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Review on the use of chaperones: should the chaperone system be scrapped?

Currently, 47 doctors Australia-wide are under conditions requiring a chaperone as a temporary protective measure, allowing them to continue to practise whilst misconduct allegations are investigated by AHPRA. The Chaperone system requires strict monitoring and compliance, as set out in AHPRA's Chaperone Protocol. Last month, AHPRA and the Medical Board of Australia announced a review of the use of chaperones....

  1. Health Blog

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Public Health Act 2016

To provide a flexible and proactive framework for the regulation of public health, the West Australian Parliament has passed the Public Health Act 2016 with the object ‘to protect, promote and improve the health and wellbeing of the public of Western Australia and to reduce the incidence of preventable illness, and for related purposes’. The change is said to be necessary as the existing ...

  1. Aged Care Blog, Health Blog

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Updated Driver Medical Standards from 1 October

Revised guidelines for use by medical, health professionals and driver licensing authorities have been published detailing updated medical standards for the purposes of assessing fitness to drive. The new edition of Assessing Fitness to Drive comes into effect on 1 October 2016. A summary of the changes may be found here.

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Department of Health provides clarity on fees

A recent update from the Department of Health has flagged that it is now aware that an increasing number of aged care providers are or are proposing to charge additional service fees to residents. In response to this the Department has advised that such fees “would not be supported by the legislation where the fee does not provide a direct benefit to the individual or the resident cannot take ...

  1. Aged Care Blog

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Palliative care in best interests of the child

We have previously blogged about the earlier decisions in this matter. Oshin Kiszko was diagnosed with medulloblastoma in December 2015 and underwent surgical removal of the brain tumour. His parents refused conventional post-surgical treatment, and in March 2016 the Family Court made an interim order authorising commencement of chemotherapy. In May 2016, the Family Court refused to order radiotherapy ...

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A Sign of Discrimination?

Following a complaint to the Australian Human Rights Commission which terminated in September 2015, the appellant filed an application in the Federal Circuit Court seeking a declaration and orders against the respondent, a private hospital, for alleged unlawful discrimination. It was alleged that the respondent had discriminated against her as an associate of a person with a disability, being her ...

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HR Toolbox Blog

Recent decision of interest:. Interim anti-bullying orders to deal with picketing The Fair Work Commission has issued interim anti-bullying orders in a Melbourne Brewery dispute to stop five replacement workers from being approached or harassed by picketers. The picketers were protesting along the worksite’s entrance after more than 50 employees were made redundant following a contract changeover....

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HR Toolbox Blog

News and events:. Cashing out annual leave On 29 July 2016 the Fair Work Commission (FWC) updated 112 modern workplace awards to allow workers to choose to cash out some of their annual leave. The changes will allow workers to cash in 2 weeks of leave per 12-month period, and has sparked discussions about the impact on work-life balance. Click here to read more. Networking event – Perth Young Professionals Date: Wednesday 31 August Time: 5....

  1. Employment Law and Workplace Relations Blog

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Warning of material risks: Morocz v Marshman

Factual background The patient consulted the cardiothoracic surgeon about her palmar hyperhidrosis (PHH) and was provided with a brochure about the bilateral endoscopic thoracic sympathectomy which outlined the risks of the procedure. The surgeon also discussed the risks involved with the procedure during the consultation. Following surgery the patient complained of a number of health issues which did not subside overtime....

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Doctor ordered to pay patient $10,000 compensation for privacy breach

The patient and the doctor had been acquainted through their common Islamic faith and their attendance at religious services. In 2011-2012 the patient had sought treatment from the doctor for ‘panic attacks’. In 2014-2015 the patient sent several emails to the doctor, relatives and friends after renouncing his Islamic faith. In reply to an e-mail, the doctor responded to the patient ...

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Tribunal rules professional misconduct for financial exploitation of vulnerable resident

The resident had been with the aged care organisation for many years. She had an acquired brain injury, an intellectual disability and difficulty speaking. Her finances were being managed by State Trustees. Some of the resident’s money was held by the aged care organisation in an account in her name. In October 2012, the registered nurse sent an e-mail request to the financial controller indicating ...

  1. Aged Care Blog

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Workplace Bullying in Healthcare Practices

It used to be the case that there was no national legislation prohibiting workplace bullying. This meant that a worker who wanted to pursue a bullying claim had to rely on general laws such as workers’ compensation laws, anti-discrimination laws and common law claims. This changed on 1 January 2014 when new workplace bullying laws were introduced as part of the Fair Work Act 2009 (Cth), making ...

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