Australia: Health Alert (Australia) - 23 September 2013

Last Updated: 4 October 2013
Article by Michael Regos, Andrew Forbes, Anthony Willis and Mark Williams


New South Wales (NSW)

19 September 2013 - Paul v Cooke [2013] NSWCA 311

In 2003 Ms Paul had an angiogram for an intracranial aneurysm but her radiologist, (Doctor) Dr Cooke, failed to diagnose it. Three years later it was diagnosed. To avoid the risk of a spontaneous rupture, she underwent a "coiling" operation. During the operation, through no lack of skill or care by the surgeons, the aneurysm ruptured and she suffered serious and permanent disabilities.

Ms Paul brought proceedings against Dr Cooke for his negligent failure to diagnose the aneurysm. It was accepted at trial that there was no physical change in the aneurysm between 2003 - 2006 and that, although the preferred procedure had changed in that time, the overall risk of rupture had not.

Ms Paul argued that, but for Dr Cooke's negligence, her aneurysm would have been detected in 2003 and she would have undergone a 'clipping' procedure. She was therefore exposed to risks (that materialized) in 2006 that she would likely not have been in 2003.

The primary judge found that under s 5D(1)(b) of the Civil Liability Act 2002 (NSW) the scope of Dr Cooke's liability did not extend to the injuries Ms Paul sustained. The Court of Appeal agreed, determining that his negligence did not create the risk of intra-operative rupture. The harm suffered was subsequent to, not a consequence of, the negligence. Further, under s 5I, a person is not liable if "the harm suffered...resulted from the materialization of a risk that could not be avoided by the exercise of "reasonable care and skill"." The appeal was dismissed.

12 September 2013 - Application of Michael Bar-Mordecai [2013] NSWSC 1286

Procedure - Vexatious Proceedings Act 2008 - application for leave to institute proceedings, ordinary Procedure and no prima facie basis disclosed. No matter of general principle.

12 September 2013 - Attorney general in and for the state of NSW v Bar-Mordecai [2013] NSWSC 1307

Procedure - costs, notices of motion, orders sought under s 98 of the Civil Procedure Act 2005 - costs in relation to application for leave under Vexatious Proceedings Act 2008 to institute proceedings against medical practitioner - order for gross costs orders - costs orders made.

South Australia

18 September 2013 - Larsen v Medical Board of Australia [2013] South Australian Health Practitioners Tribunal (SAHPT) 4 3/09/2013

The appellant appealed the Medical Board of Australia's decision to refuse her application for limited registration as a medical practitioner. She was an international medical graduate who sought limited registration under the sub-type of postgraduate training or supervised practice.

The appellant listed a number of qualifications in her application, including a Doctor of Medicine with Honours from the Union of Soviet Socialist Republics (USSR) and an international postPhD doctor of medical radiology. However, there was no documentation supporting any of her qualification history.

The Medical Board established that the appellant did not hold a qualification approved by the National Board for the medical profession. It therefore needed to determine whether she held a qualification deemed substantially equivalent or based on similar competencies. Her radiology qualification was assessed by Royal Australian and New Zealand College of Radiologists (RANZCR) as not comparable to an Australian or New Zealand trained radiologist. She also failed to supply details of specialist recognition in any area of medicine.

Further, the appellant did not provide evidence that met the National Board's English language registration standard and recency of practice registration standard. She also neglected to provide a statement from her sponsoring employer outlining her position description and details of the training plan for the period of supervised practice.

The Tribunal accepted that "it must ensure that only health practitioners who are suitably trained and qualified to practice in a competent and ethical manner are registered." Given the deficiencies in the application, it agreed with the Medical Board that the appellant was ineligible for limited registration and dismissed the appeal.

19 September 2013 - Inquest into the death of Eugeniusz Szczepaniak 19/2012 (0544/2010)

Death as a result of as a result of neck compression due to hanging.

19 September 2013 - Inquest into the death of Robert Nicholas Hocking 8/2012 (0242/2010)

Death as a result of aspiration pneumonia with contributing chronic schizophrenia.

United Kingdom (UK)

17 September 2013 - Esim v Turkey [2013] European Courts of Human Rights (ECHR) 820

Conscript in the army - severely wounded by gunshots - alleged military hospital was medically negligent in allowing a bullet in his head to remain unnoticed - sustained further pecuniary damage.


