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So you’re a home care provider who enters into brokerage arrangements … or are you?
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So you’re a home care provider who enters into brokerage arrangements … or are you?

‘Brokerage’ is a term frequently used by home care providers. In our experience it has become a term used to describe a number of situations in which providers use a third party to deliver services to a care recipient (ie client). In truth, an approved provider who engages a third party service provider can do so under a brokered model (as an agent) or under a subcontracting arrangement (as principal to a subcontractor)....

  1. Aged Care Blog

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Medical emergencies – is there a doctor on board?
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Medical emergencies – is there a doctor on board?

Last week, a two month old infant died on board an AirAsia flight from Kuala Lumpur to Perth. The tragic death followed an inflight medical emergency where the distressed baby was soon noticed to be grey in colour and struggling to breathe. The baby was treated immediately upon landing in Perth but was unable to be resuscitated. This very unfortunate incident raises a common question amongst the ...

  1. Health Blog

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Not-For-Profits: It’s Ok to be ‘Profitable’
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Not-For-Profits: It’s Ok to be ‘Profitable’

Not-for-profit organisations from time to time seek advice from us before embarking on an exciting new commercial or income-generating venture. Often, they are prompted to seek advice because they are concerned with ensuring that they do not compromise their not-for-profit and/or charitable status. Not-for-profit organisations must of course, by their very nature, not generate a profit for their members....

  1. Aged Care Blog

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Anaesthetist who undertook unnecessary rectal examination succeeds in staying suspension of his registration
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Anaesthetist who undertook unnecessary rectal examination succeeds in staying suspension of his registration

An anaesthetist who undertook a clinically unnecessary rectal examination of an anaesthetised patient at the alleged encouragement of the colorectal surgeon performing the procedure was successful in having the suspension of his registration stayed until his appeal against the suspension is heard in full. Dr Adam Hill’s registration was suspended by the Medical Council of New South Wales on and from 4 March 2019....

  1. Health Blog

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HR + Employment Law: Latest Alert Edition 18 - 2019
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HR + Employment Law: Latest Alert Edition 18 - 2019

Latest News The Mental Health Code of Practice has been launched this week by the Department of Mines, Industry Regulation and Safety, following extensive public consultation. Whilst this is a mandatory resource specifically for those on a FIFO roster within the resources and construction sector, it provides useful guidance more generally to employers with an interest in the mental health of their workforce....

  1. Employment Law and Workplace Relations Blog

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Redetermination of Penalty following Appeal provides similar outcome
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Redetermination of Penalty following Appeal provides similar outcome

On 31 January 2017 the State Administrative Tribunal handed down its initial decision finding that the Doctor’s conduct in relation to a Patient constituted a serious breach of professional boundaries and sexual misconduct. In addition, the Tribunal found that the Doctor’s misleading medical notes on the Patient and his prolonged course of conduct between 18 November 2013 and 15 April 2015, ...

  1. Health Blog

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Dealing with the Professional Services Review Agency
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Dealing with the Professional Services Review Agency

There have also been record increases in the number of referrals made and in the number of services falling under scrutiny in each review. Whereas, traditionally, general practitioners have been the PSR’s primary focus, greater diversity of speciality is a continuing trend with more dentists, chiropractors, nurse practitioners, independent midwives and optometrists finding themselves subject to the PSR’s processes in the last year....

  1. Health Blog

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Preventable death finding highlights risks posed by violent residents
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Preventable death finding highlights risks posed by violent residents

Betty Quayle was 89 years of aged when she died on 31 May 2013.  Mrs Quayle resided at an aged care residential facility in Cairns. Resident A also resided at the same aged care residential facility.  Resident A was 74 years old and suffered from cognitive impairment, consistent with alcohol related dementia. At about 3:00am on 30 May 2013, Resident A wandered from his wing and inadvertently into Mrs Quayle’s room....

  1. Aged Care Blog, Health Blog

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Informed consent and usual practice of doctors
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Informed consent and usual practice of doctors

On 21 January 2013, the plaintiff jumped from the balcony of a second storey building, intending to land in the swimming pool below. Unfortunately, he missed the pool and suffered comminuted fractures to the calcaneal bones in each ankle. He was taken to the Royal Melbourne Hospital (the defendant’s hospital), where he was treated conservatively. He was discharged five days later, and subsequently ...

  1. Health Blog

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A Legal Analysis of the Similarities and Differences Between Retirement Villages and Strata Titles in WA
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A Legal Analysis of the Similarities and Differences Between Retirement Villages and Strata Titles in WA

  This discussion comes about because (legal definitions aside for the moment) to many ageing persons and/or their family, at its most basic level a retirement community might be little more than: a community of retired people; , accommodated within a complex that is: appropriately-designed; and , managed in a way appropriate to the needs of its residents. , ...

  1. Aged Care Blog

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 £37 million Damages awarded in UK Clinical Negligence claim
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£37 million Damages awarded in UK Clinical Negligence claim

A 6 year old boy was awarded £37 million  (AUD$67.39) after suffering catastrophic brain damage following a delay in administering anti-viral medication.  The Claimant contracted the Herpes Simplex virus at birth at Watford General Hospital in 2012.  He suffered significant cognitive and motor impairment, eyesight and communication problems and behavioural issues. Liability was admitted and an apology was given at an early stage....

  1. Health Blog

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Peer Professional Opinion Defence Rejected Again
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Peer Professional Opinion Defence Rejected Again

Mr Frangie (the Deceased) suffered a heart attack at home. He was taken to Liverpool Hospital where, following investigations, it was found he had suffered a ST elevation myocardial infarct (STEMI). As it was likely that the Deceased had been suffering the heart attack for at least a day prior to attending hospital, his late presentation suggested that his prognosis was poor. He was discharged after 5 days, on 18 November 2016, but died at home on 21 November 2016....

  1. Health Blog

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