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Aged Care Complaints Commissioner Annual Report

The Aged Care Complaints Commissioner Annual Report 1 July 2015 – 30 June 2016 is the first annual report since the transition from the former Aged Care Complaints Scheme and Aged Care Commissioner to the Aged Care Complaints Commissioner on 1 January 2016. The report describes the types and numbers of complaints seen and how these are dealt with. Highlights of the report include: 2,153 formal complaints were received....

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Importance of providing coroner with detailed evidence of root cause analysis and corrective action

The inquest In Inquest into the death of Michael James Calder, Deputy State Coroner Lock of the Coroners Court in Queensland considered the circumstances of Mr Calder’s death in the Holy Spirit Northside Private Hospital (hospital) in July 2014. Mr Calder was aged 33 years and had been referred by his GP to the hospital with a three day history of severe occipital headaches, neck pain and stiffness with increasing severity of his headache....

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Are you ready for the new business-to-business unfair contract term laws?

ACCC Deputy Chair Dr Michael Schaper has explained that ”the new law will apply when a term in a small business standard form contract: causes a significant imbalance in the parties’ rights and obligations, isn’t reasonably necessary to protect the legitimate interests of the party advantaged by the term, and, causes financial or other detriment (such as delay) to a small business if it were relied on....

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Nurses disciplined for using restraints on vulnerable patient with dementia

The patient was initially restrained for some two hours in the Ward’s lounge room. Thereafter while he was still being restrained in a chair by means of a pelvic posey, the two nurses used a second pelvic posey to fasten the chair to railing in a corridor near the nurses station. The patient was left there for about nine hours. Contrary to general principles, common sense and various applicable ...

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David Tune to Lead Major Review of Aged Care Reforms

Assistant Minister for Health and Aged Care, Ken Wyatt AM, MP announced the appointment of David Tune AO PSM to lead the Aged Care Legislated Review. The changes announced to aged care in 2012 included a comprehensive review of the aged care sector in 2016-17. This review will inform ongoing reforms to aged care. To read the full media release, click here.

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Public Health Act 2016

To provide a flexible and proactive framework for the regulation of public health, the West Australian Parliament has passed the Public Health Act 2016 with the object ‘to protect, promote and improve the health and wellbeing of the public of Western Australia and to reduce the incidence of preventable illness, and for related purposes’. The change is said to be necessary as the existing ...

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Department of Health provides clarity on fees

A recent update from the Department of Health has flagged that it is now aware that an increasing number of aged care providers are or are proposing to charge additional service fees to residents. In response to this the Department has advised that such fees “would not be supported by the legislation where the fee does not provide a direct benefit to the individual or the resident cannot take ...

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Tribunal rules professional misconduct for financial exploitation of vulnerable resident

The resident had been with the aged care organisation for many years. She had an acquired brain injury, an intellectual disability and difficulty speaking. Her finances were being managed by State Trustees. Some of the resident’s money was held by the aged care organisation in an account in her name. In October 2012, the registered nurse sent an e-mail request to the financial controller indicating ...

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Australian Law Reform Commission releases Issues Paper into Elder Abuse

The Australian Law Reform Commission (ALRC) has released an Issues Paper for inquiry and report into Elder Abuse (found here: https://www.alrc.gov.au/publications/elder-abuse). The closing date for submissions to the Issues Paper is 18 August 2016. The inquiry will specifically consider best practice laws and legal frameworks, including the Aged Care framework. In Aged care, among the issues ...

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Employer liable for manager’s belittling conduct

In Eaton v TriCare (Country) Pty Ltd [2016] QCA 139 the Queensland Court of Appeal found that an aged care facility had breached its non-delegable duty by failing to take steps to minimise the risk of a former employee developing a psychiatric illness due to managerial pressure. A former employee of the nursing home claimed that she developed depression and anxiety as a result of her excessive workload and the conduct of her manager....

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