Insights Categories: Health

On 4 February 2015 the ACT Civil & Administrative Tribunal found a medical practitioner had breached section 141 of the Health Practitioner Regulation National Law (ACT) by failing to notify the Medical Board of Australia of Notifiable Conduct of another practitioner. The following facts were agreed: Dr A, a medical practitioner, owned a clinic and […]

Queensland’s new independent health complaints agency, the Office of the Health Ombudsman (OHO), commenced operation on 1 July this year. Replacing the Health Quality and Complaints Commission (HQCC), all health complaints in Queensland must now be directed to the OHO for investigation. The OHO will deal with any active health complaints previously with the HQCC. […]

When a patient sues a dentist alleging negligence it is the role of the court to weigh up the evidence and then make a determination – unless the parties resolve the dispute otherwise. This involves making findings of fact (e.g. the dentist did not perform an x-ray before proceeding with treatment) and then applying the […]

As of 12 March 2014, significant changes to the credit reporting regime under the Privacy Act 1998 (Cth) will impact on how dentists handle patients’ credit related information [1]. Are dentists credit providers? Do you provide credit in full or in part for at least seven days? Do you offer structured payment plans for your […]

Pharmacists in Victoria are governed by a number of different pieces of legislation and associated regulations. This article warns pharmacists not to overlook their obligations under section 32(4)(c) of the Pharmacy Regulation Act 2010 (Vic). Section 32 of the Act relates to a pharmacist’s obligation to keep accurate records of dispensed prescriptions (and details the […]

BreastScreen radiographers, as health professionals, owe a number of legal and ethical obligations to all women who attend for screening mammograms. These obligations stem from statute, the common law and ethical and professional guidelines. It is important for radiographers to be aware of these obligations, to ensure their services are provided professionally, and the rights […]

As a registered health professional applying for or renewing your registration, in accordance with your Board’s registration standards, you are required to declare that you have (or have not): met the recency of practice requirements; completed the required amount of continuing professional development (CPD); held appropriate professional indemnity insurance; and disclosed to AHPRA any criminal […]

Finally, some good news on the Medicare dental audits. In recent developments, several ADA branch members received letters from the Department of Human Services (DHS) announcing full waivers of alleged debts arising from claims under the Medicare Chronic Disease Dental Scheme (CDDS) before 1 April 2010. This follows the announcement by former Minister Kerr on […]

What were the legal implications of allowing a third party access to a pharmacy’s computer to identify patients who may benefit from the Home Medicines Review (HMR) program? Meridian Lawyers Managing Principal, Paul Baker, says that under no circumstances should a third party be allowed access to a pharmacy computer or for that matter any […]

The Department of Human Services has released its Compliance Program for the next two financial years (2013–2015), setting out its proposed strategies for assisting recipients, health professionals and businesses to comply with their obligations when receiving services or payments. This information is important for many health professionals, who deal with the Department on a regular […]

From 1 July 2012, all Australians can register for their own personally controlled electronic health (eHealth) record. Initially, an eHealth record contains basic information but as the system develops, healthcare providers (including allied health providers) will be able to add more information such as treatments, medications and allergies. Although this is an ‘opt-in’ system, health […]