19 September 2013 - Private Health Insurance (Complying Product) Amendment Rules 2013 (No. 3).

18 September 2013 -Private Health Insurance (Benefit Requirements) Amendment Rules 2013 (No. 4).

19 September 2013 - Private Health Insurance (Complying Product) Amendment Rules 2013 (No. 3).


Australia. Health Practitioner Regulation Agency (AHPRA) and the Boards

16 September 2013 - The National Boards have released their quarterly registration data. Read more.

18 September 2013 - The Nursing and Midwifery Board of Australia has published its July communiqué. Read more.

18 September 2013 - The Optometry Board of Australia releases its latest communiqué. Read more.

18 September 2013 - The Physiotherapy Board of Australia releases its latest communiqué. Read more.

16 September 2013 - Podiatry Board of Australia to hold forum in Canberra - 24 October 2013. Read More

19 September 2013 - AHPRA hosting a nurse practitioner forum in Melbourne on 25 October 2013. Read more.

19 September 2013 - The National Psychology Board has released its quarterly registration data. Read more.

19 September 2013 - The Chinese Medicine Board of Australia releases its latest communiqué. Read more.

20 September 2013 - Committee member vacancies - Medical Radiation Practice Board of Australia call for expressions of interest for persons interested to join committees of the Medical Radiation Practice Board of Australia. Read more.

Australia. Therapeutic Goods Administration (TGA)

20 September 2013 - Orphan drugs.

19 September 2013 - Crocodile size three walker. Mobility Plus, in consultation with the TGA, is undertaking a recall for product correction of crocodile size three walkers.

19 September 2013 - Software as in vitro diagnostic medical devices (IVDs). The definition of an IVD medical device in the Therapeutic Goods (Medical Devices) Regulations 2002 includes software.

19 September 2013 - Update on TGA decision to cancel prescription pain-killers. The TGA is providing updated information to consumers and health professionals about the regulatory status of dextropropoxyphene-containing pain-killers.

17 September 2013 - Australian Public Assessment Reports for prescription medicines (AusPARs) added fluticasone proprionate/eformoterol fumarate dihydrate (flutiform), ingenol mebutate (picato 0.015% and 0.05% gel), mycophenolate sodium (myfortic), sitagliptin/simvastatin (juvicor/xelezor/tesozor) and vandetanib (caprelsa).

16 September 2013 - Orphan drugs added nitric oxide (INOmax).

16 September 2013 - Medical devices and IVDs compliance actions Details of products cancelled from the Australian Register of Therapeutic Goods (ARTG).

16 September 2013 - Documents released under section 11C of the Freedom of Information Act 1982 added freedom of information (FOI) 233-1213 and FOI 276-1213.

16 September 2013 - Application to amend the poisons standard updated application form.

Australian Institute of Health & Welfare

19 September 2013 - Movement between hospital and residential aged care 2008-09 | media release.

Australian Commission on Safety and Quality in Health Care

16 September 2013 - On the radar: Issue 144.

Australia. Private Health Insurance Administration Council (PHIAC)

16 September 2013 - PHIAC stakeholder survey. In July 2013, the PHIAC conducted a second survey of its stakeholders.

Australia. National Mental Health Commission

18 September 2013 - Mental health moved from Prime Minister's portfolio back to health.

19 September 2013 - Commission will remain independent.

Australian Capital Territory. Health Directorate

16 September 2013 - Katy Gallagher $108,000 donation puts smiles on little faces thanks to give me five for kids.

New South Wales. Ministry of Health

Media Releases

18 September 2013 - NSW government launches eating disorders plan.

18 September 2013 - NSW government boosts fluoride funding.

16 September 2013 - Ensuring the rights and dignity of young people with psychosis.

Policy directives (PD) and guidelines

20 September 2013 - Hospital car parking fees policy: campuses which are subject to car parking development.

19 September 2013 - Visiting medical officers - remuneration rates.

18 September 2013 - Organ donation and transplantation - managing risks of transmission of human immunodeficiency virus (HIV), hepatitis C virus (HCV) and hepatitis B virus (HBV).

11 September 2013 - Human research ethics committees: standard operating procedures for NSW public health organisations.

4 September 2013 - Neonatal abstinence syndrome guidelines.

Information Bulletins

2 September 2013 - Health records and medical/clinical reports - rates.

18 September 2013 - Increases to salaries and allowances - public health system and crown nurses' and midwives' awards.

18 September 2013 - Salary increase staff specialists NSW public health system - staff specialists (state) award.

19 September 2013 - Salary increases for staff in the NSW health service - Human Services Union (HSU) and Australian Salaried Medical Officers Federation (ASMOF).

