Skip to content Skip to menu

Our Blog

Our Blog

Picture of

Slashed!

In an historic decision, the Full Bench of the Fair Work Commission has reduced Sunday and public holiday penalty rate structures in awards for the hospitality, retail, fast food and pharmacy industry, effective from 1 July 2017.  In providing its decision, the Full Bench stated, amongst other things, that:  a reduction in penalty rates will likely increase employment growth and hours ...

  1. Employment Law and Workplace Relations Blog

Read More

Picture of

Chiropractor convicted of unlawful advertising

A recent case in which a chiropractor was convicted of false advertising for claiming to be able to prevent, treat and cure cancer serves as a reminder for practitioners to make sure they properly understand their obligations and follow the National Boards’ guidelines for advertising. Section 133 of the Health Practitioner Regulation National Law (National Law) bans advertising that creates an unreasonable expectation of beneficial treatment....

  1. Health Blog

Read More

Picture of

WA HACC Transition to Commonwealth

A new arrangement for home and community care and specialist disability services will come into effect from 1 July 2018, with the Commonwealth Government assuming full funding, policy and operational responsibility for these services, bringing Western Australia into line with services provided in other states. At present, the existing Western Australian HACC Programs are jointly funded Commonwealth-state ...

  1. Aged Care Blog

Read More

Picture of

Swapping your way out of redundancy

Section 389(2) of the Fair Work Act 2009 (Cth) provides that ‘a person’s dismissal was not a case of genuine redundancy if it would have been reasonable in all the circumstances for the person to be redeployed’. Notwithstanding its decision, the Full Bench confirmed that there is no general redeployment obligation for an employer to implement or facilitate a process of voluntary job swaps....

  1. Employment Law and Workplace Relations Blog

Read More

Picture of

HR Toolbox: Edition 1 - 2017

1.  Upcoming redundancies? We set out the latest ‘redundancy’ decisions from the Fair Work Commission  In a recent decision, the Full Bench of the Fair Work Commission held that an employer breached its statutory redeployment obligations by failing to consider ‘job swaps’ with other employees, who wished to accept a redundancy., To read further about this decision, click to our recent blog here....

  1. Employment Law and Workplace Relations Blog

Read More

Picture of

What is the scope of cancellation of registration when a practitioner is registered in more than one health profession?

The HCCC sought deregistration of the practitioner as both a midwife and as a nurse. It argued that the findings concerning the practitioner's conduct as a midwife were equally applicable to her knowledge and skills in the practice of nursing. The Tribunal noted that the HCCC had referred only to the practitioner's conduct in midwifery in the complaints and had only raised the issue of cancellation ...

  1. Health Blog

Read More

Picture of

When a doctor can disclose information in the public interest

The revised guidance provides useful clarification on when doctors can disclose information in the public interest to protect individuals or society from risks of serious harm. The benefits to an individual or to society of the disclosure must outweigh both the patient’s and the public interest in keeping the information confidential. For example, if a disclosure would be likely to be necessary ...

  1. Health Blog

Read More

Picture of

Unsigned Resident Agreements: what does this mean for aged care providers?

Aged Care Act requirements for Resident Agreements The Aged Care Act 1997 (Act) says a provider must give all prospective residents or their representatives an accommodation/resident agreement (Agreement) prior to entering care. The Agreement must set out that the person must choose to pay the accommodation payment or accommodation contribution by daily payments (DAP), refundable deposit (RAD), or a combination of both within 28 days of entry....

  1. Aged Care Blog

Read More

Picture of

GP ordered to repay $450,000 for inappropriate billing

Dr Nicholas Sevdalis maintained that he made handwritten records which he subsequently transferred to an electronic record. However, the Committee held that the handwritten documents which were tendered in evidence were not contemporaneous and were “recent fabrications”. Dr Sevdalis unsuccessfully appealed the Committee’s decision to the Federal Court, and ultimately appealed to the Full Bench of the Federal Court....

  1. Health Blog

Read More

Picture of

Dentist sues for defamation for negative online review

A Melbourne dentist has taken defamation action against a patient who posted a negative online review. Many practitioners seek to use legal strategies to combat a negative online review and preserve their reputation and business.  A claim for defamation is complex, costly and can take years to resolve. Even if defamation is proved, it does not necessarily follow that the court will award very large damages....

  1. Health Blog

Read More

Picture of

New WA Medicine and Poisons Regulations

A key aim of the regulations is to control the potential for the misuse of hard drugs by implementing a system to identify and regulate ‘doctor shopping’.   Health Minister John Day says the legislation “establishes the legal framework for the transfer of information about the prescribing and dispensing of controlled drugs such as morphine and dexamphetamine, through the use of real-time reporting systems....

  1. Health Blog

Read More

Picture of

Volunteer Attempts to Claim Unfair Dismissal

The coach and the organisation had entered into a contract in 2015 which was expressed to be a voluntary services agreement. The contract stated that the relationship between the parties to the agreement was not an employment relationship, although the organisation paid the coach an honorarium which was essentially to provide recompense for out of pocket expenses for travel and food. The Fair Work ...

  1. Employment Law and Workplace Relations Blog

Read More