New South Wales. Court of Criminal Appeal
The applicant was found guilty of indecent assault offences and maliciously inflicting grievous bodily harm on a patient, whose genitals he removed without her consent, and given a maximum three and a half year sentence. He applied to the Court of Criminal Appeal for leave to appeal against the conviction for grievous bodily harm and other offences. Judge Hulme dismissed the application regarding the indecent assault offences. Judge Hall allowed the Director of Public Prosecutions appeal against sentence. Considered here is Chief Justice Bathurst's decision regarding the application for leave to appeal the grievous bodily harm conviction.
His Honour considered the Rogers v Whitaker (1992) 175 CLR 479 case which determined that to negative an offence of battery the consent required in cases of negligence is that the patient be "advised in broad terms of the nature of the procedure to be performed." The applicant submitted that a jury direction on consent, based on Rogers v Whittaker, was erroneous for various reasons, namely being given in a criminal trial. His Honour found that there had been a misdirection, the jury ought to have been directed that the Crown needed to have established, beyond a reasonable doubt, that the applicant did not honestly believe he had obtained consent. His Honour allowed the application but ultimately found that as no substantial miscarriage of justice had occurred and a legislative proviso came into operation, the applicant had held no honest belief that he had obtained consent and as such the appeal be dismissed.
New South Wales. District Court
The plaintiffs brought proceedings claiming psychiatric injury as a result of their mother's death which they alleged was caused by negligent treatment by the defendant's hospitals.
The hospitals had a duty towards the plaintiffs' mother and any one who may have been affected by their treatment of her. However, the duty of care was to the deceased and not the plaintiffs; if they had treated the deceased appropriately, they would not have committed a negligent act causing damage to the plaintiffs.
The judge found that unless a court considers peer professional opinion irrational, provided a medical professional acts in a manner widely accepted in Australia as peer professional opinion as to competent professional practice at the time the service was provided, a person does not incur liability in negligence arising out of the provision of a professional service (s 50 Civil Liability Act 2002 (NSW)). The defendant's medical staff acted in the best interests of the plaintiffs' mother, considering the fact that hospitals prioritise patient care in accordance with need an urgency, while under budgetary constraint.
The judge held that plaintiffs were unable to establish that if the hospitals had acted differently, their mother would not have died when she did. The plaintiffs' belief that their mother's treatment was mistaken and misguided had no basis in established facts and their psychiatric injuries were not caused by the defendant's negligence.
The judge found in favour of the defendant hospital and ordered the plaintiffs pay the defendant's costs.
Australia. Federal Court
Health law - regulation of medical practitioners - Professional services review scheme - validity of appointments to Professional services review panel and as Director of Professional Services Review - Health Insurance Act 1973 (Cth), Pt VAA, ss 84, 85 - requirement to consult with Australian Medical Association before appointment - consideration of the content of the obligation to consult - whether failure to comply with statutory precondition to exercise of power to appoint - whether appointments invalid. Statutory Interpretation - meaning of "consult" in s 84(3) of the Health Insurance Act 1973 (Cth). Evidence - presumption of regularity - evidence of existence or non-existence of "consultation" - burden of proof - acts peculiarly within the knowledge of one party.
