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Medical Board “Bonk Ban”: what you need to know

It has always been essential for doctors to maintain professional boundaries and not establish or pursue any sexual, exploitative or other inappropriate relationship with someone under their care. Such relationships are always unethical and usually harmful to patients and the wider community because of issues surrounding power imbalance, trust, safety and quality of health care. However, the new ...

  1. Health Blog

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New Interim Code of Practice for Retirement Villages (No. 2) 2018

The retirement village industry in WA will be aware that a code of practice is prescribed in respect of retirement villages from time to time. Although the existence of such a code is expressly recognised in the Retirement Villages Act 1992 (WA), it is in fact prescribed under the Fair Trading Act 2010 (WA). Until 30 September 2018, retirement villages were operating under the Interim Code of Fair Practice for Retirement Villages 2018....

  1. Aged Care Blog

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Home Care Pricing Transparency and Comparability - 30 November 2018 and beyond

In March 2018, the Minister for Senior Australians and Aged Care, the Hon Ken Wyatt AM MP, convened a policy roundtable, to discuss a proposed approach to transparency and comparability of home care pricing. This came in response to increasing concerns raised by senior Australians and their families about a lack of transparency and comparability of pricing information, and high administration prices being charged by some home care providers....

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“There’s no such thing as a permanent casual”?

The well recognised and long-standing approach has been for casual employees to receive an attractive loading to compensate for benefits typically enjoyed by permanent employees, including annual leave and sick leave. Nevertheless, in the WorkPac decision, the Full Federal Court held that a casual employee was entitled to accrued benefits (enjoyed by permanent employees) such as annual leave, based ...

  1. Employment Law and Workplace Relations Blog

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Varicose veins: risks and benefits of undergoing elective surgery

The then 58-year-old patient attended upon the vascular surgeon in April 2014 on referral from her GP regarding her varicose veins. The patient’s friend had suffered a blood clot caused by varicose veins which had broken apart and resulted in a serious condition requiring hospitalisation. In July 2014, the patient underwent varicose vein stripping surgery and later developed right hip and buttock pain requiring ongoing therapy and pain management....

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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)....

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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....

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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....

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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....

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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”)....

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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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