Insights

  • 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: Private: 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 […]

  • Corporate & Commercial,
  • Jan 21, 2019
  • Author: Catherine Osborne
  • INSIGHT: Made a mistake? Tell the client asap or risk a finding of deceit

    The decision of O’Callaghan J in the Federal Court at Victoria in Neville’s Bus Service Pty Limited v Pitcher Partners Consulting Pty Limited & Ors [2018] FCA 2098 sends a salutary warning to professionals to act honestly and appropriately as soon as they discover that they, or colleagues whom they supervise, may have made a […]

  • Health,
  • Jan 16, 2019
  • Author: Daniel Davison Author: Sarah Twinn
  • INSIGHT: Shared Debt Recovery Scheme to hold both medical practitioners and employing and contracting organisations responsible for incorrect Medicare billing

    The Shared Debt Recovery Scheme will take effect on 1 July 2019. The recent enactment of the Health Legislation Amendment (Improved Medicare Compliance and Other Measures) Bill 2008, will mean that from 1 July 2019 the Commonwealth Government will be able to pursue both individual medical practitioners and employing and contracting medical organisations for repayment […]

  • Health,
  • Jan 15, 2019
  • Author: Chandrika Darroch
  • INSIGHT: My Health Record: Important Information for Healthcare Providers

    Introduction My Health Record is an online summary of an individual’s key health information. A My Health Record will be created for every Australian who wants one after 31 January 2019. An individual may cancel their My Health Record at any time. The My Health Record system is intended to allow for the online sharing […]

  • Health,
  • Dec 6, 2018
  • Author: Kellie Dell’Oro
  • INSIGHT: Statutory privilege does not prevent disclosure of records in VCAT proceedings

    The Victorian of Court Appeal has settled the uncertainty regarding the protections provided by statutory privilege over medical records in the Victorian Civil and Administrative Tribunal (VCAT). The Victorian Court of Appeal has reversed a previous decision and confirmed that patients’ medical records are not protected by statutory privilege in a disciplinary hearing of the […]

  • Corporate & Commercial,
  • Dec 6, 2018
  • Author: Private: Michael Bracken
  • INSIGHT: A Game Changer for Mutuals – New Law Expands Capacity to Raise Capital

    Mutual Entities Bill 2018: Tranche 2 On 26 November 2018, the Commonwealth Government released for public consultation an exposure draft of the Treasury Laws Amendment (Mutual Entities) Bill 2018: Tranche 2 (the Bill) which introduces a new bespoke capital instrument in the Corporations Act 2001 for all eligible mutual entities. Under the Bill, a mutual […]

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