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Continued Suspension not in public interest
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Continued Suspension not in public interest

In April 2019 Julia Wilcock reported on the Tribunal's decision to stay the suspension of the anaesthetist pending his appeal in the matter. Click here to read Julia's post and the background to the case. Last week, the Tribunal delivered its decision on the practitioner's appeal. Click here to read the decision in Hill v Medical Council of New South Wales [2019] NSWCATOD 97. On Appeal, the Medical ...

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HR + Employment Law: Latest Alert - Edition 20 June 2019
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HR + Employment Law: Latest Alert - Edition 20 June 2019

Latest News Minimum wage increase The Fair Work Commission has handed down its decision to increase the national minimum wage by 3% or $19.49 per hour for adults effective 1 July 2019. On that basis, we encourage employers to compare their current rates under any Enterprise Agreement and ensure compliance with the Federal national minimum increase.  To review the decision handed down by ...

  1. Employment Law and Workplace Relations Blog

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'Employee' or 'Independent Contractor'

Our Employment and Workplace Relations team have put together this excellent resource when considering whether a person is an employee compared to an independent contractor. Whilst the factors to determine the issue are well-established, the distinction can be complex and sometimes blurred. Please click on the image below to download the PDF.

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Patient unsuccessful in claim alleging GP failed to warn against reaction to cryotherapy procedure
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Patient unsuccessful in claim alleging GP failed to warn against reaction to cryotherapy procedure

Background On 19 March 2018, Mr Cowie (‘the patient’) underwent a cryotherapy procedure, being the use of liquid nitrogen, to remove some keratosis on his bottom lip (‘the procedure’). The procedure was performed by Dr Quinn. On 6 April 2018, more than 17 days after the procedure, the patient and his wife went on a holiday interstate when he claimed that his lips became very sore, swollen, ulcerated and extremely painful....

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Medical negligence rotator cuff injury claim fails
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Medical negligence rotator cuff injury claim fails

The plaintiff’s arm had been dislocated by a horse bite. The plaintiff alleged that the defendants each breached their duty of care to her by failing to order imaging to identify a rotator cuff injury, failing to refer her to an orthopaedic specialist, and failing to advise her as to proper care for her shoulder. The plaintiff alleged that by reason of the defendants’ failures, her treatment ...

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Patient unsuccessful in negligence claim against GP for alleged failure to refer for specialist medical treatment earlier
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Patient unsuccessful in negligence claim against GP for alleged failure to refer for specialist medical treatment earlier

Background Mr Elysee (‘the patient’) was a patient at Bankstown Medical Centre over a period of about 10 years. He had a complex combination of conditions and saw many doctors over that time. During the time when he was attending Bankstown Medical Centre he was diagnosed with diabetes and had a number of other health complaints including high blood pressure and poor renal function. In ...

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Retirement Village Consultation – Understanding the Obligation
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Retirement Village Consultation – Understanding the Obligation

The administering body of a retirement village has an obligation to establish appropriate procedures for consulting with residents on various matters under the Fair Trading (Retirement Villages Interim Code) Regulations (No. 2) 2018 (“RV Code”). These matters include: the future planning and budgeting of the retirement village and any other proposed change to the operating financial arrangements ...

  1. Aged Care Blog

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So you've received a negative online review...
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So you've received a negative online review...

Google reviews and websites such as RateMD and Whitecoat make it very easy for patients or any person to damage your or your business’ reputation and credibility online. There are a few steps a doctor can take if you receive a damaging online review. For example: You can ask the patient commenting to remove the online comment., You can ask the website administrator to remove the online comment....

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Health Service Investigation Report subject to Judicial Review
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Health Service Investigation Report subject to Judicial Review

The cardiologist was the subject of an investigation for maladministration of an indigenous health program.  The matter was investigated by health service investigators and a report dated 17 August 2018 set out their findings, analysis and relevant enquires undertaken (the Report). In short, the Report insinuated that the doctor had engaged in corrupt conduct through an omission in governance....

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HR + Employment Law: Latest Alert - Edition 19 May 2019
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HR + Employment Law: Latest Alert - Edition 19 May 2019

Update on the Federal Election 2019 Further to our February 2019 Alert, we provide below a list of some of the key policies of major parties in the area of employment and workplace relations. Unsurprisingly, the Coalition government as incumbents do not offer such a comprehensive extent of policies when compared with the ALP who are seeking to challenge the status quo.  Please click here for a list of the key policies....

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ANTI SOCIAL MEDIA
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ANTI SOCIAL MEDIA

A doctor has been reprimanded and suspended for his comments in online forums promoting violence against woman and racism. Dr Christopher Kwan Lee, who was employed by the Tasmanian Health Service and then worked as an emergency doctor at Box Hill Hospital in Victoria has also been asked to step down from his position while the health district completes its own, separate investigation. Dr Lee ...

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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)....

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