Key takeaways: New legislation governing arbitration/ADR of Australian sports disputes National Sports Tribunal introduced for resolution of sports disputes Two-year pilot Conditional opt out scheme Laws apply to acts committed or omitted within as well as outside of Australia Locally handled sporting Appeals have the potential to lower costs Significant civil penalties for breach Sports […]
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INSIGHT: Handling sensitive health information about patients and customers – do you understand your obligations?
The Office of the Australian Information Commissioner (the OAIC) has released a Guide to Health Privacy to assist health care providers to understand their obligations under the Privacy Act 1988 (Cth) (the Privacy Act) regarding the handling of sensitive health information about their patients and customers. Health care providers range from doctors, hospitals, allied health […]
INSIGHT: You have received a notification – what now?
The practice of pharmacy is highly regulated and modern society is becoming increasingly litigious. With that in mind, pharmacists should anticipate that they may be contacted by a statutory authority or investigator at some stage during their careers. In 2017-18, 1.9% of pharmacists in Australia were the subject of notification to AHPRA. Common statutory authorities […]
INSIGHT: What’s the damage? Recent trends in General Damages awards for psychiatric injuries in Victoria.
Key takeaways: General damages awards for psychiatric injuries can be significant A ‘recognisable psychiatric illness’ must be present Treatment not sought is not necessarily an impediment to a psychiatric claim Have there been any discernible trends in the awarding of damages for psychiatric injuries in recent years in Victoria? Four cases decided between 2013 and […]
INSIGHT: What happens to healthcare complaints in Western Australia?
The Health and Disability Services Complaints Office (HaDSCO) handles complaints about health, disability and mental health services in Western Australia. Consumers of health services in Western Australia can make complaints about individuals or organisations that provide health, disability or mental health services . ‘Health services’ encompasses complaints about health services provided by: Medical practices, medical […]
INSIGHT: Striking the balance: Do the recent amendments to mandatory reporting obligations go far enough?
Despite significant resistance by key stakeholders, amendments to mandatory reporting obligations in respect of registered health practitioners treating other health practitioners for medical conditions, including mental health issues, have now been passed by the Queensland parliament. This article follows Meridian Lawyers’ earlier Health Insights article (which can be read here), wherein we discussed the Council […]
INSIGHT: Ask for help, and ask early – advice for surviving an AHPRA notification
Meridian Lawyers regularly assists health practitioners who have been the subject of notification to statutory health authorities such as AHPRA, HCCC and the OHO. Our role is to help these practitioners understand, respond to and navigate the complaints process. Unfortunately, we regularly hear clients express distress that they are the subject of complaint. Many suffer […]
INSIGHT: A gift bejewelled with risk
In what circumstances should a gift from a patient be politely declined? Doctors are entrusted with acting in their patients’ best interests. They work hard to treat their patients’ sicknesses and keep them healthy. As a result of doctors’ care, their long-term patients often display a profound sense of gratitude; a more emotional feeling than […]
INSIGHT: Pharmacy Workplace Relations – Hot Topics
Annualised Salary – as part of the review of all modern awards the Fair Work Commission has determined that the annualised salary clause, contained in awards, should be varied to provide that employers must keep records of all hours worked (start and finishing times) by employees covered by annual salary arrangements and must review the […]
INSIGHT: Family Day Care – Compliance and Policies and Procedures
Approved providers of family day care services will be aware that their State Regulatory Authority is responsible for regulating early childhood education and care services and for enforcing compliance with the Education and Care Services National Law (National Law) and the Education and Care Services National Regulations (National Regulations) applicable in each State. It is […]
INSIGHT: Revocation of registration as a registered provider of supports under the NDIS
Under section 72 of the National Disability Insurance Scheme Act 2013 (NDIS Act) the Chief Executive Officer of the National Disability Insurance Agency (CEO) has a discretion to revoke the approval of a registered provider of supports under the NDIS Act. The CEO may revoke the approval if satisfied that: the person or entity no […]