Skip to content Skip to menu

Our Blog

Our Blog

Picture of

The duty of the court to self-represented litigants

In late 2008, the applicant noticed swelling on the left side of his face and neck extending along the jaw line to a point near the left ear. Following an ultrasound examination, the applicant was referred to hospital. He attended the hospital on 12 February 2009 and was examined by Mr Chan, an ENT surgeon. Fine needle aspiration of the lump was performed and a diagnosis made of “features suggest abscess”....

  1. Health Blog

Read More

Picture of

Professional Services Review Annual Report 2015-16

In 2015/16 there was an increase in the number of investigations of Chronic Disease Management and MBS Health Assessment items. Many practitioners providing high numbers of these services were found to use computer-generated templates leading to plans with minimal content specific to the patient for whom it had been prepared. Further, some team care arrangement plans were made without ...

  1. Health Blog

Read More

Picture of

Can emails be legally binding?

What will the court look for? When determining whether or not there is a binding contract the court will look objectively at the broader context of the emails and the intention of the parties, including: whether there is any indication that the parties intended to be bound immediately;, whether there is reference to a formal contract and intention to formally sign one; and, whether offer and acceptance of a contract can be read into the emails....

Read More

Picture of

Fake Nurse convicted and ordered to pay over $40,000

Two separate actions were brought against Nicholas Crawford by the Nursing and Midwifery Board of Australia, one in Queensland and one in Western Australia in relation to 14 offences arising from his falsely claiming to be a registered health professional. Mr Crawford pleaded guilty to ‘holding himself out’ as a registered nurse in Queensland and using the protected titles of ‘nurse’ and ‘registered nurse’....

  1. Health Blog

Read More

Picture of

Considering entering a medical practice lease? Here are some key things to consider.

What you should think about before entering into a medical centre lease Considering establishing a medical practice? An important step will be finding suitable premises from where to operate, which usually involves entering into a lease of a medical centre. Entering into a commercial lease is an integral part of setting up and operating a medical practice, and it is crucial you get this right both ...

Read More

Picture of

Doctor suspended for falsifying medical records

In a recent Tribunal decision, the Medical Board’s decision to take immediate action against a practitioner by suspending his registration was upheld because the Tribunal considered the practitioner’s dishonest and unethical conduct in falsifying medical records meant suspension was necessary to protect public health or safety. The practitioner had applied to the Tribunal to set aside the Medical Board’s decision....

  1. Health Blog

Read More

Picture of

Bleach treatment of elderly patient leads to disciplinary action

A NSW Professional Standards Committee recently found a Registered Nurse guilty of unsatisfactory professional conduct in relation to a complaint about her care and treatment of a patient in an Aged Care Service. The patient was an elderly lady with deteriorating health who required assistance with all personal care. She also suffered from MRSA, a chronic skin condition which caused her torso to be covered with open wounds and scabs....

  1. Aged Care Blog, Health Blog

Read More

Picture of

HR Toolbox Blog

When is an Independent Contractor an Employee? Recent media interest in the prospective class action against Appco Group Australia raised the difficult issue of when is an independent contractor actually an employee? From an employer’s perspective, it may in certain circumstances be preferable to engage a person as an independent contractor rather than an employee. A principal contractor will ...

  1. Employment Law and Workplace Relations Blog

Read More

Picture of

Patient who suffered a stroke fails in her medical negligence claim against cardiologist

In September 2006, the patient was referred to the cardiologist for investigation of possible involvement of her heart in neurological symptoms which she had recently experienced. In her claim the patient alleged the cardiologist failed to carry out sufficient investigations and failed to diagnose or to prescribe treatment for a patent foramen ovale (PFO). On 7 June 2007 the patient suffered a stroke which left her significantly disabled....

  1. Health Blog

Read More

Picture of

In the FWO’s line of fire: A warning to all medical practice owners/doctors

The Federal Circuit Court of Australia has ordered that Windaroo Medical Surgery pay a pecuniary penalty of $39,600 for acting in contravention of sections 343 and 340 of the Fair Work Act 2009 (Cth).  The unlawful conduct included: making the following threats to coerce the doctor into not pursuing a complaint that he had made to the Fair Work Ombudsman against the surgery (Complaint); threatening ...

  1. Employment Law and Workplace Relations Blog

Read More

Picture of

Amendment of patient medical records under the FOI Act

Under the Freedom of Information Act 1992 (WA), a person has the right to apply to a government agency to amend any inaccurate, incomplete, out of date or misleading information personal information in their medical records. An agency may amend personal information by doing things such as striking out or deleting information, or inserting a note in relation to information. Information, however, ...

  1. Health Blog

Read More

Picture of

State Administrative Tribunal Annual Report 2015-2016

Vocational Regulation matters, which include disciplinary and professional regulation of health practitioners, lawyers, security agents and real estate and settlement agents, comprised only 3% of matters in the Tribunal for 2015/16 period, with 80% of those matters able to be resolved within 25 weeks of the date of lodgement - 2 weeks shorter than the Tribunal's benchmark. Matters ...

  1. Health Blog

Read More