In July 2018 the Australian Health Practitioner Regulation Agency (AHPRA) and Victoria Police announced a Memorandum of Understanding (MOU) regarding information sharing. Under the Victorian agreement, AHPRA can disclose information to Victoria Police where there are allegations or evidence of criminal offending including physical harm, sexual offending, production of exploitative material, or drug offences. The […]
Insights Categories: Health
Apr 12, 2019
INSIGHT: Professional Performance under the Spotlight | Inquiry into the actions of the regulator and local health district
From 1999 onwards, Dr Emil Gayed worked in public and private hospitals across NSW. During that time, complaints and concerns were raised regarding Dr Gayed’s professional practice and performance. Dr Gayed was disqualified from practice following a Tribunal finding that Dr Gayed had engaged in numerous incidences of unsatisfactory professional conduct, and that together they […]
Mar 21, 2019
INSIGHT: 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 […]
Feb 18, 2019
INSIGHT: 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 […]
Feb 12, 2019
INSIGHT: Is the ‘irrational’ exception feasible?
The concept of ‘Competent Professional Practice’ has been considered by Courts in a number of recent NSW cases determining medical negligence. In a recent medical negligence case South Western Sydney Local Health District v Gould [2018] NSWCA 69 (Gould),[1] the NSW Court of Appeal (NSWCA) considered the interpretation of the statutory ‘irrational’ exception to the […]
Feb 5, 2019
INSIGHT: Federal Court confirms strict interpretation of the 80/20 rule under the Health Insurance Act 1973
In a recent decision, the Federal Court of Australia confirmed that health care practitioners alleged to have engaged in ‘inappropriate practice’ in providing 80 or more professional services on each of 20 or more days during a relevant period are burdened with the evidentiary onus of establishing that there was an absence of alternative medical […]
Jan 30, 2019
INSIGHT: How can you tell if you have been given a forged prescription and what to do if you have
Pharmacists are expected to take reasonable steps to satisfy themselves that a prescription has been issued by an authorised prescriber. Prescriptions for Schedule 4 and Schedule 8 medicines subject to abuse, such as such benzodiazepines and opioids, are most likely to be forged. However pharmacists should also consider other medications such as anabolic steroids which […]
Jan 16, 2019
INSIGHT: Shared Debt Recovery Scheme to hold both medical practitioners and employing and contracting organisations responsible for incorrect Medicare billing
The Shared Debt Recovery Scheme will take effect on 1 July 2019. The recent enactment of the Health Legislation Amendment (Improved Medicare Compliance and Other Measures) Bill 2008, will mean that from 1 July 2019 the Commonwealth Government will be able to pursue both individual medical practitioners and employing and contracting medical organisations for repayment […]
Jan 15, 2019
INSIGHT: My Health Record: Important Information for Healthcare Providers
Introduction My Health Record is an online summary of an individual’s key health information. A My Health Record will be created for every Australian who wants one after 31 January 2019. An individual may cancel their My Health Record at any time. The My Health Record system is intended to allow for the online sharing […]
Dec 6, 2018
INSIGHT: 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 […]
Nov 13, 2018
INSIGHT: What are pharmacists’ obligations when supplying pseudoephedrine?
Pseudoephedrine (‘PSE’) is indicated for the relief of congestion associated with conditions such as rhinitis, sinusitis and the common cold.[1] However, in recent decades, it has been targeted for non-therapeutic purposes, such as for the manufacture of illicit drugs. Meridian Lawyers has recently assisted pharmacists to respond to notifications that were referred to the Australian […]