Administrative law - judicial review under section 5 Administrative Decisions (Judicial Review) Act 1977 (Cth) - whether improper exercise of power - failure to account for relevant considerations or taking into account irrelevant considerations - delegate following department guide not having authority of statute - whether exercise of discretion in accordance with guide without consideration of merits of case - weight given by delegate to recommendations of expert committees - whether change of mind rather than change of underlying facts - whether delegate merely adopted committee recommendations - errors in original committee recommendations. Insurance - Private Health Insurance Act 2007 (Cth) - Private Health Insurance (Prostheses) Rules 2012 (No 2) (Cth) - power to create prosthesis list upon which approved devices listed - impact on stakeholders - power of Minister to remove approved prosthesis from prostheses list. Statutory Interpretation - proper construction of Private Health Insurance Act 2007 (Cth) - purpose of legislation - whether section 333-20 or section 72-10 of the Private Health Insurance Act 2007 (Cth) leading provision - whether exercise of power under section 72-10 part of rule-making function - whether Minister has power to review initial decision to list device on prostheses list - relevance of subsections 33(1) and 33(3) of Acts Interpretation Act to construction of Minister's power - whether contrary intention to application of Acts Interpretation Act - limitations on power of Minister to review or vary initial decision approving listing of prosthesis - finality of delegate's decision - ability to re-apply for prosthesis to be listed
ACT Civil & Administrative Tribunal
Occupational discipline - Health professional - censure of the applicant for filing documents not on the proper occasion - criteria for granting leave to appeal out of time: acceptable explanation of delay, any action taken by the applicant apart from the application to extend time, whether extending time would cause any prejudice to the respondent, mere absence of prejudice is not enough, merits of the substantive case, and fairness as between the applicant and other persons in a like situation - whether the applicant was denied procedural fairness by the Tribunal at first instance.
New South Wales. Nurses & Midwives Tribunal
Complaint against a nurse - unsatisfactory professional conduct - professional misconduct - nonpublication order - protective orders - boundary issues - vulnerability - sexual and personal relationship - failure to give evidence - costs - protective - punitive.
Appeal against decision to refuse registration. Whether the appeal under s175 of the national law is an appeal de novo. Where appellant asserts respondent has wrongly interpreted the Recency of Practice Standard (the Standard) approved under national law. Where appellant asserts unfair and prejudicial to her to take into account in interpreting the Standard the Re-entry to Practice policy (the Policy) published by the respondent after appellant's application for registration lodged. Held - the appeal is an appeal de novo. Where found no prejudice to the appellant if reference made to the Policy in interpreting the Standard. Where appellant's evidence insufficient to meet requirements of the Standard. Decision of the respondent confirmed.
Complaint against a nurse -unsatisfactory professional conduct and professional misconduct - impairment - lack of competence - finding of professional misconduct.
Victoria. Supreme Court
Administrative law - Judicial review of a decision of the County Court of Victoria - Charges under the Health Professions Registration Act 2005 (Vic) - Whether County Court made errors of law on the face of the record by misconstruing the relevant offence provisions and asking itself the wrong questions - Whether County Court fell into jurisdictional error by misconstruing or misdirecting itself as to the meaning of the relevant provisions - Whether the County Court could be satisfied that all elements of the offences were proven - Proceeding remitted to County Court for determination according to law - Health Professions Registration Act 2005 (Vic) ss 3, 80 and 94 - Kirk v Industrial Court (NSW) (2010) 239 CLR 531.
Victorian Civil & Administrative Tribunal
Referral to VCAT by Psychology Board of Australia under s 59(2)(g) of the Health Professions Registration Act 2005; Three allegations of unprofessional conduct and/or professional misconduct under Psychologists Registration Act 2000 and Health Professions Registration Act 2005; registered psychologist engaged in close personal relationship with former adolescent client, spanning about eight years. Unprofessional conduct including professional misconduct, of a serious nature, found proven under allegations 1 & 2; professional misconduct found proven under allegation 3.
Review and regulation list, General Practitioner (GP) registrar alleged to have undertaken internal examination of female patient without clinical justification; whether constituting professional misconduct; whether certain other aspects of consultation constituting professional misconduct, unprofessional conduct or unsatisfactory professional performance; principal allegation proven.
National Health (Pharmaceutical Benefits - Therapeutic Groups) Amendment Determination 2013 (No. 1) (No. PB 6 of 2013)
National Health (Listing of Pharmaceutical Benefits) Amendment Instrument 2013 (No. 4) (No. PB 14 of 2013)
27 March 2013 - Health Practitioner Registration and Other Legislation Amendment Act 2013 (Act 13/2013) - Assent.
Australia. Department of Health & Ageing
28 March 2013 - One needle to protect against four diseases From 1 July, Australian kids will need only one needle at 18 months to be fully protected from measles, mumps, rubella and chickenpox.
