Insights

  • Health,
  • Apr 12, 2019
  • Author: Shannon Mony
  • INSIGHT: Police in Victoria and Western Australia, to share information with AHPRA

    In July 2018 the Australian Health Practitioner Regulation Agency (AHPRA) and Victoria Police announced a Memorandum of Understanding (MOU) regarding information sharing. Under the Victorian agreement, AHPRA can disclose information to Victoria Police where there are allegations or evidence of criminal offending including physical harm, sexual offending, production of exploitative material, or drug offences. The […]

  • Health,
  • Apr 12, 2019
  • Author: Nevena Brown
  • INSIGHT: Professional Performance under the Spotlight | Inquiry into the actions of the regulator and local health district

    From 1999 onwards, Dr Emil Gayed worked in public and private hospitals across NSW. During that time, complaints and concerns were raised regarding Dr Gayed’s professional practice and performance. Dr Gayed was disqualified from practice following a Tribunal finding that Dr Gayed had engaged in numerous incidences of unsatisfactory professional conduct, and that together they […]

  • Health,
  • Mar 21, 2019
  • Author: Kellie Dell’Oro
  • INSIGHT: New powers used by Health Complaints Commissioner to stop unregistered service providers making false claims

    The Victorian Health Complaints Commissioner (the Commissioner) can now issue general health warnings and ban unregistered service providers from treating patients, even before a complaint investigation is completed, if the Commissioner believes a health provider poses a serious danger to the public.  A breach of the new General Code of Conduct[1] (the Code) for providers […]

  • Mar 8, 2019
  • Author: Michael Bracken
  • INSIGHT: ASIC’s regulatory approach to enforcement post-Hayne

    What to do if you receive an ASIC Notice Following on from our from our preliminary analysis of the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry  we predicted that one of the outcomes of the Recommendations of the Hayne Commission Final Report would be a likely increase in regulatory activity, […]

  • Feb 25, 2019
  • Author: Kellie Dell’Oro
  • INSIGHT: A reminder: Child Care providers in Victoria, now subject to the Victorian Reportable Conduct Scheme

    The new laws which applied from 1 January 2019, regulate the way in which employers in the child care industry identify, investigate and respond to all child safety allegations. The laws apply to all Victorian approved child care providers under the Education and Care Services National Law Act 2010 (Vic) and any children’s service under […]

  • Health,
  • Feb 18, 2019
  • Author: Kellie Dell’Oro
  • INSIGHT: Restrictions on the use and disclosure of confidential communications between a victim of sexual assault and treating health practitioners

    Legislation in Victoria now protects the medical and counselling records of victims of sexual assault from disclosure in Court hearings.[1] The legislation is directed at:- ‘remedying the mischief of sexual assault victims being deterred from reporting or giving full information to doctors or counsellors in the course of their treatment, because of uncertainty and fear […]

  • Corporate & Commercial,
  • Feb 14, 2019
  • Author: Michael Bracken
  • INSIGHT: Six axioms emerging from the Hayne report

    A preliminary analysis of the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry. As foreshadowed in our previous Financial Services Insight, which deals with the Interim Report, the period of public hearings has been completed and Commissioner Hayne released the Commission’s Final Report on 4 February 2019. The Final Report includes […]

  • Insurance,
  • Feb 12, 2019
  • INSIGHT: Case Note: Caffrey v AAI Limited [2019] QSC 7

    Key takeaways A deceased driver was found to have owed a duty to take reasonable care not to cause psychiatric injury to a policeman acting in the course of the performance of his duties who may be required to respond to an accident caused by their driving and who may witness the suffering and/or death […]

  • Health,Insurance,
  • Feb 12, 2019
  • Author: Nevena Brown
  • INSIGHT: Is the ‘irrational’ exception feasible?

    The concept of ‘Competent Professional Practice’ has been considered by Courts in a number of recent NSW cases determining medical negligence. In a recent medical negligence case South Western Sydney Local Health District v Gould [2018] NSWCA 69 (Gould),[1] the NSW Court of Appeal (NSWCA) considered the interpretation of the statutory ‘irrational’ exception to the […]

  • Health,
  • Feb 5, 2019
  • Author: Daniel Davison Author: Sarah Twinn
  • INSIGHT: Federal Court confirms strict interpretation of the 80/20 rule under the Health Insurance Act 1973

    In a recent decision, the Federal Court of Australia confirmed that health care practitioners alleged to have engaged in ‘inappropriate practice’ in providing 80 or more professional services on each of 20 or more days during a relevant period are burdened with the evidentiary onus of establishing that there was an absence of alternative medical […]

  • Health,
  • Jan 30, 2019
  • Author: Scott Ames
  • INSIGHT: How can you tell if you have been given a forged prescription and what to do if you have

    Pharmacists are expected to take reasonable steps to satisfy themselves that a prescription has been issued by an authorised prescriber. Prescriptions for Schedule 4 and Schedule 8 medicines subject to abuse, such as such benzodiazepines and opioids, are most likely to be forged. However pharmacists should also consider other medications such as anabolic steroids which […]

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