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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Make privacy a priority, today and every day
Currently, 85% of all Australians have a clear understanding of why they should protect personal information, yet 49% don’t know how to do it. Privacy Awareness Week (PAW 2021) runs from 3-9 May 2021. The theme for PAW2021 is ‘Make privacy a priority’. PAW 2021 is about sharing information and practical tips that empower organisations […]
Do your staff members understand their obligations regarding the handling and storage of personal information?
A recent decision of the Australian Information and Privacy Commissioner, Commissioner Falk, highlights the importance of staff training on the collection and storage of personal information and the need to manage customers’ personal information in an open and transparent way. In 2017, Flight Centre held a ‘design jam’ to create technological solutions for travel agents. […]
New and expanded AHPRA Advertising Guidelines: a welcome aid to compliance
Meridian Lawyers has published several Health Insights in the past about the importance of understanding and adhering to the advertising obligations set out under section 133 of the National Law. However, claims concerning advertising continue to be a recurring theme in our Health Law practice, indicating some persisting confusion about the boundaries of what is […]
A case scenario on patient privacy – can I discuss a deceased patient’s care with their family members?
Meridian Lawyers often receives calls from doctors and other health practitioners requesting one-off advice relating to their day-to-day practice. Recently, we have received a number of requests for advice about patient privacy and more specifically about the circumstances in which a health practitioner might be permitted to discuss a deceased patient with their family. The […]
A case scenario on death certificates – who can sign them and when?
Meridian Lawyers often receives calls from doctors and other health practitioners requesting one-off advice relating to their day-to-day practice. One common and enduring theme of these requests for advice is death certificates – who can prepare them, and when? For example, if a patient dies in an aged care home, can a locum doctor certify […]
Federal Court of Australia confirms Professional Services Review (PSR) has the power to order part repayments
Professional Services Review (PSR) is a Commonwealth Agency whose objective is to protect the integrity of the Commonwealth Medicare benefits, dental benefits and pharmaceutical benefits programs and, in doing so, protect patients and the community from the risks associated with ‘inappropriate practice’, and protect the Commonwealth from having to meet the cost of medical and […]
Coroners Court Directions Hearings now required within 28 days for mandatory inquest deaths
The Victorian State Coroner recently issued Practice Direction 5 of 2020 – ‘Directions Hearings in Mandatory Inquests’, requiring that in all cases where an inquest must be held, and unless reasons exist otherwise, a Directions Hearing will be convened within 28 days of the death being reported to the Coroner. A mandatory inquest is required […]
No half doses in pharmacy ownership
A reminder to pharmacy proprietors of their key responsibilities Meridian Lawyers regularly assists a range of healthcare professionals to understand the legal and professional obligations that attach to their particular profession. Recently, in NSW, we have assisted a number of proprietor pharmacists who have come under close scrutiny by the Pharmacy Council of NSW following […]
VCAT upholds use of immediate action power to suspend doctor over social media use
Meridian Lawyers recently published an article examining the power to take immediate action against health practitioners under section 156 of the National Law (if you missed it, that article can be read here). It considered a recent VCAT decision[1], wherein a doctor was suspended under section 156(1)(e), being the power to take immediate action in […]
UK High Court applies established duty of care principles to legalise professional guidance which permits disclosure of confidential information to a proximate third party without consent
ABC v NHS — Background The UK High Court[1] applied established duty of care principles to legalise professional guidance which permits disclosure of confidential information to a proximate third party without consent, in circumstances where the medical professional has properly undertaken the requisite balancing exercise of risks and interests affecting the patient, third party and […]