Private Health Insurance CircularsPHI 16/13 Nursing home type patient contribution rates and minimum benefits as at 20 March 2013 and new Medicare Benefits Schedule (MBS) item numbers
28 March 2013 - Aged care Schedule of resident fees and charges: from 20 March 2013
Australian Health Practitioner Regulation Agency & the boards
27 March 2013 - Call for nominations or Expressions of Interest for a Board Member in Queensland. | Read Article
25 March 2013 - The Nursing and Midwifery Board of Australia (National Board) is urging nurses and midwives to look out for an email reminding them to renew registration by 31 May. | Read Article
3 April 2013 - The Chiropractic Board of Australia releases its latest Communique. | Read Article
22 March 2013 - The Chiropractic Board has published two position statements: providing public health information and paediatric care. | Read Article
4 April 2013 - The Medical Board has released a consultation paper on proposed changes to the competent authority pathway and specialist pathway for international medical graduates. | Read Article
2 April 2013 - The Medical Board releases its latest communiqué. | Read Article
27 March 2013 - The National Specialist IMG Committee releases its latest communiqué. | Read Article
4 April 2013 - The Nursing and Midwifery Board of Australia has published its March communiqué. | Read Article
4 April 2013 - The Occupational Therapy Board of Australia releases its latest communiqué. | Read Article
4 April 2013 - The Optometry Board of Australia releases its latest newsletter. | Read Article
27 March 2013 - The Osteopathy Board releases its latest communiqué. | Read Article
26 March 2013 - The Physiotherapy Board releases its latest newsletter. | Read Article
26 March 2013 - The Physiotherapy Board releases its latest newsletter. | Read Article
4 April 2013 - The Podiatry Board of Australia (the Board) invites South Australian podiatrists to attend a forum in Adelaide in May. | Read Article
25 March 2013 - The Podiatry Board of Australia releases its latest communiqué. | Read Article
Australia. Strategic Review of Health & Medical Research
The full report can be accessed by clicking here.
The summary version of the report can be accessed by clicking here.
Australian Commission on Safety and Quality in Health Care
2 April 2013 - On the Radar - Issue 121 (136KB)
25 March 2013 - On the Radar - Issue 120 (133KB)
2 April 2013 - From Twitter - Welcome to our new Board Chair, Prof Villis Marshall and new Board members, Dr Shaun Larkin, Prof Phillip Della and the Hon Verity Firth.
Australian Institute of Health & Welfare
25 March 2013 - Aboriginal and Torres Strait Islander Health Performance Framework 2012 report NSW |QLD | SA | VIC | WA.
Australian National Council on Drugs
Australia. National Blood Authority (NBA)
The NBA has identified ten simple tips that provide health providers with some better practices in inventory management that can be applied to all blood and blood products.
Australia. National E-Health Transition Authority (NEHTA)
26 March 2013 - St Vincent's helping to create connected healthcare communities for their patients. St Vincent's Hospital is situated in the heart of Sydney's busy Eastern Suburbs precinct and is one of the twelve lead eHealth sites across Australia. On average, at least ten patients per week are now presenting to St Vincent's with their personally controlled electronic health record (eHealth record) and this number is increasing. Click here to read more.
21 March 2013 - Two percent of Dungog and surrounding area have registered for an eHealth record. Dungog is a country town on the Williams River in the upper Hunter Region in New South Wales. In early 2013, the Hunter eHealth lead site (one of twelve sites across Australia) targeted the Dungog area to raise awareness of the personally controlled electronic health record (eHealth record) system and the benefits it could offer Dungog residents. Click here to read more.
