Insights

  • Health,
  • Oct 19, 2020
  • Author: Kellie Dell’Oro
  • INSIGHT: Coroners Court Directions Hearings now required within 28 days for mandatory inquest deaths

    The Victorian State Coroner recently issued Practice Direction 5 of 2020 – ‘Directions Hearings in Mandatory Inquests’, requiring that in all cases where an inquest must be held, and unless reasons exist otherwise, a Directions Hearing will be convened within 28 days of the death being reported to the Coroner. A mandatory inquest is required […]

  • Health,
  • Oct 2, 2020
  • Author: Chandrika Darroch
  • INSIGHT: No half doses in pharmacy ownership

    A reminder to pharmacy proprietors of their key responsibilities Meridian Lawyers regularly assists a range of healthcare professionals to understand the legal and professional obligations that attach to their particular profession. Recently, in NSW, we have assisted a number of proprietor pharmacists who have come under close scrutiny by the Pharmacy Council of NSW following […]

  • Health,
  • Sep 25, 2020
  • Author: Kellie Dell’Oro
  • INSIGHT: VCAT upholds use of immediate action power to suspend doctor over social media use

    Meridian Lawyers recently published an article examining the power to take immediate action against health practitioners under section 156 of the National Law (if you missed it, that article can be read here). It considered a recent VCAT decision[1], wherein a doctor was suspended under section 156(1)(e), being the power to take immediate action in […]

  • Health,
  • Sep 22, 2020
  • Author: Andrew Saxton
  • INSIGHT: UK High Court applies established duty of care principles to legalise professional guidance which permits disclosure of confidential information to a proximate third party without consent

    ABC v NHS — Background The UK High Court[1] applied established duty of care principles to legalise professional guidance which permits disclosure of confidential information to a proximate third party without consent, in circumstances where the medical professional has properly undertaken the requisite balancing exercise of risks and interests affecting the patient, third party and […]

  • Corporate & Commercial,
  • Sep 14, 2020
  • Author: Georgina Odell
  • INSIGHT: Pharmacy relocation – tips for navigating the critical steps

    The need to relocate an existing pharmacy can arise for a variety of reasons. Meridian has recently advised pharmacies moving within the same shopping centre (for example, to take advantage of a larger sized shop), and a pharmacy in a medical centre moving to a new location along with the medical practice. While moving from […]

  • Corporate & Commercial,
  • Sep 9, 2020
  • Author: Hayley Bowman
  • INSIGHT: Key insights from July 2020 OAIC Notifiable Data Breaches Report

    The Notifiable Data Breaches (NDB) scheme was introduced in February 2018 to improve consumer protection and security relating to personal information. The Office of the Australian Information Commissioner (OAIC) recently released its half-yearly Notifiable Data Breaches Report (NDBR) for the period from 1 January to 30 July 2020. The NDBR provides detail around the causes […]

  • Health,
  • Sep 7, 2020
  • Author: Nevena Brown
  • INSIGHT: Three years on from the chaperone review, AHPRA celebrates changes to the regulatory landscape of sexual boundaries notifications

    In 2017 Professor Ron Paterson delivered the Independent review of the use of chaperones to protect patients in Australia report (the Chaperone Report), which made 28 recommendations to AHPRA and the Medical Board of Australia (the MBA) for improving the handling of sexual boundary notifications in Australia. Among other things, the Chaperone Report recommended that […]

  • Health,
  • Aug 28, 2020
  • Author: Kellie Dell’Oro
  • INSIGHT: Accidentally sending an email to the wrong email address can cost you

    Key lessons from ‘SD’ and ‘SE’ and Northside Clinic (Vic) Pty Ltd [2020] AlCmr 21 We recently published an article about the importance of protecting your patients’ private information, and what to do if there is an inadvertent disclosure of sensitive patient data. If you missed it, that article can be read here. In June […]

  • Corporate & Commercial,
  • Aug 20, 2020
  • Author: Georgina Odell
  • INSIGHT: Safe Sleep and Rest Policies

    Education and care providers will be aware that they are under a duty to adequately supervise children both when they are awake, and when they are asleep. Providers are also under duty to take every reasonable precaution to protect children from harm and hazard, and to ensure that their policies are being followed. The content […]

  • Health,
  • Aug 17, 2020
  • Author: Daniel Davison Author: Sarah Twinn
  • INSIGHT: Professional Services Review (PSR) launches telehealth review

    Professional Services Review (PSR) is a Commonwealth Agency whose objective is to protect the integrity of the Commonwealth Medicare benefits, dental benefits and pharmaceutical benefits programs and, in doing so, protect patients and the community from the risks associated with ‘inappropriate practice’, and protect the Commonwealth from having to meet the cost of medical and […]

  • Health,
  • Jul 31, 2020
  • Author: Nevena Brown
  • INSIGHT: Listen to the experts: Chatoor v Health Care Complaints Commission of NSW [2020] NSWCA 111

    The NSW Court of Appeal (“NSWCA”) recently overturned a decision of the NSW Civil and Administrative Tribunal (“the Tribunal”) in relation to two complaints concerning Dr Roger Chatoor (a cardiologist). Dr Chatoor appealed the Tribunal’s findings of unsatisfactory professional conduct on the primary basis that it had failed to correctly apply the relevant statutory test […]

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