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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....

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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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Mere chance or possibility to have achieved a better outcome insufficient for appeal

Key issues In this case, the Court of Appeal was required to determine whether the trial judge had erred in finding that hospital’s medical practitioners had requisite expertise to provide treatment advice; in finding loss was no more than loss of a mere chance of better medical outcome; and in weight given to evidence as to usual practice., Background The Applicant had sustained ...

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Stroke victim unsuccessful in negligence claim against doctor and health service

Key issues In this case the Court was required to determine whether the Plaintiff’s stroke symptoms progressed despite, not because of, the administration of thrombolysis treatment., The case highlights the difficulty of demonstrating causation in medical negligence cases, particularly in the absence of medical evidence., Background The Plaintiff claimed damages for personal injury ...

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Impaired practitioners: not automatically precluded from practice

Key issues In DYB v Medical Board of Australia [2019] NSWCATOD 162, the Tribunal considered the concept of “impairment” for practitioners and its application under the National Law., The decision confirms that with appropriate medical support many practitioners with an impairment are able to practise without affecting the health and safety of the public., Background In 2015, Dr DYB surrendered her registration due to her health....

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Contractual indemnities - Why give them? Why ask for them?

It is always important to understand what is actually being agreed when you ask for or commit to an indemnity provision. Please click on the image below to download an article by David McMullen which was originally published by the Australian Dental Association in 'Western Articulator.' In addition to dentists this article is relevant to other health care practices. 

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Individuals and small businesses protected against unfair contract terms
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Individuals and small businesses protected against unfair contract terms

The ACL is found in Commonwealth legislation and also applies as a law of Western Australia by operation of the Fair Trading Act 2010 (WA). This article by David McMullen outlines what constitutes an unfair contract term, who the laws apply to and what happens if a contract term is unfair. Please click on the image below to download the article originally published in the Australian Dental Association WA Branch's Western Articulator....

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Panetta McGrath Lawyers and Bentleys (WA) share insights on the new Standard 8 in aged care
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Panetta McGrath Lawyers and Bentleys (WA) share insights on the new Standard 8 in aged care

David McMullen from Panetta McGrath and Chris Nicoloff from Bentleys (WA) teamed up this week to present a multidisciplinary discussion centering on the new Standard 8 - Organisational Governance. The session was well represented by members of the aged care sector. We share observations and key themes from the presentation and audience below. Observations and key themes  Standard 8 is new....

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Interim Code of Practice for Retirement Villages (No. 2) 2019
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Interim Code of Practice for Retirement Villages (No. 2) 2019

What is the RV Code? The retirement village industry in WA will be familiar with predecessors to the ‘new’ RV Code. Except for the title, the RV Code is in fact the same as the interim code of practice before it (and several before that) – with the immediate predecessor expiring on 30 September 2019. The RV Code is prescribed under the Fair Trading Act 2010 (WA). In short, it ...

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