12 March 2013 - Software developers pave the way to eHealth records system. NEHTA is pleased to announce that all vendors from its three vendor panels have passed their notice of connection testing enabling access to the national Healthcare Identifier Service. In addition, the majority have passed all the Compliance, Conformance and Accreditation (CCA) tests necessary for their first PCEHR-enabled release, and are now finalising this release or working on their second release. Click here to read more.
5 March 2013 - NEHTA Clinical Lead leading the way. Dr Kean-Seng Lim, a GP from Mt Druitt in Sydney's West and a NEHTA Clinical Lead has recorded a first. Click here to read more.
Australia. National Health & Medical Research Council
22 March 2013 - NHMRC Research Tracker
Australian Competition & Consumer Commission (ACCC)
27 March 2013 - ACCC allows dentists in shared practices to agree on fees
Australia. Private Health Insurance Ombudsman
28 Mar 2013 - 2012 State of the Health Funds Report - Click here to read more.
Australia. Therapeutic Goods Administration (TGA)
25 March 2013 - The Poisons Standard (the SUSMP). Updated electronic version of the SUSMP.
5 April 2013 - Consultation: Cetirizine: proposed advisory statements for medicines. The TGA is seeking comments from interested parties on the proposed advisory statement for azelastine when included in non prescription medicines for topical ophthalmic and nasal use.
2 April 2013 - PIP breast implants - Clarification of news article. An article in the Adelaide Advertiser on claimed that the TGA national manager had made certain statements about the quality of the silicone gel used in PIP breast implants.
4 April 2013 - Compositional guideline: Calcified Lithothamnion tophiforme. Added to current compositional guideline page.
4 April 2013 - Draft compositional guideline: Calcified Lithothamnion tophiforme. Added submission received and TGA response.
3 April 2013 - Hoya Intraocular Lenses. Health professionals and consumers are advised that Hoya Surgical Optics, in consultation with the TGA, is recalling certain Hoya One.
3 April 2013 - OneTouch Verio IQ blood glucose meter. Health professionals and consumers are advised that Johnson & Johnson Medical Pty Ltd, after consultation with the TGA, is recalling its OneTouch Verio IQ blood glucose meter.
2 April 2013 - Orphan drugs. Added sorafenib (NEXAVAR) and recombinant human coagulation factor VIII Fc fusion protein.
2 April 2013 - Medicines Safety Update, Volume 4, Number 2, April 2013. April 2013 edition of the Medicines Safety Update.
28 March 2013 - Compositional guideline: Deer velvet antler powder - amendment. The TGA has received a request to amend the acceptance criterion for the test parameter 'Ash' in the compositional guideline for "deer velvet antler powder" (under the heading "organic or inorganic impurities or toxins.")
28 March 2013 - Compositional guideline: Deer velvet antler powder.
28 March 2013 - Role of the sponsor.
28 March 2013 - All recall actions. Searchable database of recall actions agreed since 1 July 2012.
27 March 2013 - Australian Public Assessment Reports for prescription medicines (AusPARs)- Added Everolimus (Afinitor) and Exenatide (Byetta/Bydureon).
26 March 2013 - American Medical Systems Inc (AMS) 800 Control Pump - Artificial urinary control system. Health professionals and consumers are advised that selected lots of AMS 800 Control Pumps may not function as intended by the manufacturer, AMS.
Australia. Private Health Insurance Administration Council (PHIAC)
02 Apr 2013 - Changes to PHIAC Forms. Funds Reporting - 13/08.
26 Mar 2013 - Automated Lodgement of PHIAC Returns by mid 2013. Funds Reporting - Returns - 13/07.
Australian Bureau of Statistics
Australian Health Survey: Health Service Usage and Health Related Actions, 2011-12 (cat no. 4364.0.55.002)
Causes of Death, Australia, 2011 (cat no. 3303.0)
Australian Capital Territory. Health Directorate
24 March 2013 - 100 years of community nursing in Canberra - Katy Gallagher, MLA.
4 April 2013 - Get tested for chlamydia. April 5-12th is chlamydia week in the ACT. Regular testing is a good way to make sure you're OK.