Queensland. Department of Health

13 September 2013 - Funding for new Hear and Say Centre. A new facility to help children with hearing difficulties is one step closer after the Newman Government announced $2 million in funding towards a new Hear and Say Centre.

13 September 2013 - Five more Queensland hospitals report their performance. Residents of Ayr, Charters Towers, Ingham, Proserpine and Stanthorpe can now discover how their local hospital is performing compared to similar facilities around the state.

16 September 2013 - Get to know about dementia. Brain health: making the connections, is the theme for this year's Dementia Awareness Week which runs from today until Sunday.

South Australia (SA). Department for Health & Ageing

16 September 2013 - Nursing and midwifery agreement reached. Hon Jack Snelling MP - the state government and the Australian Nursing and Midwifery Federation (SA branch) have agreed on the terms of offer for the new enterprise agreement for South Australia's public sector nursing and midwifery employees.

Tasmania. Department of Health & Human Services

18 September 2013 - Working with vulnerable people checks.

Victoria. Department of Health

15 September 2013 - Labor's ambulance lies exposed by the facts. Labor's shameful record on unfilled paramedic shifts is being turned around by the Victorian Coalition Government, Minister for Health David Davis said today.

19 September 2013 - Next stage set for Ballarat hospital expansion. The next stage of the Ballarat Health Services redevelopment, which will deliver more hospital beds and a helipad to Ballarat, is about to begin, Minister for Health David Davis announced today.

Western Australia (WA). Department of Health

Media Releases

13 September 2013 - More state funds for regional renal dialysis.

Operational directives (OD) and information circulars (IC)

18 September 2013 - OD 0455/13. WA health complaint management policy all health services must manage complaints lodged by health care consumers (including patients, carers, family) according to the guidelines set out in the WA Health Complaint Management Policy 2013.

19 September 2013 - IC 0167/13. Community associated methicillin resistant staphylococcus aureus (CAMRSA) that are of public health significance in WA. Describes the CA-MRSA program in WA.

19 September 2013 - OD 0456/13. Creutzfeldt-Jakob disease (CJD). Risk assessment and management describes the infection prevention and control procedures to minimise the risk of transmission of CJD in healthcare facilities in WA.

18 September 2013 - IC 0166/13. Public service award 1992 and government officers' salaries, allowances and conditions award 1989. Variations to allowances contained within the public service award and the government officers' salaries, allowances and conditions award.

8 September 2013 - IC 0165/13. Public service award 1992 and government officers' salaries, allowances and conditions award 1989 - variation.

Variations to allowances contained within the public service award and the government officers' salaries, allowances and conditions award.

Parliament - Report on WA hospitals by UK health experts.

18 September 2013 - WA Emergency Flow Report - UK visit final report September 2013.

New Zealand. Ministry of Health

19 September 2013 - Showcasing aged-care nursing.

United Kingdom (UK). Department of Health (DoH)

19 September 2013 - Hunt sets out tough new approach to turn around National Health Service (NHS) hospitals.

13 September 2013 - Future of primary care.

13 September 2013 - More than 5,000 patients carry out hospital inspections.

13 September 2013 - New ways of funding placements for social work students are put forward for consultation.

United States of America. Department of Health & Human Services (HHS)

19 September 2013 - HHS replenishes nation's supply of anthrax antitoxin.

19 September 2013 - More, higher quality options for seniors in Medicare Advantage.

19 September 2013 - HHS awards $2.8 million to transition veterans' skills into nursing careers.

18 September 2013 - Obama administration announces a coordinated effort to protect consumers by preventing and detecting potential fraud in the health insurance marketplace.

17 September 2013 - Nearly six in ten uninsured Americans can pay less than $100 per month for coverage in the health insurance marketplace.

17 September 2013 - HHS launches meaningful consent site.

Australian Medical Association (AMA)

16 September 2013 - AMA keen to get to work with new Abbott Ministry. AMA Vice President, Professor Geoffrey Dobb, today welcomed the appointment of Peter Dutton as Minister for Health, and said the AMA is keen to get to work with all the Ministers. Read more.

20 September 2013 - AMA Federal Councilor Dr Michael Gliksman - Air Pollution Forum. This AMA speech has just been issued speech to air pollution Forumwoolcock institute, Sydney. Read more.

British Medical Association (BMA)

19 September 2013 - Royal colleges freeze exam fees. Junior doctors leaders have welcomed a decision by Medical Royal Colleges to freeze exam fees.

18 September 2013 - Consultants to begin contract talks. Senior doctors have voted to enter negotiations with the government on possible changes to contracts for consultants in England and Northern Ireland.

