Insights Sectors: Health

Apr 1, 2020

INSIGHT: Professional Services in New South Wales – approval is required

Professional services rooms are defined in Schedule 5F of the Health Practitioner Regulation National Law (NSW) (National Law) as “premises in or on which a person carries on a pharmacy business that involves only – the preparation and packaging of drugs, or the packaging of drugs, by or under the personal supervision of a pharmacist, […]

Apr 1, 2020

INSIGHT: Bushfire Emergency Declaration

The Privacy (Australian Bushfires Disaster) Emergency Declaration (No 1) 2020 came into force on 20 January 2020 in response to bushfires in Australia resulting in death, injury and property damage occurring from August 2019 into 2020. The Emergency Declaration will expire on 20 January 2021. The Emergency Declaration was made under Part VIA of Privacy […]

Mar 25, 2020

INSIGHT: A wrongful birth case study: Nouri v Australian Capital Territory [2020] ACTCA 1

The Australian Capital Territory Court of Appeal (ACT CoA) has recently issued a decision in a wrongful birth case, exploring issues around both breach of duty and causation. Ultimately, the Court decided in favour of the hospital which provided prenatal care to the infant’s mother. The decision is an interesting one, in that although the […]

Mar 5, 2020

INSIGHT: Health practitioner seeks help from the Federal Court to uncover identity of negative Google reviewer

Meridian Lawyers regularly assists health practitioners to respond to queries or complaints by AHPRA about their online advertising. In the process of providing this assistance, we are often asked by practitioners whether anything can be done about unfair testimonials that may be made about them on independent online platforms like Google. In an age where […]

Mar 3, 2020

INSIGHT: Dentist seeks help from the Federal Court to uncover identity of negative Google reviewer

Meridian Lawyers regularly assists health practitioners to respond to queries or complaints by AHPRA about their online advertising. In the process of providing this assistance, we are often asked by practitioners whether anything can be done about unfair testimonials that may be made about them on independent online platforms like Google. In an age where […]

Mar 3, 2020

INSIGHT: Help! I’m being Audited

Do you know what to do if your business is selected for a review or audit? Receiving notice of a tax review or audit is likely to be unexpected and very stressful.  The process is often lengthy and can take years to complete. If you do receive an audit notice you must comply fully and […]

Feb 21, 2020

INSIGHT: AHPRA releases revised Guidelines for Mandatory Notifications about registered health practitioners

On 21 February 2020, the Australian Health Practitioner Regulation Agency (AHPRA) released revised guidelines in anticipation of changes to mandatory notification requirements coming into effect in March 2020. The revised guidelines explain the requirements to make mandatory notifications under the updated legislative requirements for treating registered health practitioners, non-treating registered health practitioners, employers of registered […]

Feb 13, 2020

INSIGHT: Regulation of unregistered health practitioners in WA – is the current system adequate?

The mechanisms for complaints and statutory protections available for health care consumers, vary across Australia. In order to better protect the public and to set standards of conduct and practice for all unregistered health service providers, the Council of Australian Government (COAG) Health Council Final Report (COAG Final Report) recommended that every state implement the […]

Feb 10, 2020

INSIGHT: Audio and Video Records – are they legal?

It may seem an easier way in this technologically savvy world we inhabit, to simply record information or other data about patients, either by audio or visual means. This is attractive as records are correct and comprehensive and may be utilised in the defence of any complaint. However, there are legalities surrounding such records and […]

Jan 31, 2020

INSIGHT: Soutorine and The Medical Board of Australia [2020] WASAT 5

Facts Mikhail Soutorine is a medical practitioner (the practitioner).  In November 2019, the Australian Health Practitioner Regulation Agency (AHPRA) on behalf of the Medical Board of Australia (the Board) wrote to the practitioner and advised him that the Board had decided to take immediate action under section 156 of the Health Practitioner Regulation National Law […]

Jan 13, 2020

INSIGHT: A case study in causation

Chester v WA Country Health Service [2019] WADC 152 The facts Mr Chester (Plaintiff) was a 26 year old male who worked as plasterer by trade. On 31 July 2009 he suffered an injury to his left shoulder and presented to the Busselton Regional Hospital (Hospital) complaining of pain, general bruising and some grazing of […]

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