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 […]
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INSIGHT: My Health Record: Important Information for Healthcare Providers
Introduction My Health Record is an online summary of an individual’s key health information. A My Health Record will be created for every Australian who wants one after 31 January 2019. An individual may cancel their My Health Record at any time. The My Health Record system is intended to allow for the online sharing […]
INSIGHT: Statutory privilege does not prevent disclosure of records in VCAT proceedings
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 […]
INSIGHT: No professional misconduct finding for General Practitioner’s ‘grave error of judgment’
An experienced and well-respected NSW General Practitioner with an otherwise unblemished record has faced disciplinary proceedings brought by the Health Care Complaints Commission (HCCC) before the Civil and Administrative Tribunal of New South Wales (the Tribunal).[1] While the Tribunal found that Dr Quan’s conduct was improper and unethical, the Tribunal did not uphold a finding […]
INSIGHT: Medication Misadventure – Methotrexate: A reminder to pharmacists to exercise independent judgment about the safety of a prescribed medicine.
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 […]
INSIGHT: Putting the past behind you? Not any more, as Medical Board starts displaying links to old disciplinary decisions on the National Register
Update published 29 August 2018: Board removes links to past disciplinary decisions – but not all of them Australian medical practitioners are expressing understandable concern about the Medical Board of Australia’s (MBA) recent decision to display links to published disciplinary decisions and court rulings on individual practitioner listings on the National Register (Register). The MBA’s decision […]
INSIGHT: Missing faxed scan result triggers the Coroners Court to call for robust standards regarding the communication of radiology results
The Coroners Court of Victoria has called for the development of a set of standards specifically setting out systems for the communication of imaging results, and defining the roles and responsibilities of diagnostician and referring doctors with respect to the same. The recommendations were made following an inquest into the death of Mr Mettaloka Halwala, […]
INSIGHT: Sparks v Hobson; Gray v Hobson [2018] NSWCA 29: Is this a prelude to the expansion of the peer professional opinion defence in NSW?
A recent decision by the NSW Court of Appeal has given rise to hopes that the current interpretation of the words “competent professional practice” as they appear in section 5O of the Civil Liability Act 2002 (NSW) (the Act) may soon be revised. Two members of the judiciary commented critically on the standing interpretation of […]
INSIGHT: ‘SafeScript’ Roll-out: An update for practitioners on important regulatory changes from 1 July 2018
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 […]
INSIGHT: Supreme Court of Victoria confirms availability of statutory privilege over clinical records in VCAT
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 […]
INSIGHT: National registration of paramedics – mandatory notifications: what paramedics need to know about their mandatory reporting obligations
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 […]