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An employer’s timely response to COVID-19

Given the current unprecedented challenges in light of the COVID–19 pandemic, employers are having to consider a range of options in order to (i) to minimise the immediate financial impact on their business operations in the immediate term; and (ii) ensure the overall structure of their business is “fit for purpose” post-pandemic. Key issues. Some of the more challenging business ...

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

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Complete Nursing and Home Care Pty Ltd v National Disability Insurance Agency [2020] AATA 360

‘Kindness is meritorious’ … but does not create reviewable decisions: Complete Nursing and Home Care Pty Ltd v National Disability Insurance Agency [2020] AATA 360 David McMullen In a recent decision, the Administrative Appeals Tribunal (“AAT” or “Tribunal”) has held that it lacked jurisdiction to review a decision by the National Disability Insurance ...

  1. Aged Care Blog, Health Blog

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Aged care in 2020
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Aged care in 2020

In his latest article, David McMullen shares some of the evolving issues to watch in 2020.  Click on the image below to read David's article which was published in the March 2020 edition of Medical Forum Magazine.

  1. Aged Care Blog, Health Blog

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Family and Domestic Violence Leave
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Family and Domestic Violence Leave

In Jenny Edinger's and Morgan Barnsby's article, Family and Domestic Violence Leave, they share their insights on: The Australian Government's amendments of the Fair Work Act 2009 (Cth) (FW Act)., The definition of family and domestic violence under the FW Act., Leave entitlements and employer confidentiality requirements., Please click on the image below to download the article which ...

  1. Employment Law and Workplace Relations Blog, Health Blog

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Practitioner’s unsatisfactory professional conduct in medico-legal assessment
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Practitioner’s unsatisfactory professional conduct in medico-legal assessment

It was alleged that while the practitioner and the patient were in the consultation, the practitioner failed to observe appropriate professional boundaries in that he made inappropriate personal disclosures to the patient about himself and his family. These included details that he had cancer; he did not want to die; he had recently undergone major abdominal surgery; he had a large scar from his recent ...

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Psychiatrist struck off for posting “bizarre” rants on website
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Psychiatrist struck off for posting “bizarre” rants on website

It was alleged that between January 2018 to March 2019, the psychiatrist authored a blog on his practice website which discussed bizarre beliefs about global conspiracy theories and other disturbing matters which had the potential to expose his patients to real risk of harm when accessing the practice website for information or to make an appointment.  It was also alleged that the psychiatrist ...

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Online directories and appointment booking platforms
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Online directories and appointment booking platforms

In David McMullen's recent article, Online directories and appointment booking platforms: Reminders from the ACCC and the Federal Court, David shares his insights on: the ACCC's proceedings against HealthEngine in the Federal Court of Australia concerning allegations of misleading and deceptive conduct;, legal considerations in relation to privacy and consumer protection issues; and, what dental (and health care) practices should do to mitigate risks....

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Hospital negligent for discharging patient without diagnosis of acute aortic dissection and causing death
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Hospital negligent for discharging patient without diagnosis of acute aortic dissection and causing death

Case background In October 2013, Mr Boxell experienced chest pain and was taken to the emergency department at Frankston Hospital (‘the Hospital’). Following examination, observation and investigation, no cause for Mr Boxell’s pain was found, and he was discharged without a diagnosis. The next day Mr Boxell died at home as a result of acute aortic dissection (‘AD’)....

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Voluntary Assisted Dying Bill Passed

The Voluntary Assisted Dying Act 2019 was passed by Parliament on 10 December 2019 and is currently awaiting Royal Assent. However, the Act will not become operational for approximately 18 months or so, to allow time for the Voluntary Assisted Dying Board to be established and a service delivery framework and clinical guidelines developed to ensure that the process is undertaken safely and in accordance with the legislation....

  1. Aged Care Blog, Health Blog

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WASAT provides clarity over meaning of ‘mental disability’

Key issue Whether FY suffered from a mental disability and whether by reason of that mental disability, is FY unable to make reasonable judgments regarding her estate., Background FY applied for review of a Tribunal decision which declared her unable, by reason of mental disability, to make reasonable judgments in respect of matters relating to her estate. FY was found to have a mental disability and an administrator was appointed....

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Practitioner successful in removing conditions on registration

Issues The Applicant lodged an appeal seeking review of a decision made by the Nursing and Midwifery Council of NSW not to remove conditions imposed on her registration. The Tribunal were required to determine whether it was appropriate that the conditions be removed. Background The Applicant for several years had dealt with mental health issues, which in some instances resulted in periods of treatment in and out of hospital....

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WA Country Health Service defends claim of medical negligence
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WA Country Health Service defends claim of medical negligence

Key issue The Plaintiff alleged that: a medical officer at the Hospital incorrectly recorded on a discharge summary sheet that an injury to his left acromioclavicular (AC) joint was a subluxation rather than a dislocation; and omitted to refer him to seek orthopaedic review to determine the most appropriate form of treatment for his injury; and, the Hospital’s failures gave rise to ...

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