relevant principles. To review the benchbook, click here. Family ...

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Services and places in aged care & Government spending on aged care

GEN Services and places in aged care reports on the services providing aged care and the number of places provided. The data have been updated through to 30 June 2017., GEN Government spending on aged care reports on government spending on aged care services. The data have been updated for the financial year 2016-17. Commonwealth and state funding are included.,

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Hospital, obstetrician sued for negligence after stillbirth of baby

Background On 13 January 2011, KS was admitted to Calvary Private Hospital. She was a patient of Dr Foote, an obstetrician and gynaecologist, and was pregnant with her first child. By 13 January 2011 the baby was one week overdue and it had been agreed that KS would be induced. After arriving at hospital at about 4:30 pm, she was attached to a foetal heart rate monitor. By 4.58 pm abnormalities ...

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Peer professional opinion and irrationality

In South Western Sydney Local Health District v Gould [2018] NSWCA 69, the NSW Court of Appeal overturned the District Court decision in which the appellant had been found liable in negligence for the treatment of an 8 year old boy’s open fracture to his left thumb – specifically, for failing to administer an additional antibiotic drug (gentamicin). Ultimately, the boy developed osteomyelitis and gangrene in his thumb, which consequently required amputation....

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HR Toolbox Edition 12 - 2018

Latest news Single Touch Payroll, The ATO will introduce the Single Touch Payroll (STP) Reporting system on 1 July 2018 for employers with over 20 employees and 1 July 2019 for employers with 19 or less employees. The objective of STP is to provide payroll data including superannuation, in “real time” across government platforms including the Departments of Human Services, Immigration and ASIC concurrently with the employer’s usual pay run....

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