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Voluntary Assisted Dying Bill Passed

The Voluntary Assisted Dying Act 2019 was passed by Parliament on 10 December 2019 and is currently awaiting Royal Assent. However, the Act will not become operational for approximately 18 months or so, to allow time for the Voluntary Assisted Dying Board to be established and a service delivery framework and clinical guidelines developed to ensure that the process is undertaken safely and in accordance with the legislation....

  1. Aged Care Blog, Health Blog

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Strengthened regulation of restraints in aged care: A significant legal reform?
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Strengthened regulation of restraints in aged care: A significant legal reform?

In the Department’s words, the legislation now: ‘makes it clear restraint must always be used as a last resort’;, ‘refers to state and territory legislation which regulates the responsibility for prescribers to gain informed consent for chemical restraint’; and, ‘requires a review of the first 12 months of the operation of the restraint regulations ...

  1. Aged Care Blog

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WASAT provides clarity over meaning of ‘mental disability’

Key issue Whether FY suffered from a mental disability and whether by reason of that mental disability, is FY unable to make reasonable judgments regarding her estate., Background FY applied for review of a Tribunal decision which declared her unable, by reason of mental disability, to make reasonable judgments in respect of matters relating to her estate. FY was found to have a mental disability and an administrator was appointed....

  1. Health Blog

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Practitioner successful in removing conditions on registration

Issues The Applicant lodged an appeal seeking review of a decision made by the Nursing and Midwifery Council of NSW not to remove conditions imposed on her registration. The Tribunal were required to determine whether it was appropriate that the conditions be removed. Background The Applicant for several years had dealt with mental health issues, which in some instances resulted in periods of treatment in and out of hospital....

  1. Health Blog

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WA Country Health Service defends claim of medical negligence
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WA Country Health Service defends claim of medical negligence

Key issue The Plaintiff alleged that: a medical officer at the Hospital incorrectly recorded on a discharge summary sheet that an injury to his left acromioclavicular (AC) joint was a subluxation rather than a dislocation; and omitted to refer him to seek orthopaedic review to determine the most appropriate form of treatment for his injury; and, the Hospital’s failures gave rise to ...

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Applicants successful in pelvic mesh implantation devices class action

 Key points The law does not require goods to be completely free from risk, but it does require manufacturers and suppliers to disclose those risks to the prospective consumer and to continually evaluate and advise of their safety., Manufacturers of medical devices cannot avoid liability simply on the basis of:, being certified as meeting the applicable safety standards (e....

  1. Health Blog

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Could a patient's super pay for their dental treatment?
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Could a patient's super pay for their dental treatment?

In David McMullen's recent article, Could a patient's super pay for their dental treatment?, David shares his insights on: Early access to superannuation on compassionate grounds for medical treatments including dental., Dentist's role in certifying applications for early release., Commonwealth Government's review of the framework for early release of superannuation benefits on compassionate ...

  1. Health Blog

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Royal Commission and open disclosure hot topics at ACSA WA symposium
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Royal Commission and open disclosure hot topics at ACSA WA symposium

David provided a legal analysis of the Royal Commission’s Interim Report and Gemma joined Ray Glickman (Principal – From Left Field) and Wendy Barrett (Advocate Team Leader – Advocare) for a panel discussion on open disclosure. Here we share our top 5 takeaways on these topics. Royal Commission into Aged Care Quality and Safety - a legal analysis of the Interim Report At this stage all we have is a report that is necessarily interim in nature....

  1. Aged Care Blog

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Mind the Gap | Keep a vigilant watch on workplace non-compliance issues
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Mind the Gap | Keep a vigilant watch on workplace non-compliance issues

Reflecting on the effect of these changes and trends in relation to some workplace matters, we comment below on the current requirements and some of the key takeaways for employers.  We have selected and focused on a few emerging compliance issues that we have observed during the past 3-6 months including, but not limited to: Record-keeping obligations;, Annual leave accrual on workers’ ...

  1. Employment Law and Workplace Relations Blog

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Quality of Care Principles - current attempts to minimise use of restraints in aged care
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Quality of Care Principles - current attempts to minimise use of restraints in aged care

The Quality of Care Principles under the Aged Care Act 1997 were amended with the aim of minimising the use of physical and chemical restraints in residential aged care, effective 1 July 2019. The amendments came in a climate of adverse media coverage (notably, images on television of residents with dementia being strapped to chairs) and scrutiny from the ongoing Royal Commission into Aged Care Quality and Safety....

  1. Aged Care Blog, Health Blog

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Important changes to the Aged Care Award 2010
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Important changes to the Aged Care Award 2010

Key changes Changes to the Award include: Minimum engagement requirement for part time and casual employees from 25 October 2019;, Level 4 classification to include personal care workers who do not hold a relevant Certificate III qualification from 25 October 2019; and, Casual weekend and public holiday pay rates increase from 1 July 2020., Overview of key changes Minimum engagement ...

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The AMA 10 Minimum Standards for Prescribing

The AMA has released its new 10 Minimum Standards for Prescribing to ensure patient safety and high-quality health care. The AMA’s new Prescribing Standards are consistent with medical ethics and frameworks for the quality use of medicines, and were developed to make clear the minimum standards required of all prescribers authorised to prescribe S4 and S8 medications. The 10 Minimum Standards ...

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