As our clients will all be well aware, Victorian courts have presently suspended jury trials until further notice in response to the COVID-19 pandemic. This means that unless alternatives are found, many trials will be postponed for hearing once the restrictions are lifted, and will have to jostle for court time together with the ordinary […]
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INSIGHT: Professional Services in New South Wales – approval is required
Professional services rooms are defined in Schedule 5F of the Health Practitioner Regulation National Law (NSW) (National Law) as “premises in or on which a person carries on a pharmacy business that involves only – the preparation and packaging of drugs, or the packaging of drugs, by or under the personal supervision of a pharmacist, […]
INSIGHT: Bushfire Emergency Declaration
The Privacy (Australian Bushfires Disaster) Emergency Declaration (No 1) 2020 came into force on 20 January 2020 in response to bushfires in Australia resulting in death, injury and property damage occurring from August 2019 into 2020. The Emergency Declaration will expire on 20 January 2021. The Emergency Declaration was made under Part VIA of Privacy […]
INSIGHT: A wrongful birth case study: Nouri v Australian Capital Territory  ACTCA 1
The Australian Capital Territory Court of Appeal (ACT CoA) has recently issued a decision in a wrongful birth case, exploring issues around both breach of duty and causation. Ultimately, the Court decided in favour of the hospital which provided prenatal care to the infant’s mother. The decision is an interesting one, in that although the […]
INSIGHT: Legal requirements for drone operation are set to widen – what do you need to know?
Key takeaways: A Drone is a Remotely Piloted Aircraft (RPA). Licensing requirements are complex and are due to change. You may require a Remote Pilot’s License (RePL) and a Remote Operator’s Certificate (ReOC). Accreditation by the regulator CASA is due later this year. Check the current regulations before you or your client operates a Drone. […]
INSIGHT: Health practitioner seeks help from the Federal Court to uncover identity of negative Google reviewer
Meridian Lawyers regularly assists health practitioners to respond to queries or complaints by AHPRA about their online advertising. In the process of providing this assistance, we are often asked by practitioners whether anything can be done about unfair testimonials that may be made about them on independent online platforms like Google. In an age where […]
INSIGHT: AHPRA releases revised Guidelines for Mandatory Notifications about registered health practitioners
On 21 February 2020, the Australian Health Practitioner Regulation Agency (AHPRA) released revised guidelines in anticipation of changes to mandatory notification requirements coming into effect in March 2020. The revised guidelines explain the requirements to make mandatory notifications under the updated legislative requirements for treating registered health practitioners, non-treating registered health practitioners, employers of registered […]
INSIGHT: What is a Drone? Who can own and operate one?
Key takeaways: A drone is a Remotely Piloted Aircraft (RPA) Anyone can own one Expanding number of uses, private and commercial Complex rules and regulations This is our second article, in a series of articles on drone use in Australia. The first article provided an overview of drone use and insurance cover. This article focuses […]
INSIGHT: Regulation of unregistered health practitioners in WA – is the current system adequate?
The mechanisms for complaints and statutory protections available for health care consumers, vary across Australia. In order to better protect the public and to set standards of conduct and practice for all unregistered health service providers, the Council of Australian Government (COAG) Health Council Final Report (COAG Final Report) recommended that every state implement the […]
INSIGHT: Audio and Video Records – are they legal?
It may seem an easier way in this technologically savvy world we inhabit, to simply record information or other data about patients, either by audio or visual means. This is attractive as records are correct and comprehensive and may be utilised in the defence of any complaint. However, there are legalities surrounding such records and […]
INSIGHT: Landlord and agent – the buck stops where?
Yeung v Santosa Realty Co Pty Ltd  VSCA 7 Background On 19 May 2014, the plaintiff, a tenant of residential premises, slipped at night on back stairs that were worn, slippery, unlit and had no handrail. The tenant successfully brought proceedings for negligence in the County Court against the owner of the premises and […]