Australia: Health Alert - 30 April 2012

Last Updated: 1 May 2012
Article by Andrew Forbes


Australia. Administrative Appeals Tribunal

Kongvic Pty Ltd and Secretary, Department of Health and Ageing [2012] AATA 227 (18 April 2012)

Practice and procedure – extension of time to lodge an application for review –Pharmaceutical Benefits Scheme – application was not accompanied by the prescribed fee – application lacks utility – application refused.

South Australia. Health Practitioners Tribunal

Childs v Psychology Board of Australia [2012] SAHPT 3 (13 April 2012)

Dr Gary Childs (the appellant), a registered psychologist, appealed a decision of the Psychology Board of Australia (the respondent) refusing to endorse his registration as a psychologist in the areas of clinical psychology and educational and developmental psychology. Endorsement would have enabled him to hold out to the public that he had these titles. He had a research PhD with a component of applied psychology.

To be eligible for endorsement, the Health Practitioner Health Practitioner Regulation National Law Act 2009 (Qld) requires that the practitioner have either an approved qualification or substantially equivalent qualification. The Guidelines on areas of practice endorsements require qualifications in either:

  • An accredited doctorate in an approved practice area and a minimum of one year of supervised work
  • An accredited Masters in one of two approved practice areas and a minimum of two years of supervised work
  • Another qualification that the Board considers is substantially equivalent to the above.

The Tribunal held that the appellant's doctorate did not have the required coursework and placement components. Furthermore, the appellant's qualifications were not a substantial equivalent as his doctorate was simply a research project.

The appellant claimed that he met all professional standards and competencies. He submitted that he had skill, practice and experience, which the system did not allow for. The Tribunal responded that its purpose was to consider whether the appellant met the criteria for endorsement. It was not within the Tribunal's jurisdiction to consider policy as reflected in the legislation. The appeal was dismissed.

Tasmanian Health Practitioners Tribunal

The Tasmanian Board of the Medical Board of Australia -v- Ross Douglas Whittaker (Ref No. 3/2011) [2012] TASHPT 1 (12 January 2012)

Western Australia. State Administrative Tribunal

LS and Mental Health Review Board [2012] WASAT 76 (20 April 2012)

LS (the applicant) requested the Mental Health Review Board (the respondent) review Dr L's decision to make the applicant an involuntary patient. The applicant's patient status changed from involuntary, to voluntary and back to involuntary. The Board's review determined that the applicant should temporarily remain as an involuntary patient. The applicant applied to the Tribunal to review the Board's decision.

Meanwhile, Dr L completed a community treatment order and the applicant requested that the Board also review this. At this review, the Board decided that the patient was no longer an involuntary patient within the Mental Health Act 1996 (WA) (Act) and therefore it did not have jurisdiction to review the applicant's status.

The applicant submitted that the Tribunal had jurisdiction to review the Board's first order even though the applicant was no longer an involuntary patient. She submitted this on the basis of, amongst other things, the social purpose of the Act, and the need for a remedy against unlawful, coercive action. The Tribunal responded that it did not have inherent jurisdiction to hear this matter and the Act did not provide it with authority.

The Tribunal applied the decision of LM and the Mental Health Review Board [2006] WASAT 123. In LM the Tribunal concluded that all requested reviews to the Board required the continued existence of the patient's involuntary status. Therefore, the Tribunal could not review the original order because the Board did not previously have jurisdiction to review it either.



National Health Act 1953 - Amendment determination under paragraph 98C(1)(b) -conditions (No. PB 29 of 2012)

National Health (Price and Special Patient Contribution) Amendment Determination 2012 (No. 3) (No. PB 28 of 2012)

National Health (Listing of Pharmaceutical Benefits) Amendment Instrument 2012 (No. 3) (No. PB 27 of 2012)

National Health (Weighted average disclosed price - third transitional disclosure cycle) Determination 2012 (No. PB 12 of 2012)


Australia. Department of Health & Ageing

26 April 2012 - Working Together to Break the Cycle of Hospitalisation and Homelessness - As part of a new National Partnership Agreement on Mental Health, the Australian Government will provide the NSW Government with $57.6 million over five years for three new projects that will improve the care and support provided to people living with severe mental illness.

24 April 2012 - New Perinatal Mental Health Guides for Clinicians

Australian Institute of Health & Welfare

26 April 2012 - Younger people with disability in residential aged care: 2010-11(media release)

24 April 2012 - A working guide to international comparisons of health (24 Apr 2012)

Australia. Parliament. House of Representatives. Standing Committee on Health & Ageing

New inquiry - Inquiry into Health Issues across international borders

Australia. Health Practitioner Regulation Agency & the Boards

27 April 2012 - The Optometry Board of Australia releases its latest Communiqué. | Read Article

27 April 2012 - The Psychology Board of Australia releases its latest Communiqué. | Read Article

26 April 2012 - The [Physiotherapy] Board releases a statement regarding a new pathway for graduates from Australian non-accredited courses. | Read Article

24 April 2012 - The Medical Radiation Practice Board of Australia has released a position statement to clarify its Professional Indemnity Insurance requirements. | Read Article

24 April 2012 - The Occupational Therapy Board of Australia releases a Communiqué. | Read Article

23 April 2012 - The Pharmacy Board of Australia invites submissions for its latest consultation paper. | Read Article

20 April 2012 - Seeking qualified and experienced parties to review the Enrolled Nurse Competency Standards. | Read Article

19 April 2012 - The Medical Board of Australia releases its latest Communiqué. | Read Article

19 April 2012 - New legal requirements apply to Chinese medicine practitioners from 1 July. | Read Article

19 April 2012 - The [Chinese Medicine] Board has published advertisements in a range of community newspapers about the new legal requirements. | Read Article

19 April 2012 - The Board has released an FAQ regarding evidence requirements and further general application questions. | Read Articl


17 April 2012 - The Pharmacy Board of Australia releases its latest Communiqué. | Read Article

17 April 2012 - The Medical Radiation Practice Board has updated its Equivalent Qualifications List. | Read Article

17 April 2012 - The Dental Board of Australia release guidance on when to be registered. | Read Article

16 April 2012 - The Nursing and Midwifery Board of Australia releases its latest Communiqué 22/03/2012 | Read Article

Australia. Therapeutic Goods Administration

26 April 2012 - Public submissions on scheduling matters referred to ACCS#4 and ACMS#5 (February 2012) - Additional submissions on scheduling matters for ACCS and ACMS February 2012 meetings.

