Insights Categories: Health

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 […]

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 […]

An experienced and well-respected NSW General Practitioner with an otherwise unblemished record has faced disciplinary proceedings brought by the Health Care Complaints Commission (HCCC) before the Civil and Administrative Tribunal of New South Wales (the Tribunal).[1] While the Tribunal found that Dr Quan’s conduct was improper and unethical, the Tribunal did not uphold a finding […]

Hopes of helpful review of the current interpretation of the words “competent professional practice” as they appear in section 5O of the Civil Liability Act 2002 (NSW) (the Act) were dashed, as special leave to appeal was denied by the High Court of Australia (HCA) from a NSW Court of Appeal (NSWCA) medical malpractice case.[1] […]

A Perth Cardiologist has recently been found to have engaged in professional misconduct by the Western Australian Administrative Tribunal. [1] The Medical Board of Australia (the Board) made out five of six allegations against Dr Woollard. Key Takeaways The case provides a reminder of the meaning of unsatisfactory professional conduct and professional misconduct under the […]

On 16 September 2018 the Prime Minister, Scott Morrison, announced that he will ask the Governor General to establish a Royal Commission to examine the quality of care in residential and home care services provided to senior Australians and also younger persons with disabilities who are living in residential aged care. The Terms of Reference […]

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 […]

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 […]

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. […]

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 […]

This article was originally published as a PDL Practice Alert. It was written by Scott Ames, Principal and PDL Professional Officers, John Guy and Gary West. A recent inquest into the death of an elderly patient in Victoria [1] has put a spotlight on a pharmacist’s duty to exercise independent judgement when dispensing medication.   Background On 29 […]