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Royal Commission Terms of Reference released

As expected, the Terms of Reference are broad and they can be reviewed here. Of note, the Terms outline the scope of the quality and safety matters that the Commission will look at which include, but are not limited to: dignity, choice and control, nutrition, medication management, end of life care, systems to ensure that high quality care is delivered, such as governance arrangements and management support systems....

  1. Aged Care Blog

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HR Toolbox Edition 16 - 2018

Latest news Senate Inquiry into Gig Economy, The Future of Work Report (the Report) has been released by the Select Committee on the Future of Work and Workers (established by the Senate) after a year-long inquiry to “report on the impact of technological and other change on the future of work and workers in Australia”…including relevantly “employment status and working patterns of Australians”....

  1. Employment Law and Workplace Relations 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....

  1. Health Blog

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ROYAL COMMISSION INTO AGED CARE QUALITY AND SAFETY

The Royal Commission into Aged Care Quality and Safety is to examine the quality of care in residential and home care services provided to senior Australians, as well as to younger persons with disability who are living in residential aged care. The calling of the Royal Commission will bring a dramatic escalation in media glare and public scrutiny to the Aged Care sector – a sector that has already endured 20 aged care reviews in the last 20 years....

  1. Aged Care Blog

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Another inquiry into aged care? What is the Aged Care Royal Commission, and how will it be different?

Prime Minister Scott Morrison has announced the Government's decision to ask the Governor General to establish a Royal Commission into the aged care sector.  This is not the first government investigation into aged care in recent history. What is a Royal Commission? A Royal Commission is a public inquiry established under the Royal Commissions Act 1902 (Cth) (“Royal Commissions Act”)....

  1. Aged Care Blog

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Report of the Joint Select Committee on End of Life Choices

The report recommends the introduction of a bill for voluntary assisted dying, which should be drafted in consultation with a panel of experts, including health and legal professionals and health consumers. The framework proposed by the report differs from the Victorian legislation in that eligibility for assisted dying is not dependent on a timeframe in which it is anticipated that the person will ...

  1. Aged Care Blog, Health Blog

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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 ...

  1. Employment Law and Workplace Relations Blog

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