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 […]
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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 […]
What do I do if there is an accidental breach of my patient’s privacy? Advice for health practitioners and organisations
It is trite advice to Australian health practitioners to say that they must exercise caution when dealing with their patients’ sensitive health information. However, even the most cautious practitioner or organisation can fall victim to an inadvertent breach of patient privacy. Accidents happen, and Meridian Lawyers frequently receives requests for assistance from practitioners or organisations […]
A warning to health practitioners: is your professional indemnity insurance in place?
The Victorian Civil & Administrative Tribunal (VCAT) has sent a loud message to all health practitioners to actively check that their professional indemnity insurance (PII) arrangements are in order by suspending a psychologist who failed to do so[1]. The practitioner in question had delegated the task of paying all insurance renewals to a family member, […]