Insights Sectors: Medical Practitioners

In July 2018 the Australian Health Practitioner Regulation Agency (AHPRA) and Victoria Police announced a Memorandum of Understanding (MOU) regarding information sharing. Under the Victorian agreement, AHPRA can disclose information to Victoria Police where there are allegations or evidence of criminal offending including physical harm, sexual offending, production of exploitative material, or drug offences. The […]

From 1999 onwards, Dr Emil Gayed worked in public and private hospitals across NSW. During that time, complaints and concerns were raised regarding Dr Gayed’s professional practice and performance. Dr Gayed was disqualified from practice following a Tribunal finding that Dr Gayed had engaged in numerous incidences of unsatisfactory professional conduct, and that together they […]

The Victorian Health Complaints Commissioner (the Commissioner) can now issue general health warnings and ban unregistered service providers from treating patients, even before a complaint investigation is completed, if the Commissioner believes a health provider poses a serious danger to the public.  A breach of the new General Code of Conduct[1] (the Code) for providers […]

The concept of ‘Competent Professional Practice’ has been considered by Courts in a number of recent NSW cases determining medical negligence. In a recent medical negligence case South Western Sydney Local Health District v Gould [2018] NSWCA 69 (Gould),[1] the NSW Court of Appeal (NSWCA) considered the interpretation of the statutory ‘irrational’ exception to the […]

In a recent decision, the Federal Court of Australia confirmed that health care practitioners alleged to have engaged in ‘inappropriate practice’ in providing 80 or more professional services on each of 20 or more days during a relevant period are burdened with the evidentiary onus of establishing that there was an absence of alternative medical […]

The Shared Debt Recovery Scheme will take effect on 1 July 2019. The recent enactment of the Health Legislation Amendment (Improved Medicare Compliance and Other Measures) Bill 2008, will mean that from 1 July 2019 the Commonwealth Government will be able to pursue both individual medical practitioners and employing and contracting medical organisations for repayment […]

The Victorian of Court Appeal has settled the uncertainty regarding the protections provided by statutory privilege over medical records in the Victorian Civil and Administrative Tribunal (VCAT). The Victorian Court of Appeal has reversed a previous decision and confirmed that patients’ medical records are not protected by statutory privilege in a disciplinary hearing of the […]

This article was originally published as a PDL Practice Alert. It was written by Scott Ames, Principal and PDL Professional Officers, John Guy and Gary West. A recent inquest into the death of an elderly patient in Victoria [1] has put a spotlight on a pharmacist’s duty to exercise independent judgement when dispensing medication.   Background On 29 […]

The Victorian Department of Health has confirmed that the implementation of the ‘SafeScript’ real-time prescription monitoring system will begin later this year. The initial roll-out is set to take place in the Western Victoria Primary Health Network catchment area before it is extended to the remainder of the State in 2019. ‘SafeScript’ is intended to […]

In a not uncontroversial decision by the Supreme Court of Victoria late last year, the doorway to statutory privilege over patient medical records – once thought previously unavailable to practitioners facing disciplinary proceedings in the original jurisdiction of the Victorian Civil and Administrative Tribunal (VCAT) – has been unlocked. Dr Kemp was the subject of […]

With national registration of paramedics set to commence later this year, paramedics should start to familiarise themselves with the obligations and responsibilities that come with national registration. As registered health practitioners, paramedics will be subject to the provisions of the Health Practitioner National Law (the National Law) and as such, will be subject to mandatory […]