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 […]
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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, […]
Sparks v Hobson; Gray v Hobson [2018] NSWCA 29: Is this a prelude to the expansion of the peer professional opinion defence in NSW?
A recent decision by the NSW Court of Appeal has given rise to hopes that the current interpretation of the words “competent professional practice” as they appear in section 5O of the Civil Liability Act 2002 (NSW) (the Act) may soon be revised. Two members of the judiciary commented critically on the standing interpretation of […]
‘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 […]
Misuse, interference or loss of personal information by pharmacists – new mandatory notifications for data breaches
On 22 February 2018, mandatory data breach notification requirements were incorporated into the Privacy Act 1988 (Act) and now apply to all entities regulated by the Act. Typically, health service providers such as pharmacists will be bound by the Act irrespective of the size of their business, because they provide a health service and because […]
NSW Health Services Organisations face key changes to Root Cause Analysis procedures
Recently passed amendments to the Health Administration Act 1982 (NSW)[1] have been celebrated by the NSW government as an improvement to the efficiency and timeliness of Root Cause Analysis systems in NSW health services organisations. The amendments come off the back of extensive consultation with stakeholders, including the NSW Nurses and Midwives Association, Australian Medical […]
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 […]
National registration of paramedics – mandatory notifications: what paramedics need to know about their mandatory reporting obligations
With national registration of paramedics set to commence later this year, paramedics should start to familiarise themselves with the obligations and responsibilities that come with national registration. As registered health practitioners, paramedics will be subject to the provisions of the Health Practitioner National Law (the National Law) and as such, will be subject to mandatory […]
Overhaul gets the go ahead for mandatory reporting laws regarding treating healthcare professionals
On Friday 13 April 2018, the Council of Australian Governments (COAG) Health Council meeting of Australia’s health ministers unanimously agreed to amend the mandatory reporting laws in relation to registered health practitioners who seek treatment for impairments including mental health. Since the introduction of the Health Practitioner Regulation National Law, registered health practitioners and students […]
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 […]