Insights Categories: Compliance

Privacy Awareness Week 2024 | Understanding transparency, accountability and security

Privacy Awareness Week (PAW) 2024 is an annual campaign led by the Australian privacy regulator, the Office of the Australian Information Commissioner (OAIC). PAW seeks to promote and raise awareness of the importance of protecting personal information. The focus of this year’s PAW campaign is on privacy and technology; specifically the principles of transparency, accountability, […]

The case against ChatGPT: Warnings against an AI-generated testimony

The use of Artificial Intelligence (AI) is rapidly rising across the legal profession. While there are benefits in saving time and costs, the downside is that AI could adversely impact legal proceedings. In this Insight we explore the potential impacts of AI in the trial process and in the gathering of case law research. We […]

Cyber Security Awareness Month – Are you cyber aware?

October is Cyber Security Awareness Month (CSAM). CSAM is an annual reminder for Australians to stay safe online and protect your online information and assets. The theme for CSAM 2023 is ‘be cyber aware – don’t compromise’. CSAM is an opportunity for businesses to review their understanding of ‘cyber security’ as a concept while continuing […]

Victoria Health Services: Are you prepared for the Statutory Duty of Candour?

On 30 November 2022, the Health Legislation Amendment (Quality and Safety) Act 2022 (Vic) will come into effect. This legislation amends the Health Services Act 1988 (Vic) [1] (Act) to impose new legal obligations on relevant Victorian Health services, requiring them to provide a Statutory Duty of Candour to any patient who has suffered a […]

New regulations are now in force for all health practitioners and organisations in NSW

If you operate a health service, or are a health practitioner working in NSW, you need to be aware of a regulation that came into effect on 1 September 2022 being the Public Health Regulation 2022. The regulation sets out prescriptive obligations for all health practitioners and health organisations, be they public or private. For […]

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 […]

A cautionary note to all health practitioners: don’t be caught out by section 130 of the National Law!

With increasing frequency in recent times, Meridian Lawyers is acting for registered health practitioners who have been the subject of investigation and/or disciplinary action for failure to comply with their obligation to notify their National Board of a ‘relevant event’. This article also serves to remind health practitioners and students[1] of their obligations to notify, […]

Pitfalls of promoting health services on social media

Recently, we published an article outlining the dos and don’ts of COVID-19 vaccine promotion. Our Insight summarises how vaccine providers and other parties can lawfully provide information about and promote COVID-19 vaccines. The promotion of vaccines and health services generally, across a variety of communication mediums, is regulated by advertising laws. Social media in particular, […]

Health Complaints Act 2016 (Vic) – does it really apply to me? Important implications for registered health professionals employed by bodies corporate in Victoria

In 2016, the Victorian government introduced the Health Complaints Act 2016 (Vic) (the Act) which launched a new framework for managing and resolving complaints regarding all Victorian health service providers. As part of these reforms, the office of the Health Complaints Commissioner (the HCC) was established, replacing the former office of the Health Services Commissioner. […]

New and expanded AHPRA Advertising Guidelines: a welcome aid to compliance

Meridian Lawyers has published several Health Insights in the past about the importance of understanding and adhering to the advertising obligations set out under section 133 of the National Law. However, claims concerning advertising continue to be a recurring theme in our Health Law practice, indicating some persisting confusion about the boundaries of what is […]

A case scenario on death certificates – who can sign them and when?

Meridian Lawyers often receives calls from doctors and other health practitioners requesting one-off advice relating to their day-to-day practice. One common and enduring theme of these requests for advice is death certificates – who can prepare them, and when? For example, if a patient dies in an aged care home, can a locum doctor certify […]

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