Australia. High Court
This is a transcript from an application by Jayant Patel in the High Court of Australia seeking special leave to appeal a decision of the Queensland Court of Appeal. Mr Patel was convicted on three counts of manslaughter and one of unlawful grievous bodily harm for deciding to operate on a patient whose health was precarious. The patient suffered bleeding that could not be stopped and later died.
Counsel for Mr Patel argued that he did not have a trial according to law because he had been tried under section 288 of the Criminal Code (Qld), which does not include the decision to operate, and he should have been tried under section 282, which does.
Counsel submitted that the trial was a miscarriage of justice because the law was incorrectly put before the jury, and because the jury had heard much prejudicial evidence regarding the surgery, when the competence of the surgery was no longer an issue.
The Crown argued that the words in section 288 should capture the decision to operate, and the concept of surgery is wide and includes the decision. The Crown also argued that the evidence regarding surgery was necessary and relevant to prove causation.
The Court granted the application for leave to appeal based on the interpretation of the Criminal Code (Qld). The Court requested further particulars regarding the miscarriage of justice and referred the application to an expanded court.
Australia. Federal Court
The Secretary of the Department of Health and Ageing brought an application in the Federal Court before Perram J against Export Corporation (Australia) Pty Ltd (respondent) for importing and supplying therapeutic goods in contravention with the Therapeutic Goods Act 1989 (Cth) (Act).
The Act proscribes the importation or supply of therapeutic goods that are neither listed nor registered with the Australian Register of Therapeutic Goods (ARTG). Goods that contain certain harmful ingredients cannot be listed and must be registered. A number of the products imported and supplied by the respondent contained such ingredients, and were not registered.
The facts were not contested, so the court assessed the appropriate size of the civil penalty. Perram J held that there were 10 contraventions, each with a maximum penalty of $5.5 million. His Honour considered that the respondent had not previously contravened the Act, the contravention was not deliberate (based on a reasonable misunderstanding), no loss was suffered by anyone as a consequence and also that the error was made at a high level in ignorance of the seriousness of the requirements.
The court stated that the purpose of the penalty was punishment and deterrence, both of the wrongdoer and others, and decided the total penalty was $4.811 million. This was reduced to $3.127 million due to the respondent's cooperation with the Secretary. The court ordered the parties to bring in short minutes of order within seven days giving effect to the reasons.
New South Wales. Psychologists Tribunal
Private Health Insurance (Prostheses) Rules 2012 (No. 1) F2012L00335 o as made
National Health (Listing of Pharmaceutical Benefits) Amendment Instrument 2012 (No. 1) (No. PB 1 of 2012) F2012L00288 o PB 1 of 2012 as made
National Health (Price and Special Patient Contribution) Amendment Determination 2012 (No. 1) (No. PB 2 of 2012) - F2012L00272 o PB 2 of 2012 as made
Australia. Department of Health & Ageing
- 16 February 2012 - Parramatta Headspace Opens for Young People in Western Sydney - Young people living in Parramatta and surrounding areas will benefit from a new headspace service.
- 15 February 2012 - $39.8 Million Boost For Home and Community Care Across Queensland - The Federal Government and the Queensland Government have announced a $39.8 million boost for home and community care services throughout Queensland.
- 15 February 2012 - Means-test is historic victory for working Australians - Health Minister Tanya Plibersek said the passage of legislation to means-test the private health insurance rebate through the House of Representatives was a historic victory for working Australians.
- 15 February 2012 - More Respite Services for Carers Living in Four Corners of Australia - The Federal Government is providing more than $293 million to guarantee the future of respite services under the National Respite for Carers Program, including Demonstration Day Respite Services until 30 June 2014.
- 15 February 2012 - NRL Partnership Announced at National Launch of DonateLife Week 2012 - A partnership between the National Rugby League and the Federal Government to encourage more people to become organ and tissue donors was announced on 15 February at the national launch of DonateLife Week 2012.
- 14 February 2012 - National Blood Authority - New General Manager Appointed - Mr Leigh McJames has been appointed as the new general manager of the National Blood Authority, the Parliamentary Secretary for Health and Ageing, Catherine King, has announced.
