In the wake of the “Betrayal of Trust Inquiry” the Victorian government is rolling out wide ranging new legislative amendments[1] in the form of the Reportable Conduct Scheme (the Scheme). These changes aim to strengthen organisational responses to child abuse allegations, and ensure systems are in place to prevent child abuse. Changes include strict reporting and […]
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Putting the past behind you? Not any more, as Medical Board starts displaying links to old disciplinary decisions on the National Register
Update published 29 August 2018: Board removes links to past disciplinary decisions – but not all of them Australian medical practitioners are expressing understandable concern about the Medical Board of Australia’s (MBA) recent decision to display links to published disciplinary decisions and court rulings on individual practitioner listings on the National Register (Register). The MBA’s decision […]
Missing faxed scan result triggers the Coroners Court to call for robust standards regarding the communication of radiology results
The Coroners Court of Victoria has called for the development of a set of standards specifically setting out systems for the communication of imaging results, and defining the roles and responsibilities of diagnostician and referring doctors with respect to the same. The recommendations were made following an inquest into the death of Mr Mettaloka Halwala, […]
‘SafeScript’ Roll-out: An update for practitioners on important regulatory changes from 1 July 2018
The Victorian Department of Health has confirmed that the implementation of the ‘SafeScript’ real-time prescription monitoring system will begin later this year. The initial roll-out is set to take place in the Western Victoria Primary Health Network catchment area before it is extended to the remainder of the State in 2019. ‘SafeScript’ is intended to […]
Supreme Court of Victoria confirms availability of statutory privilege over clinical records in VCAT
In a not uncontroversial decision by the Supreme Court of Victoria late last year, the doorway to statutory privilege over patient medical records – once thought previously unavailable to practitioners facing disciplinary proceedings in the original jurisdiction of the Victorian Civil and Administrative Tribunal (VCAT) – has been unlocked. Dr Kemp was the subject of […]
Reflections on a recent experience with ‘hot tubbing’ in the Coroners Court
‘Hot tubbing’ expert witnesses has been a growing trend in the Victorian judicial system and particularly in the Supreme Court of Victoria, where it is advocated as an expedient and illuminating method of adducing expert evidence (in the appropriate circumstances). Now it seems this trend is expanding beyond its traditional use in the civil courts […]
Victoria to roll out real-time prescription monitoring system in 2018
In response to a growing number of deaths and harm resulting from the misuse of prescription medicines in Victoria, the government has announced that it will roll out a real-time prescription monitoring system this year. Fred IT Group has been appointed to design and develop the ‘SafeScript’ system, which is intended to provide up-to-date information […]
Sweeping reforms in Victoria proposed to lift hospital safety
The Victorian government has introduced a suite of legislative amendments in the form of the Health Legislation Amendment (Quality Safety) Act 2017, to help improve healthcare quality and safety across the state in both the public and private sectors. The amendments were triggered by recommendations made by Dr Stephen Duckett in his report titled “Targeting […]
Landmark advertising fine warns that the tiger has teeth
The Australian Health Practitioner Regulation Agency (AHPRA) celebrated an enforcement win in October this year, with the successful prosecution of a corporation for breaches of the advertising provisions under the Health Practitioner National Law 2009 (the ‘National Law’). Wellness Enterprises Pty Limited was found guilty in respect of 17 charges relating to unlawful advertising, and […]
“Check, Correct, Change” guidance published by AHPRA a welcome resource for practitioners seeking clarity in advertising regulation
In the wake of a recent flurry of regulatory activity by the Australian Health Practitioner Regulation Agency (‘AHPRA’) regarding advertising obligations, many practitioners may be feeling apprehensive about their ongoing compliance under the Health Practitioner National Law 2009 (the ‘National Law’). However, a new resource recently published by AHPRA may help practitioners to navigate the […]
Significant $1.3m payout warns employers to take employee bullying complaints seriously
The Supreme Court of Victoria[1] has sent a solemn message to employers to sit up and listen to employees who make complaints of bullying and harassment in the workplace, by awarding damages in excess of $1.3 million to a plaintiff suffering psychiatric and physical injuries because her employer failed to provide a safe working environment. […]