3 April 2013 - Temporary road closure at Canberra Hospital. Hospital road at Canberra Hospital will be closed from 3.00am Saturday 13 April to 5.00pm Sunday 14 April.
2 April 2013 - Independent Living Display. A bariatric equipment display will be held at the Independent Living Centre in Weston from 16 - 26 April.
28 March 2013 - My Healthy Food and Drink Choices. A public consultation workshop will be held from 10.00am - 11.00am Tuesday 9 April in the Canberra Hospital auditorium.
New South Wales. Ministry of Health
5 April 2013 - Minister officially opens upgraded Grafton Hospital
5 April 2013 - Pottsville HealthOne now a reality
31 March 2013 - More nurses for rural and regional hospitals
31 March 2013 - More new nurses for New South Wales (NSW) hospitals
27 March 2013 - Ministerial Advisory Committee for Rural Health
27 March 2013 - Minister appoints Rural Health Committee
26 March 2013 - Labor lies on health funding
23 March 2013 - Central Coast Cancer Centre opens for patients
2 April 2013 - Save the date to vaccinate
28 March 2013 - NSW health alert on cryptosporidiosis
27 March 2013 - Health alert on enterovirus
National Medical Intern Summit Background Paper
27 March 2013 - Community prescribing of highly specialised drugs for Hepatitis B-IB2013_016.
27 March 2013 - Pension based scale of fees-IB2013_015.
27 March 2013 - Public hospital training wage (State) award-IB2013_014.
New South Wales. Health Statistics New South Wales
20 March 2013 - Pregnancy outcome of selected first time mother by year
20 March 2013 - Baby condition: Low five minute apgar score (less than seven)
20 March 2013 - General anaesthesia for caesarean section
20 March 2013 - Birth complications: Perineal tears by year
20 March 2013 - Birth complications: Haemorrhage after birth by year
20 March 2013 - Vaginal birth after caesarean section
Queensland. Department of Health
Health Union bosses lodge submissions on mandatory "Union Encouragement Policies" - Health Minister Lawrence Springborg has confirmed he has received submissions from various unions as a part of his review of "Union Encouragement Policies" in Queensland Health which mandates that union membership must be actively encouraged.
Police asked to investigate six Queensland doctors - An inquiry sparked by a whistle-blower's complaints ten months ago has resulted in six Queensland doctors being referred to police for investigation into whether or not they have committed criminal offences.
Queensland Children's Hospital is taking its final shape - A final concrete pour has marked the structural completion of the 12 level Queensland Children's Hospital project, which began two years ago.
South Australia. Department for Health & Ageing
28 March 2013 - New surgery facilities for Berri Hospital. A new surgical theatre and a procedure room are now open as part of the $36 million redevelopment of Berri Hospital. Click here to read more.
27 March 2013 - SA Professor honoured for scientific achievement. A South Australian Professor has today been elected a Fellow of the Australian Academy of Science. Click here to read more.
Tasmania. Department of Health & Human Services
3 April 2013 - Barilla Bay oysters gastro outbreak
27 Marc 2013 - Tasmania's child health and parenting service
27 March 2013 - New direction for preventing drug misuse
27 March 2013 - Emergency care continues to improve
Victoria. Department of Health
2 April 2013 - Power before patients: Carbon tax hike costing Victorian hospitals $6.7 million. A detailed analysis of energy bills shows that the Federal Government's carbon tax has cost Victoria's hospitals and health services more than $6.713 million in extra energy costs over the past six months, Victorian Health Minister David...
2 April 2013 - $37 million boost to assist Victorians with mental illness. Victorians with a serious mental illness will benefit from $37 million in funding over four years to deliver new initiatives under the Commonwealth-State National Partnership Agreement Supporting Mental Health Reform.
