Insights

  • Health,
  • May 4, 2020
  • Author: Shannon Mony
  • INSIGHT: 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 […]

  • Health,
  • Apr 30, 2020
  • Author: Kellie Dell’Oro
  • INSIGHT: Using the new MBS telehealth item numbers to care for patients from home? Here are some of the risks and limitations for medical practitioners

    As part of the national health response to the COVID-19 pandemic, the Australian Government has rolled out new temporary Medicare Benefit Scheme (MBS) ‘telehealth’ items.  The purpose of these item numbers is to enable patients to receive essential health care during the pandemic whilst reducing the community transmission of COVID-19.  At this stage, the item […]

  • Health,
  • Apr 16, 2020
  • Author: Kellie Dell’Oro
  • INSIGHT: A reminder on section 130 of the National Law: notify the National Boards of ‘certain events’, or face a possible finding of unprofessional conduct

    Most registered health practitioners are aware of the obligation to notify the National Board of certain events should they occur.  These requirements are set out in section 130 of the Health Practitioner Regulation National Law Act 2009 (the “National Law”).  However, we have recently seen an ‘uptick’ in the number of disciplinary decisions which have […]

  • Health,Insurance,
  • Apr 15, 2020
  • Author: Dennis Cronin Author: Alexis Pidcock
  • INSIGHT: Recent Applications in personal injuries claims impacted by COVID-19

    Evidence and Transfer – A summary of recent Decisions of the Supreme Court in Central Queensland Key issues: Plaintiff will undergo medico-legal examination by video conference due to COVID-19 travel restrictions Is the Defendant’s request for medico-legal examination unreasonable or unnecessarily repetitious? Plaintiff’s Application for broad orders to inspect unidentified loaders dismissed Considerations of the […]

  • Commercial Litigation & Dispute Resolution,
  • Apr 9, 2020
  • Author: Mark Fitzgerald
  • INSIGHT: National Code of Conduct for SME Commercial Leases during COVID-19

    On Tuesday 7 April 2020, the National Cabinet agreed upon a mandatory rent relief code of conduct for commercial leases (the Code) to be legislated by state and territory governments. The Code provides a framework for landlords and tenants to negotiate individual arrangements based on the effects of the COVID-19 pandemic. The Code will have […]

  • Health,
  • Apr 9, 2020
  • Author: Andrew Saxton
  • INSIGHT: WA hospital negligent for not recognising sepsis in infant burns patient resulting in irreversible brain damage

    Abstract Western Australian hospital unsuccessful in appealing a finding of negligence based on an alleged failure to suspect, recognise and treat an infant patient for sepsis subsequent to a burn injury, leading to cardiac arrest, multi-organ failure, brain damage and cerebral palsy.[1] Damages yet to be agreed or assessed.   District Court proceedings[2] Sunday Mabior […]

  • Health,Insurance,
  • Apr 1, 2020
  • Author: Kellie Dell’Oro
  • INSIGHT: Supreme Court of Victoria opts to hear would-be jury trial by judge alone in an effort to keep the wheels of justice turning

    As our clients will all be well aware, Victorian courts have presently suspended jury trials until further notice in response to the COVID-19 pandemic.  This means that unless alternatives are found, many trials will be postponed for hearing once the restrictions are lifted, and will have to jostle for court time together with the ordinary […]

  • Health,
  • Apr 1, 2020
  • Author: Georgina Odell
  • INSIGHT: Professional Services in New South Wales – approval is required

    Professional services rooms are defined in Schedule 5F of the Health Practitioner Regulation National Law (NSW) (National Law) as “premises in or on which a person carries on a pharmacy business that involves only – the preparation and packaging of drugs, or the packaging of drugs, by or under the personal supervision of a pharmacist, […]

  • Corporate & Commercial,
  • Apr 1, 2020
  • Author: Hayley Bowman
  • INSIGHT: Bushfire Emergency Declaration

    The Privacy (Australian Bushfires Disaster) Emergency Declaration (No 1) 2020 came into force on 20 January 2020 in response to bushfires in Australia resulting in death, injury and property damage occurring from August 2019 into 2020. The Emergency Declaration will expire on 20 January 2021. The Emergency Declaration was made under Part VIA of Privacy […]

  • Health,
  • Mar 25, 2020
  • Author: Kellie Dell’Oro
  • INSIGHT: A wrongful birth case study: Nouri v Australian Capital Territory [2020] ACTCA 1

    The Australian Capital Territory Court of Appeal (ACT CoA) has recently issued a decision in a wrongful birth case, exploring issues around both breach of duty and causation. Ultimately, the Court decided in favour of the hospital which provided prenatal care to the infant’s mother. The decision is an interesting one, in that although the […]

  • Insurance,
  • Mar 16, 2020
  • Author: Robert Minc Author: David Randazzo
  • INSIGHT: Legal requirements for drone operation are set to widen – what do you need to know?

    Key takeaways: A Drone is a Remotely Piloted Aircraft (RPA). Licensing requirements are complex and are due to change. You may require a Remote Pilot’s License (RePL) and a Remote Operator’s Certificate (ReOC). Accreditation by the regulator CASA is due later this year. Check the current regulations before you or your client operates a Drone. […]

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