- 12 February 2012 - New System to Crackdown on Prescription Painkiller Abuse - The Federal Government will set up a new $5 million national electronic records system to combat abuse of controlled drugs, including prescription painkillers.
- 12 February 2012 - Not-For-Profit Sector Tax Concession Working Group - The membership and terms of reference for a new working group to consider ideas for better delivering the support provided through tax concessions to the not-for-profit sector have been announced.
Private Health Insurance Circular - PHI 08/12 Delay of the February 2012 Prostheses List
Australia. Parliamentary Library
Private health insurance premium increases - an overview and update [ PDF 486KB]
Australia. Private Health Insurance Administration Council
16 February 2012 - Notification Requirements Under The Private Health Insurance (Insurer Obligations) Rules 2009 - Current Edition - 12/03
Australia. Medical Board of Australia
8 February 2012 - The Medical Board of Australia has released a consultation paper on the funding of external doctors' health programs. | Read Article
Australia. Nursing & Midwifery Board of Australia
1 February 20120 - The Nursing and Midwifery Board of Australia releases its latest communique. | Read Article
Australia. Podiatry Board of Australia
9 February 2012 - The Podiatry Board of Australia releases a consultation paper on Specialist Registration Standards. | Read Article
7 February 2012 - The Podiatry Board of Australia releases its latest communique. | Read Article
Australia. Chinese Medicine Board of Australia
14 February 2012 - Interview with Professor Charlie Xue, Chair of the Chinese Medicine Board of Australia discussing registration. | Read Article
14 February 2012 - The Board has released further answers to frequently asked questions regarding its English Language Standard. | Read Article
Australian Institute of Health & Welfare
15 February 2012 - Incidence of insulin-treated diabetes in Australia 2000-2009 (media release)
10 February 2012 - Comorbidity of mental disorders and physical conditions 2007
Australia. National Health & Medical Research Council
9 February 2012 - 10 of the Best Health and Medical Research Projects 2011 Launch - Cone snails are not an obvious place to look for medicine's next significant breakthrough, but this is exactly where Dr Richard Lewis and his research team have found a promising new treatment for chronic pain. This research, which is currently at the clinical trial stage, makes use of cone snail toxins to create new pain treatments that lack the side effects associated with existing drugs. It is one of the research projects showcased in the National Health and Medical Research Council...
Australia. Therapeutic Goods Administration
16 February 2012 - Documents released under Section 11C of the Freedom of Information Act 1982. Added FOI 219-1112 documents.
16 February 2012 - Greenridge herbal liquid medicines: swapped labels - This recall is being conducted because the affected bottles have been mislabelled.
13 February 2012 - Advisory Committee on the Safety of Medicines (ACSOM) - Updated membership information.
10 February 2012 - Poly Implant Prothese (PIP) breast implants - TGA update - Updated information on PIP breast implants.
10 February 2012 - Export Corporation penalised $3.1 million for importing and supplying products not on the ARTG - On 3 February 2012 the Federal Court ruled that Export Corporation (Australia) Pty Ltd should pay civil penalties of just over $3.1 million for importing and supplying a number of products that were not on the ARTG.
New South Wales. Ministry of Health
- 14 February 2012 - Progress for Raymond Terrace GP Super Clinic / HealthOne
- 9 February 2012 - NSW Government To Strengthen Forensic Mental Health System
- 8 February 2012 - Overhaul
of IPTAAS a win for country patients
- Human Tissue - Consent for Donation of Regenerative Tissue by Young Children & Consent Form-PD2012_014-13/02/2012
Queensland. Department of Health
- 16 February 2012 - Nambour locals to benefit from new research
- 16 February 2012 - Fraser Coast locals to benefit from new research
- 16 February 2012 - Queenslanders to benefit from new research
- 11 February 2012 - New health foundation for Queensland's kids
South Australia. Department of Health
- 8 February 2012 - Measles case
- 8 February 2012 - Patient experience remains a priority for SA Health
- 13 February 2012 - Thinking positive about mental illness
- 13 February 2012 - New Community Mental Health Centre for nothern suburbs
Tasmania. Department of Health & Human Services
- 14 February 2012 - Prevention Saves Lives and Money - Minister for Health
- 12 February 2012 - Tasmanian Drug Abuse Prevention Scheme Goes National - Minister for Health
- 11 February 2012 - Local Jobs Key for Royal Hobart Hospital Redevelopment - Michelle O'Byrne, MP and Tanya Plibersek, MP
- 15 February 2012 - More funds for frontline disability services
- 15 February 2012 - More smoke-free areas in Tasmania
- 15 February 2012 - Diabetes program saving lives and money
Victoria. Department of Health
- 14 February 2012 - Victoria provides $2 million for ground-breaking diabetes care trial - Minister for Health David Davis today announced the Victorian Coalition Government has committed $2 million for a new pilot scheme to improve care for people with diabetes.