26 April 2012 - Reasons for scheduling delegates' interim decisions & invitation for further comment, April 2012 - Interim decisions and reasons for scheduling decisions and invitation for further submissions. Closing date: 10 May 2012.

26 April 2012 - The Poisons Standard (the SUSMP) - Added SUSMP No. 3 publication information and order form.

26 April 2012 - Invitation for public comment - ACMS and ACCS meetings, June 2012 - Notice inviting public submissions under Regulation 42ZCZK of the Therapeutic Goods Regulations 1990. Closing date: 25 May 2012

26 April 2012 - Scheduling news - Updates and news about scheduling medicines and poisons

23 April 2012 - Consultation document on levels and kinds of evidence to support indications and claims for listed medicines - feedback invited - The TGA is seeking comment from interested parties on the draft of the document "Evidence Required to Support Indications for Listed Medicines (excluding sunscreens and disinfectants)".

Australian Capital Territory. Department of Health

23 April 2012 - Emergency Department Data Discrepancy - The discrepancies relate to statistics about waiting and treatment times in the Canberra Hospital Emergency Department.

New South Wales. Ministry of Health

Media releases

Policy directive

Terms of Reference - Health Check: Ambulance Service of NSW

Queensland. Health Quality & Complaints Commission

Dr Right credentialing report tabled

South Australia. Department of Health

Media release

Tasmania. Department of Health & Human Services

Media release

26 April 2012 - Tasmanians now enjoy iodine health benefits

26 April 2012 - Tasmanian Homelessness Plan 2010-2013 – Mid-term report

Victoria. Department of Health

Media releases

23 April 2012 - Check your HALO this Immunisation Week - This year is the first time that Australia is taking part in Immunisation Week 2012, held across the Western Pacific Region from 23–29 April 2012.

Western Australia. Department of Health

Media releases

New Zealand. Ministry of Health

26 April 2012 - Guide to Getting Hearing Aids: Hearing Aid Funding Scheme - If you have a hearing loss, hearing aids may be part of the solution to improve your hearing. This booklet gives you information about the Ministry of Health's Hearing Aid Funding Scheme, how you could get hearing aids, the benefits of hearing aids and what you can expect from audiology services.

24 April 2012 - Suicide Facts: Deaths and intentional self-harm hospitalisations 2009 - Summary - This annual statistical publication presents and summarises suicide information received from the New Zealand Mortality Collection, and admissions to hospital for intentional self-harm sourc

23 April 2012 - Improving the System: Meeting the Challenge - Summary - The Improving Patient Flow Toolkit has been developed in collaboration with a sector-based working group, and comprises 10 improvement strategies.

United Kingdom. Department of Health

Drugs and alcohol recovery launches online bulletin - Following the launch last month of eight payment by results pilot sites for drugs and alcohol recovery treatment services, the Payment by Results for Recovery Pilot Programme has now launched... Read more --> - Drugs and alcohol recovery launches online bulletin

Have your say on the future of nursing and care - The independent Nursing and Care Quality Forum would like to hear your views on the quality of nursing and care, and how you think this could be improved. The Forum's... Read more --> – Have your say on the future of nursing and care

Design Council dementia challenge launch - Follow @designcouncil and @DCchallenges now for live tweets of their Dementia Challenge Launch. Five groundbreaking designs, including a dementia support dog, a room fragrance system to stimulate people's appetites and... Read more --> – Design Council dementia challenge launch

Mental health stakeholders meet to discuss long-term conditions strategy - The Department of Health has met with a small group of mental health stakeholders to discuss the long-term conditions strategy it is drafting. Today's meeting focusing on mental health... Read more --> – Mental health stakeholders meet to discuss long term conditions strategy

Health Secretary sets out objectives for NHS Commissioning Board Authority - Health Secretary Andrew Lansley has set out the Government's strategic objectives for the NHS Commissioning Board Authority and the basis against which the Authority will be held to account. The... Read more --> – Health Secretary sets out objectives for NHS Commissioning Board Authority

Can the NHS improve quality while saving money? - Health Minister Simon Burns explains how better care and listening to patients about their experience of care can result in the NHS having to spend less money. In his latest... Read more --> – Can the NHS improve quality while saving money?

Canada. Health Canada

26 April 2012 - Harper Government Protects Food Safety, Reduces Red Tape

26 April 2012 - Harper Government Cuts Red Tape that Delays Access to Over-theCounter Drugs

25 April 2012 - Child Car Seat Cross Border Shopping - What Parents and Caregivers Should Know

Canadian Medical Association

26 April 2012 - New credential certifying MDs' leadership skills proving popular

23 April 2012 - Nunavut an "eye-opener" as CMA tackles health care's social issues

19 April 2012 - New institute will move MD health issues to centre stage

16 April 2012 - MDs tackle referral processes in battle to reduce wait times

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DLA Piper Australia is part of DLA Piper, a global law firm, operating through various separate and distinct legal entities. For further information, please refer to

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