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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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Employer Successfully Rebuts Aged Care Worker’s Bullying Claim

The employee made multiple bullying allegations covering a period of approximately 3 years. Amongst those allegations she claimed that: the first day she met the manager that the manager yelled and screamed at her in the office;, she was detained against her will when she was asked to complete paperwork regarding a car accident at the end of her shift;, the manager’s concerns about timekeeping ...

  1. Aged Care Blog, Employment Law and Workplace Relations Blog

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Registered Nurse’s Conduct in a Drug Dispensing Arrangement Results in Professional Misconduct

An experienced mental health nurse and psychotherapist was involved in the care of a patient over a 13-year period, where the Patient had a complex history of mental health issues and drug dependency. The practitioner provided regular one-on-one care under the NSW Mental Health Nurse Incentive Plan, in partnership with the Patient’s GP. In August 2011, the Patient died of a drug overdose as a direct result of multiple drug toxicity, including illicit drugs....

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Tribunal makes orders for reprimand and rehabilitation

In Medical Board of Australia v GMZ, a practitioner was found to have self-administered schedule 4 drugs over a period of 6 years that had not been legitimately prescribed to him.  The practitioner had also made false representations to obtain the drugs and forged prescriptions on his father’s prescription pad. The practitioner’s name was suppressed on the basis that its publication would be deleterious to his rehabilitation....

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Medicare Benefits Schedule Review Taskforce

Reporting to the Minister for Health, the Taskforce consists of a cross-section of private and public practitioners, academics and consumer representatives, Via the Taskforce, clinical committees and working groups are required to make recommendations as to whether MBS items are obsolete and should be removed, as well as identify any services that require priority reviews, develop a program considering ...

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HR Toolbox Edition 5 - 2017

1.  Latest decisions. Disciplinary meeting attendance a must The Federal Court of Australia has held that failure to attend a disciplinary meeting amounted to repudiation of a dentist’s employment contract. The contract contained a clause to “obey the reasonable directions” of the employer. The disciplinary meeting sought to address staff concerns that the dentist’s ...

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