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New AMA Code of Ethics for Doctors

For the first time since 2006, the Code has been substantially revised, culminating in the Code of Ethics 2004. Editorially Revised 2006. Revised 2016. AMA President, Dr Michael Gannon, says that a Code of Ethics is essential for setting and maintaining the very high standards of ethical behaviour that society expects from the medical profession. The updated AMA Code of Ethics for the first time ...

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HR Toolbox: Edition 2 - 2017

1.  Latest Decisions   Sunday and public holiday penalty rates slashed! In an historic decision, the Full Bench of the Fair Work Commission has reduced Sunday and public holiday penalty rate structures in awards for the hospitality, retail, fast food and pharmacy industry, effective from 1 July 2017. For further details about this changes, refer to our previous blog. Long ...

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New Privacy Act Data Breach Obligations Update

Eligible Data Breaches The Act sets up a scheme for notification of ‘eligible data breaches’. An eligible data breach happens if: there is unauthorised access to, unauthorised disclosure of, or loss of, personal information held by an entity; and, the access, disclosure or loss is likely to result in serious harm to any of the individuals to whom the information relates., Examples ...

  1. Aged Care Blog, Health Blog

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Surgeon reprimanded and fined for permitting doctor not registered in Australia to perform operation

In a recent decision of the Professional Standards Committee Inquiry, a colorectal surgeon, Professor Morris, was found guilty of unsatisfactory professional conduct for knowingly enabling an overseas based doctor, Dr Sugarbaker, who was not registered under the National Law, to perform surgery on a patient. Professor Morris was involved in organising a colorectal surgery conference in Sydney in 2014....

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Slashed!

In an historic decision, the Full Bench of the Fair Work Commission has reduced Sunday and public holiday penalty rate structures in awards for the hospitality, retail, fast food and pharmacy industry, effective from 1 July 2017.  In providing its decision, the Full Bench stated, amongst other things, that:  a reduction in penalty rates will likely increase employment growth and hours ...

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Chiropractor convicted of unlawful advertising

A recent case in which a chiropractor was convicted of false advertising for claiming to be able to prevent, treat and cure cancer serves as a reminder for practitioners to make sure they properly understand their obligations and follow the National Boards’ guidelines for advertising. Section 133 of the Health Practitioner Regulation National Law (National Law) bans advertising that creates an unreasonable expectation of beneficial treatment....

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WA HACC Transition to Commonwealth

A new arrangement for home and community care and specialist disability services will come into effect from 1 July 2018, with the Commonwealth Government assuming full funding, policy and operational responsibility for these services, bringing Western Australia into line with services provided in other states. At present, the existing Western Australian HACC Programs are jointly funded Commonwealth-state ...

  1. Aged Care Blog

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Swapping your way out of redundancy

Section 389(2) of the Fair Work Act 2009 (Cth) provides that ‘a person’s dismissal was not a case of genuine redundancy if it would have been reasonable in all the circumstances for the person to be redeployed’. Notwithstanding its decision, the Full Bench confirmed that there is no general redeployment obligation for an employer to implement or facilitate a process of voluntary job swaps....

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HR Toolbox: Edition 1 - 2017

1.  Upcoming redundancies? We set out the latest ‘redundancy’ decisions from the Fair Work Commission  In a recent decision, the Full Bench of the Fair Work Commission held that an employer breached its statutory redeployment obligations by failing to consider ‘job swaps’ with other employees, who wished to accept a redundancy., To read further about this decision, click to our recent blog here....

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What is the scope of cancellation of registration when a practitioner is registered in more than one health profession?

The HCCC sought deregistration of the practitioner as both a midwife and as a nurse. It argued that the findings concerning the practitioner's conduct as a midwife were equally applicable to her knowledge and skills in the practice of nursing. The Tribunal noted that the HCCC had referred only to the practitioner's conduct in midwifery in the complaints and had only raised the issue of cancellation ...

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When a doctor can disclose information in the public interest

The revised guidance provides useful clarification on when doctors can disclose information in the public interest to protect individuals or society from risks of serious harm. The benefits to an individual or to society of the disclosure must outweigh both the patient’s and the public interest in keeping the information confidential. For example, if a disclosure would be likely to be necessary ...

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Unsigned Resident Agreements: what does this mean for aged care providers?

Aged Care Act requirements for Resident Agreements The Aged Care Act 1997 (Act) says a provider must give all prospective residents or their representatives an accommodation/resident agreement (Agreement) prior to entering care. The Agreement must set out that the person must choose to pay the accommodation payment or accommodation contribution by daily payments (DAP), refundable deposit (RAD), or a combination of both within 28 days of entry....

  1. Aged Care Blog

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