ARTICLE
26 September 2012

Health Alert: 24 September 2012

This alert includes links to recent cases, legislation, reports and media releases relating to the health industry.
Australia Food, Drugs, Healthcare, Life Sciences

CASES

Australia. Federal Magistrates Court of Australia

AGIUS V ST VINCENT'S HEALTH [2012] FMCA 840 (14 SEPTEMBER 2012)

Joanna Agius (the applicant) sought remedies for alleged discrimination against her by St Vincent's Health (the respondent). The applicant is deaf. On three separate occasions the applicant attended the Emergency Department at the respondent's premises.

The applicant claimed that on each occasion the respondent discriminated against her in that they did not ensure that an accredited Auslan interpreter assisted her. The applicant also claims that the respondent imposed a 'requirement or condition' on her that she access and/or received medical treatment without the assistance of an Auslan interpreter.

On each occasion, the applicant attended with a friend, an Auslan student, to assist her in communicating with staff. The applicant also used written English to communicate. On each occasion the applicant received appropriate medical treatment and did not complain about feeling upset or humiliated after each visit to the respondent's Emergency Department.

The respondent contended that the applicant had the assistance of her friend, an Auslan student, and that on one occasion they had booked an Auslan interpreter to assist, however the interpreter had fallen ill and could not attend. The respondent argued that the applicant was able to access and receive medical treatment on each occasion. This was accepted by the Court.

The Court held that the respondent has not discriminated or imposed a 'condition or requirement' that the applicant receive medical attention without the assistance of an Auslan interpreter. The application was dismissed.

LEGISLATION

Commonwealth

Health Insurance Amendment (Extended Medicare Safety Net) Act 2012

Private Health Insurance (Complying Product) Amendment Rules 2012 (No. 7)
F2012L01888 " as made

Private Health Insurance (Benefit Requirements) Amendment Rules 2012 (No. 5)
F2012L01887 " as made

Western Australia

QUEEN ELIZABETH II MEDICAL CENTRE AMENDMENT BILL 2012

REPORTS & MEDIA RELEASES

Australian Institute of Health & Welfare

Aged care packages in the community 2010-11: a statistical overview
Residential aged care in Australia 2010-11: a statistical overview
19 September 2012 - Media release

Australia. National Health & Medical Research Council

14 September 2012 - Focussing on the needs of the child in managing ADHD

Australian Health Practitioner Regulation Agency and the boards

17 September 2012 - National Occupational Therapy Board and AHPRA increase transparency and publish Health Profession Agreement. Read Article

17 September 2012 - National Chinese Medicine Board and AHPRA increase transparency and publish Health Profession Agreement. Read Article

17 September 2012 - National Physiotherapy Board and AHPRA increase transparency and publish Health Profession Agreement. Read Article

Australian Commission on Safety & Quality in Health Care

17 September 2012 - On the Radar – Issue 97 (90KB)

Australia. Therapeutic Goods Administration

17 September 2012 - Consultation: Over-the-counter (OTC) medicines business process reform - Medsafe and the TGA are seeking comments from interested parties on proposed reforms to the business processes for the evaluation of over-the-counter (OTC) medicines

18 September 2012 - TGA presentation given at the PDA Australia Chapter seminar - The presentation addressed the current direction of international standards for the development, validation and routine control of Ethylene oxide and radiation sterilization processes for health care products

18 September 2012 - Serenace 0.5mg tablet bottle (containing haloperidol) - The manufacturer has received reports of tablets from the affected batch with black spots (mould) identified as Penicillium species

18 September 2012 - Transition arrangements - Australian regulatory framework for biologicals - The Australian regulatory framework for biologicals came into effect on 31 May 2011 with a three year transition period

18 September 2012 - Key date for sponsors of biologicals - 30 November 2012 is a key date for sponsors of biologicals that are currently supplied in Australia but are not currently included in the ARTG

Australian Capital Territory. Health Directorate

14 September 2012 - Caretaker Period - The ACT Government is currently in caretaker period before the upcoming election on 20 October 2012. More latest news

New South Wales. Ministry of Health

Media releases

18 September 2012 - Policy directive - Data collections-disclosure of unit record data for research or management of health services-PD2012_051

18 September 2012 - Information bulletin - Health Records and Medical/Clinical Reports - Rates-IB2012_032

Queensland. Department of Health

Media releases

South Australia. Department of Health

Tasmania. Department of Health & Human Services

Media release

Victoria. Department of Health

Media releases

Risk Watch Volume 9, Issue 5 (doc)

Western Australia. Department of Health

Media releases

New Zealand. Ministry of Health

19 September 2012 - Consultation on Paying Family Carers to Provide Disability Support 2012

United Kingdom. Department of Health

New programme to ensure greater local choice of care services - Today, the Department of Health launched a new programme to help provide more choice and higher quality of care and support services across the country. The Developing Care Markets for ... Read more – New programme to ensure greater local choice of care services

Australian Medical Association

19 eptem er 2012 - Alcohol Industry self-regulation has failed - Alcohol Marketing and Young People: Time for a new policy agenda - AMA President, Dr Steve Hambleton, said today that alcohol industry self-regulation has failed and called on the Government to establish a Federal Inquiry into alcohol marketing in Australia. Releasing a new AMA report – Alcohol Marketing and Young People: Time for a new policy agenda – Dr Hambleton said that alcohol marketing to young people was at an unprecedented level and was embracing new platforms, including social media, to lure teenagers and young adults into early and potentially harmful drinking patterns.

British Medical Association

18 September 2012 - EU plans threaten data security - Doctors leaders have warned MPs that changes to EU data protection rules could put existing patient ...

18 September 2012 - GMC reports record number of complaints - Doctors are more likely to face a GMC investigation because of a record rise in complaints, the regu...

18 September 2012 - Confusion and uncertainty in sexual health - With STIs on the rise and funding arrangements in flux, there is widespread anxiety about the forthc...

18 September 2012 - GP trainee becomes juniors leader - London GP trainee Ben Molyneux has been elected to lead the UK's junior doctors. Dr Molyneux w...

17 September 2012 - Cream of the crop - Teenaged success as a door-to-door dairy salesman set Alan McDevitt on an unconventional path to bec...

17 September 2012 - Public health 'panic' warning - The BMA is calling on ministers to reassure local authorities about public health spending urgently,...

14 September 2012 - DNAR case prompts BMA ethical guidance reminder - Doctors are reminded that BMA advice is available to help them make difficult ethical decisions, suc...

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