In what circumstances should a gift from a patient be politely declined? Doctors are entrusted with acting in their patients’ best interests. They work hard to treat their patients’ sicknesses and keep them healthy. As a result of doctors’ care, their long-term patients often display a profound sense of gratitude; a more emotional feeling than […]
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Professional medical organisations collaborate to help bring clarity on medical costs for patients
In conjunction with 13 professional medical Colleges, Associations and Societies, the Australian Medical Association (AMA) has released a Guide ‘Informed Financial Consent: A Collaboration Between Doctors and Patients. Assisting patients to understand their healthcare and its costs.’ (IFC Guide) to help patients understand their medical costs and fees. The IFC Guide was launched in late July […]
Victorian Voluntary Assisted Dying legislation comes into force in June
The Voluntary Assisted Dying Act 2017 (Vic) (the Act) comes into operation on 19 June 2019, making Voluntary Assisted Dying (VAD)[1] legal in Victoria. When the legislation comes into effect in June, Victorian registered medical practitioners need to be aware of their role in the application of the Act. For medical practitioners who wish to […]
SafeScript provides prescribers and pharmacists with real time access to the prescription history of their patients for high risk medicines.
SafeScript provides Victorian prescribers and pharmacists access to the prescription history of their patients for high-risk medicines. SafeScript information can alert the prescriber and dispenser to patients at risk of harm or overdose associated with high risk medicines, and assist with deciding whether to prescribe or dispense the high-risk medicine. SafeScript will be implemented across […]
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 […]
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 […]
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 […]
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 […]
Can a loss of superannuation pension form part of a loss of earning claim for a retired claimant?
An expansion of claims for loss of earning capacity. The High Court of Australia has held that a superannuation pension can be included in the calculation of damages in a negligence action. [1] The 71 year old plaintiff, Mr Latz, was diagnosed with terminal malignant mesothelioma, in October 2016. He issued proceedings against Amaca Pty […]
Getting it right – meeting your legal and professional obligations in advertising
New resources provided by AHPRA and National Boards aim to help health practitioners understand and comply with their legal and professional obligations under the National Law. Understanding and meeting legal obligations with regard to advertising and avoiding complaints to regulators can be a daunting task for health practitioners. The national regulator, AHPRA, has released a […]
Board removes links to past disciplinary decisions – but not all of them
In response to criticism, the Australian Health Practitioner Regulation Agency (AHPRA) and the Medical Board of Australia (The Board) have revised the policy of publishing links to all tribunal decisions on the National Register. The Board has removed links to tribunal decisions, but only those in which there was no adverse finding regarding the doctor. […]