- 14 February 2012 - Shortlist bidders for Bendigo Health announced - Preparation for the construction of the new Bendigo Hospital has taken its next step forward, with the announcement of a shortlist of two consortia to respond to the detailed tender brief.
- 10 February 2012 - Applications open for new GLBTI grant round - Funding of more than $180,000 is now available for groups and organisations to assist and promote mental health initiatives for Gay Lesbian Bisexual Transgender and Intersex young people in local communities.
- 17 February 2012 - Ground-breaking diabetes care trial - The Victorian Government has committed $2 million for a new pilot scheme to improve care for people with diabetes.
- 14 February 2012 - Recognising the role of women in emergencies - To celebrate International Women's Day 2012, the Department of Health and Department of Human Services is staging a free half-day forum titled "Women and Emergencies".
- 10 February 2012 - Enterprise Agreements - Latest information about nurses and midwives enterprise bargaining agreement.
- 10 February 2012 -
Premier's Award for Health and Medical Research -
Applications are now open for the 2012 Premier's Award for
Health and Medical Research.
Health Victoria - Read latest edition
Western Australia. Department of Health
- 16 February 2012 - Minister for Health: Big drop in ambulance ramping
- 15 February 2012 - Minister for Health: Design for Midland Health Campus unveiled
- 15 February 2012 - DonateLife Week 19-26 February 2012 - Ask and know your loved ones' wishes
- 14 February 2012 - Minister for Mental Health: Grant for arts and disability in Esperance
New Zealand. Ministry of Health
13 February 2012 - Mental Health and Addiction: Service use 2009/10 (provisional) - This publication provides information on mental health and addiction services provided by secondary organisations in the 2009/10 financial year (July 009 to June 2010).
United Kingdom. Department of Health
NPC publishes reports into controlled drugs - The National Prescribing Centre (NPC) has published three reports commissioned by the Department of Health, concerning the safe management and use of controlled drugs in the ambulance and paramedic sector.
Health and Social Care Bill explained - The Health and Social Care Bill is now in its Report Stage in the House of Lords.
Online patient feedback linked to hospital performance - Imperial College London has published independent research that links online patient feedback and objective measures of hospital performance.
National Institute for Health Research to award professorships - Eight of the UK's most promising leaders in medical health research will each be awarded a National Institute for Health Research professorship, the Government announced today.
Ten reasons why we need a Bill to make these reforms work - Health Minister Simon Burns explains why the Health and Social Care Bill is needed to make the changes that are being proposed for the NHS.
Responsibility deal showcases collaborative work to improve public health - If you're interested in finding out more about how to get involved in improving public health - as an employer, or through commercial actions or community activities.
Smokers are urged to quit for Valentine's Day - Smokers are being urged to improve their romantic chances by stopping smoking on Valentine's Day. They can pick up a free Quit Kit from their local pharmacy.
Australian Medical Association
13 February 2012 - Savings from private health means test changes must go to health - AMA President, Dr Steve Hambleton said today that,should the Government succeed in getting its private health insurance means test changes through the Parliament, all savings should be ploughed back into the health system. Dr Hambleton said that the extra funding would assist cover existing need in the system and help compensate the public hospital system for any extra demand that may occur as a result of the changes.
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