Insights Sectors: Health

In recent times, there has been a strong focus by revenue authorities on tax compliance by health service providers including operators of medical, dental, optometry and other allied health clinics. Payroll tax compliance in particular has been in the spotlight. In the recent decision of Commissioner of State Revenue V The Optical Superstore Pty Ltd […]

Amendments to the National Health (Pharmaceutical Benefits) Regulations 2017, published on 30 October 2019 provide for electronic prescriptions to be recognised as valid prescriptions. Electronic prescribing provides an option for prescribers and their patients to have an electronic prescription as an alternative to a paper-based prescription. The legislation includes additional form requirements for electronic PBS […]

Abstract A Sydney-based general practitioner has successfully appealed a finding of negligence based on an alleged failure to refer a patient for specialist treatment in the context of particular pathology results (which predated his involvement in the patient’s care) on a background of a chronic and prolonged health condition.   District Court proceedings [1] Mr […]

The Coroner has recommended that the Chief Psychiatrist in Victoria formulate a directive in relation to standard protocols for conducting visual observations of patients at in-patient facilities. The recommendation comes as the result of findings at the inquest into the death of a woman who passed away whilst she was an in-patient at a private […]

In 2019 we have seen an increased focus by AHPRA and the National Boards on ensuring the observance of professional boundaries between registered health service providers and their patients.  In our experience, investigations into professional boundary transgressions are most commonly triggered when a romantic relationship between the practitioner and the patient turns sour. However, these […]

Phelan v Melbourne Health [2019] VSCA 205 Defending or even assessing the merits of an action in medical negligence can often be challenging when the medical practitioners involved cannot recall the particular patient concerned. Through no one’s fault, memory can be impeded by the lapse of time and high patient volume loads. As such, it […]

Meridian Lawyers recently published a Health Insights article discussing the risks involved when health care professionals receive and retain gifts from their patients. Since then, the Victorian Civil and Administrative Tribunal (VCAT) has issued a decision which serves to not only underscore that counsel, but also to highlight the severe reprimands which may follow findings […]

The Office of the Australian Information Commissioner (the OAIC) has released a Guide to Health Privacy to assist health care providers to understand their obligations under the Privacy Act 1988 (Cth) (the Privacy Act) regarding the handling of sensitive health information about their patients and customers. Health care providers range from doctors, hospitals, allied health […]

The practice of pharmacy is highly regulated and modern society is becoming increasingly litigious. With that in mind, pharmacists should anticipate that they may be contacted by a statutory authority or investigator at some stage during their careers. In 2017-18, 1.9% of pharmacists in Australia were the subject of notification to AHPRA[1]. Common statutory authorities […]

The Health and Disability Services Complaints Office (HaDSCO) handles complaints about health, disability and mental health services in Western Australia. Consumers of health services in Western Australia can make complaints about individuals or organisations that provide health, disability or mental health services [1]. ‘Health services’ encompasses complaints about health services provided by: Medical practices, medical […]

Despite significant resistance by key stakeholders, amendments to mandatory reporting obligations in respect of registered health practitioners treating other health practitioners for medical conditions, including mental health issues, have now been passed by the Queensland parliament. This article follows Meridian Lawyers’ earlier Health Insights article (which can be read here), wherein we discussed the Council […]