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Immediate action against practitioner after suspension of medical licence in US

The immediate action process arose from a notification the Board received in August 2016 that the practitioner, who was practicing in both the US and Australia, had had his medical licence summarily suspended in June 2016 by Judge Mandala, an Administrative Law Judge of the Alaskan Office of Administrative Hearings. The practitioner’s suspension in Alaska followed an investigation into his prescribing ...

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HR Toolbox Edition 7 – 2017

Latest decisions The Fair Work Commission, which found that an employee’s dismissal was not a genuine redundancy, has ordered to have the employee reinstated back into his former job (or an equivalent position) despite the employer opposing such an order on the basis that the former job no longer existed and the employment relationship had been irretrievably broken. Links to the full decision ...

  1. Employment Law and Workplace Relations Blog

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New Codes of Conduct for Nurses and Midwives

The Codes are founded on evidence-based practice and specify the legal requirements, professional behaviour and conduct expectations for all nurses and midwives across Australia, in all practice settings. The Codes will replace the existing Code of Professional Conduct for Nurses, Code of Professional Conduct for Midwives, and the professional boundaries documents. The Board’s intention is ...

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Coroner refers Nursing Home to OACQC

In August 2012 Mr R was admitted to a high care nursing home facility, where he required assistance with all daily living tasks and was unable to mobilise independently. 31 days after his admission he was noted to have pressure sores on his heels. In November 2012, further pressure sores were observed on his hip. On 6 February 2013, the wounds were noted to be necrotic. On 15 February 2013, it was recorded that Mr R had lost 5....

  1. Aged Care Blog

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Think Twice Before Withholding a Bonus Or Changing a Bonus Scheme

Mr Anthony Loone was the Managing Principal of the Launceston arm of Crowe Horwath (Aust) Pty Ltd (CHA).  Mr Loone’s contract contained a term that provided for the payment of a bonus. The relevant clause of the contract provided that: “The bonus you may be eligible to get forms a discretionary component of your Remuneration. The Company will determine from time to time, at its ...

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GP successfully defends claim alleging negligent insertion of Implanon device

Background On 31 August 2011, the Plaintiff attended on Dr Al-Hakeem and ultimately had an Implanon contraceptive device inserted into her arm. For an Implanon device to be effective, it must be inserted within the first five days of the patient’s menstrual cycle. Unbeknownst to the Plaintiff and Dr Al-Hakeem, at the time the Implanon device was inserted, the Plaintiff was 19 days pregnant....

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New liabilities and higher penalties - recent changes to the Fair Work Act

We summarise below the key changes to the FW Act that may impact on you or your business: Higher penalties The maximum penalties for civil remedy provisions of the FW Act have now increased tenfold.  An employer who seriously contravenes their obligations under certain provisions of the FW Act may be liable for up to $126,000 per contravention where the employer is an individual and up to $630,000 where the employer is a corporation....

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Move to mandate staffing ratios

The Aged Care Amendment (Ratio of Skilled Staff to Care Recipients) Bill 2017 is seeking “to enhance the level of care provided by aged care facilities nation-wide” according to Senator Derryn Hinch’s Second Reading Speech. The Bill proposes that a minimum adequate and safe ratio of appropriately skilled staff to care recipients be mandated in the Quality of Care principles, based ...

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Changes to the National Law for increased power to take immediate action and to establish Paramedicine Board

The amendments to the National Law include: Changes to strengthen the management of complaints (notifications) and disciplinary enforcement powers of AHPRA and National Boards, including:, Provision of practice information: A National Board may require a health practitioner to provide details of their practice arrangements, regardless of how they are engaged to practise. This will mean ...

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Podiatrist’s application for judicial review of Board’s decision to caution him dismissed

In October 2015, the Board received a notification from a patient on whom the podiatrist had performed surgery. The complaint had been about the result of the surgery and did not deal with the adequacy of the consultation, discussion of risks, and process of obtaining consent. After receiving the notification, the Board provided the podiatrist with a copy of the notification, and identified the ...

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Hospital found to have delayed in treating bacterial meningitis

In 2005 the plaintiff was diagnosed with a benign brain tumour. Surgery to remove the tumour in 2006 led to 90% of the tumour being removed. Further surgery undertaken in September 2007, which all experts described as complex, was unable to be completed due to damage to the carotid artery occurring. This damage was repaired and the Plaintiff was transferred to Royal Perth Hospital (RPH) for ongoing care....

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HR Toolbox Edition 6 - 2017

Recent News. On 4 September 2017, the Senate voted to expanded the Fair Work Ombudsman's investigative powers, while imposing limits on the types of matters it can examine. The Opposition’s amendments to the Fair Work Amendment (Protecting Vulnerable Workers) Bill 2017, still enable the FWO to exercise coercive powers with respect to gathering evidence of breaches, but these powers are subject ...

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