Insights Categories: Health

Veterinary practice in WA: Proposed amendments to the current regulatory framework

The Veterinary Practice Bill 2021 (WA) (Bill) had its third reading in the legislative council on 2 September 2021. The Bill will repeal the Veterinary Surgeons Act 1960 (Current Act) and the Veterinary Surgeons Regulations 1979 (Current Regulations). The Bill introduces new regulations that align with the proposed regulatory framework. However, the regulations are not […]

Do you send personal information offshore?

A recent decision of the Australian Information and Privacy Commissioner highlights the responsibilities of global corporations with Australian users under Australian privacy law, particularly where the handling of personal information of Australians is outsourced to a company based overseas, whether that be a company within the same corporate group, or an unrelated third party. It […]

Pharmacists: are you ready for the COVID-19 vaccine rollout?

A refresher on the key responsibilities for pharmacists who conduct vaccinations The Australian Federal Government has announced that pharmacists will play a key role in the COVID-19 vaccination rollout strategy. Phases 2 and 3 of the vaccine rollout involve administering the vaccine in multiple locations, including community pharmacies.  Phase 2 of the vaccine rollout commenced […]

ACCC alleges SmileDirectClub misled consumers regarding health insurance reimbursements for clear teeth aligners

On 12 July 2021, the Australian Competition & Consumer Commission (ACCC) instituted proceedings in the Federal Court of Australia against SmileDirectClub Aus Pty Ltd and its US parent company, SmileDirectClub LLC (SmileDirectClub), alleging they had breached the Australian Consumer Law (ACL). The ACCC claims that between May 2019 and October 2020, SmileDirectClub breached section 18 […]

High court affirms parents can consent to puberty blockers on behalf of their children

UK: Winding back Bell v Tavistock[i]; High Court affirms that parents can consent to puberty blockers on behalf of their children, which are not (of themselves) part of any “special category” of treatment requiring Court approval. Abstract In AB v CD & Ors[2], the UK High Court effectively reversed the practical effects of Bell (which […]

Real time prescription monitoring: assisting practitioners to make better informed prescribing decisions

Real Time Prescription Monitoring (RTPM) is a national digital health system which was established by the Commonwealth Government. Each state and territory will implement their own local version of the RTPM system by their respective state and territory health instrumentalities. There will be core features and functionality to enable national consistency. The need for such […]

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, […]

Extended powers of HCC include investigating complaints incidental to the provision of health services

The facts BG, a myotherapist and a ‘general health service provider’ for the purposes of the Health Complaints Act 2016 (Vic) (the Act), engaged in a series of messages with (DB) on Instagram and Snapchat. DB was studying a Diploma of Remedial Massage. It was apparent from BG’s Instagram profile he was a myotherapist. The […]

Gender Dysphoria and Children: Lessons from R v Tavistock

R v Tavistock, Gender Dysphoria and Children: puberty blockers “interlinked” with cross-sex hormones such that informed consent extends to understanding future physical consequences of treatment; under 16s “highly unlikely” to be Gillick competent. Introduction In R v Tavistock[1], The UK High Court has held that treatment for Gender Dysphoria (“GD“) is contingent on court approval […]

VCAT confirms COAG Ministerial Direction 2019-1 not binding on Tribunals

In January last year, the Council of Australian Governments (COAG) Health Council published a new Ministerial direction with the intention of requiring AHPRA and the National Boards to make public protection the paramount consideration when administering the National Law. Policy Direction 2019-1 seeks to provide clarity on the application of the third guiding principle of […]

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. […]

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