Key takeaways The Education and Care Regulatory Unit of the Department of Communities (Department) is displaying a stricter approach in implementing compliance actions. Specifically, the Department is seeking penalties under both sections 165(1) and 167(1) of the Education and Care Services National Law (WA) Act 2012 (National Law) in compliance actions involving inadequate supervision and […]
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Veterinary practice in WA: significant changes to the regulatory framework
Key takeaways On 18 June 2022, the Veterinary Practice Act 2021 (Act) commenced and the newly appointed members of the Veterinary Practice Board (Board) started their term of office. The Act provides for the regulation of the practice of veterinary medicine in Western Australia and seeks to facilitate the regulation of the practice of veterinary […]
The importance of health practitioners’ compliance with public health policies and directions
Brief Context In Nursing and Midwifery Board of Australia v Bergin [2022] VR 4, a registered nurse (Practitioner) was found to have engaged in professional misconduct due to her failure to remain in isolation while awaiting the outcome of a COVID-19 test. Background The Practitioner was employed at a residential aged care facility. By virtue […]
Veterinary practice in WA: Proposed amendments to the current regulatory framework
The Veterinary Practice Bill 2021 (WA) (Bill) had its third reading in the legislative council on 2 September 2021. The Bill will repeal the Veterinary Surgeons Act 1960 (Current Act) and the Veterinary Surgeons Regulations 1979 (Current Regulations). The Bill introduces new regulations that align with the proposed regulatory framework. However, the regulations are not […]
Western Australia: What are the Mandatory Reporting Requirements for Registered Health Practitioners?
In early 2020, the Australian Health Practitioner Regulation Agency (AHPRA) released revised guidelines for mandatory notifications made to AHPRA by treating practitioners. These guidelines were issued in anticipation of amendments to the Health Practitioner Regulation National Law, as in force in participating states and territories. The amendments came into effect in March 2020. The purpose […]
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 […]
Soutorine and The Medical Board of Australia [2020] WASAT 5
Facts Mikhail Soutorine is a medical practitioner (the practitioner). In November 2019, the Australian Health Practitioner Regulation Agency (AHPRA) on behalf of the Medical Board of Australia (the Board) wrote to the practitioner and advised him that the Board had decided to take immediate action under section 156 of the Health Practitioner Regulation National Law […]
A case study in causation
Chester v WA Country Health Service [2019] WADC 152 The facts Mr Chester (Plaintiff) was a 26 year old male who worked as plasterer by trade. On 31 July 2009 he suffered an injury to his left shoulder and presented to the Busselton Regional Hospital (Hospital) complaining of pain, general bruising and some grazing of […]
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 […]
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 [1]. ‘Health services’ encompasses complaints about health services provided by: Medical practices, medical […]
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 […]