27 March 2013 - Mental health research gets $10 million boost. The Victorian Coalition Government has awarded $10 million to five innovative research projects that will deliver better outcomes for Victorians affected by mental illness.
27 March 2013 - Funding boost to support patient and carer input into mental health services. Twelve area mental health services across Victoria will share in $230,000 to establish new patient, family and carer advisory groups as part of the Victorian Dual Diagnosis Initiative, Minister for Mental Health Mary Wooldridge announced...
Enhance Community Mental Health initiative - request for submissions for 2012-2013 capital funding - New Projects. - The Victorian Government is committed to enhancing the capabilities of community based non bed based clinical mental health services and Psychiatric Disability Rehabilitation and Support services to support optimum outcomes for people with mental illness. In order to assist service providers to strengthen and extend service capabilities, $3 million additional capital funding has been made available. The Department of Health is now seeking submissions for these initiatives.
Western Australia. (WA) Department of Health
3 April 2013 - Minister for Health: Quest to find top nurse or midwife
28 March 2013 - Prevention the best way to avoid mosquito bites this Easter
4 April 2013 - OD 0426/13 Western Australian Coding Standards - The purpose of this operational directive is to outline clinical coding standards specific to Western Australia (WA). These standards are applicable to all WA healthcare facilities that report inpatient morbidity data.
27 March 2013 - OD 0425/13 Reciprocal Health Care Agreements (RHCA) - Amendments from Review Undertaken by the Commonwealth Department of Health and Ageing and the Addition of a New Section on 457 Visa-holders with RHCA Eligibility. This directive is to advise health services of the latest amendments from a review undertaken by the Commonwealth Department of Health and Ageing and the addition of a new section on 457 Visa-holders with RHCA Eligibility.
New Zealand. Ministry of Health
28 March 2013 - Metro-Auckland pacific population health profile
United Kingdom. Department of Health
Government publishes initial response to the Mid Staffordshire NHS Public Inquiry Report - In response to the Francis report, government is launching plans to ensure that patients are always put first and people are treated with respect.
Family Nurse Partnership programme to be extended - published 4 April 2013.
Health Visitor Implementation Plan: progress report (October to December 2012) - published 4 April 2013.
Canada. Health Canada
Australian Medical Association
British Medical Association (BMA)
4 April 2013 - BMA helps prepare pledge for overseas volunteers. Support for doctors volunteering overseas has been pledged by key organisations, employers and government departments.
4 April 2013 - Opt-out organ donation law moves closer. Plans to move to an opt-out organ donation system in Wales are a step closer after a Welsh Assembly committee decision.
3 April 2013 - Confusion persists for doctors over National Health Scheme (NHS) competition rules. Doctors and other healthcare workers still lack the necessary clarity on how NHS reforms will work, even though they are meant to be implementing them.
28 March 2013 - The morality of doping. Can there ever be an even playing field in sports or in life? Sheffield Hallam senior lecturer in sports engineering David James thinks not.
Canadian Medical Association
2 April 2013 - Residents get job-hunting help as employment market tightens
29 March 2013 - "Anger and empathy" mark Charlottetown town hall
American Medical Association (AMA)
1 April 2013 - AMA Medical Students Hold Week of Wellness April 1-7 to Promote Healthy Behaviours. AMA Press Release - AMA medical students today announced the start to the fourth annual "Week of Wellness," focusing on improving patient health and wellness across the nation.
27 March 2013 - iPad app makes Code of Conduct more accessible. A new Medicines Australia Code of Conduct app launched today will provide medical representatives, marketing agencies and other users with mobile access to the Medicines Australia Code of Conduct and the Code of Conduct Guidelines. The MA Code iPad app is free to download and will enable users to access instantly the Code of Conduct and related information via their iPad. Medicines Australia chief executive Dr Brendan Shaw said: "I encourage pharmaceutical representatives to download and familiarise themselves with the app."
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