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New Privacy Act Data Breach Obligations Update

Eligible Data Breaches The Act sets up a scheme for notification of ‘eligible data breaches’. An eligible data breach happens if: there is unauthorised access to, unauthorised disclosure of, or loss of, personal information held by an entity; and, the access, disclosure or loss is likely to result in serious harm to any of the individuals to whom the information relates., Examples ...

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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 ...

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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....

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Aged Care Law Reforms - Home Care Packages and Exit Fees

Reforms to Aged Care legislation taking effect from 27 February 2017 will see home care packages moving with the consumer if they change home care providers. These reforms are part of the first stage of the Commonwealth Government’s reforms to the home care system. Under the current system, home care places are allocated to individual providers to deliver services in a particular location or region....

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Notifiable Data Breaches – New reporting obligations proposed for entities under the Privacy Act

The Privacy Amendment (Notifiable Data Breaches) Bill 2016 (‘the Bill’) was introduced in the Australian Parliament on 19 October 2016 and is currently before the House of Representatives. The Bill proposes mandatory data breach notification provisions for agencies, organisations and other entities already regulated under the Privacy Act 1988 (Cth) (‘the Act’). The Bill is ...

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Bleach treatment of elderly patient leads to disciplinary action

A NSW Professional Standards Committee recently found a Registered Nurse guilty of unsatisfactory professional conduct in relation to a complaint about her care and treatment of a patient in an Aged Care Service. The patient was an elderly lady with deteriorating health who required assistance with all personal care. She also suffered from MRSA, a chronic skin condition which caused her torso to be covered with open wounds and scabs....

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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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