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 […]
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INSIGHT: 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. […]
INSIGHT: The dos and don’ts of COVID-19 vaccine promotion
The roll-out of the Pfizer/BioNTech vaccine and Oxford/AstraZeneca vaccine has begun. Generally, the advertising of vaccines to consumers is prohibited in Australia, however some exceptions are now in place to support the roll-out of COVID-19 vaccines. To explain these exceptions, the Therapeutic Goods Administration (TGA) has issued a fact sheet which shows how vaccine providers […]
INSIGHT: The value of a pharmacy partnership or shareholder agreement
Many pharmacists go into business with trusted friends or colleagues, and with a strong common vision for their business. In many cases, the pharmacy will run smoothly and the owners will simply agree on the many decisions that need to be made in the day to day running of the business. Despite this, we always […]
INSIGHT: Privacy and External Dispute Resolution schemes: Limitations for healthcare credit providers
One of the intentions of the Privacy Act 1988 (Cth) (Privacy Act) is to enable an effective credit reporting system while safeguarding the privacy of individuals. To ensure that credit providers are able to comply with their responsible lending obligations, Part IIIA of the Privacy Act sets out: the types of personal information that credit […]
INSIGHT: 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 […]
INSIGHT: How small businesses can utilise the ACCC’s new collective bargaining class exemption
Small and medium businesses will have the ability to collectively bargain with their suppliers once the first ever class exemption granted by the ACCC commences this month. Background and the ACCC’s class exemption power Since November 2017, the ACCC has had the power to make class exemptions for certain types of conduct which may otherwise […]
INSIGHT: 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 […]
INSIGHT: 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 […]
INSIGHT: 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 […]
INSIGHT: 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 […]