18 September 2013 - Abandoned IT programme still causing spending concerns Future spending on NHS IT must draw on doctors' experience and have a strong clinical focus, the BMA has said.

18 September 2013 - MPs insist on freedom to raise patient safety concerns. Doctors and other healthcare professionals must feel free to raise honestly held patient safety concerns.

18 September 2013 - Epidemic work wins book of the year. A book detailing the history of epidemics, such as bird flu and HIV, has been named the BMA's medical book of the year.

17 September 2013 - New co-chair to help lead staff and associate specialists committee (SAS) doctors. A new co-chair has joined Blackpool associate specialist in trauma and orthopaedics Radhakrishna Shanbhag to lead the BMA staff, associate specialists and specialty doctors committee.

17 September 2013 - BMA Scottish junior doctors committee chair makes training pledge. The new BMA Scottish junior doctors committee chair is to focus on maintaining training and employment prospects of current and future trainees.

17 September 2013 - BMA stages care standards debate at party conference. BMA has been highlighting the steps it is taking to make the NHS safer at the Liberal Democrat party conference today.

17 September 2013 - Academics support moves to stem clinical trial decline. Medical academics have backed calls for more government action to help address a steep fall in the number of UK clinical trials in recent years.

16 September 2013 - Report warns unscheduled care is falling behind Unscheduled care services in Wales are getting worse, according to an audit office report. Welsh auditor general Huw Vaughan Thomas said last week that while some improvements had been made, unscheduled care services were not keeping pace with the increase in demand.

16 September 2013 Doctors encouraged to develop skills abroad. Doctors, the NHS and developing countries can all benefit from clinicians gaining experience in overseas health systems, the BMA has said.

Canadian Medical Association (CMA)

17 September 2013 - Wanted: more doctors of medicine (MDs) to meet with medical practitioners (MPs). With the House of Commons due to resume sitting in October, the CMA is reminding physicians of the need to make politicians aware of health care issues - and about its own program that makes this possible.

American Medical Association (AMA)

18 September 2013 - AMA to hold webinar on genetic factors affecting patient response to opioids. Free information to help physicians understand how genetic information affects patient response to opioid analgesics.

17 September 2013 - AMA releases new study of physician practice arrangements. The AMA released new data on physician practice arrangements showing that private practice medicine remains strong despite an increase in hospital employment.

16 September 2013 - AMA announces 2014 current procedural terminology code enhancements. Updates to medicine's common language reflect new technological and scientific advancements.

© DLA Piper

This publication is intended as a general overview and discussion of the subjects dealt with. It is not intended to be, and should not used as, a substitute for taking legal advice in any specific situation. DLA Piper Australia will accept no responsibility for any actions taken or not taken on the basis of this publication.

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

To print this article, all you need is to be registered on

Click to Login as an existing user or Register so you can print this article.

Some comments from our readers…
“The articles are extremely timely and highly applicable”
“I often find critical information not available elsewhere”
“As in-house counsel, Mondaq’s service is of great value”

Up-coming Events Search
Font Size:
Mondaq on Twitter
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
Email Address
Company Name
Confirm Password
Mondaq Topics -- Select your Interests
 Law Performance
 Law Practice
 Media & IT
 Real Estate
 Wealth Mgt
Asia Pacific
European Union
Latin America
Middle East
United States
Worldwide Updates
Mondaq Ltd requires you to register and provide information that personally identifies you, including what sort of information you are interested in, for three primary purposes:
  • To allow you to personalize the Mondaq websites you are visiting.
  • To enable features such as password reminder, newsletter alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our information providers who provide information free for your use.
  • Mondaq (and its affiliate sites) do not sell or provide your details to third parties other than information providers. The reason we provide our information providers with this information is so that they can measure the response their articles are receiving and provide you with information about their products and services.
    If you do not want us to provide your name and email address you may opt out by clicking here
    If you do not wish to receive any future announcements of products and services offered by Mondaq you may opt out by clicking here

    Terms & Conditions and Privacy Statement (the Website) is owned and managed by Mondaq Ltd and as a user you are granted a non-exclusive, revocable license to access the Website under its terms and conditions of use. Your use of the Website constitutes your agreement to the following terms and conditions of use. Mondaq Ltd may terminate your use of the Website if you are in breach of these terms and conditions or if Mondaq Ltd decides to terminate your license of use for whatever reason.

    Use of

    You may use the Website but are required to register as a user if you wish to read the full text of the content and articles available (the Content). You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these terms & conditions or with the prior written consent of Mondaq Ltd. You may not use electronic or other means to extract details or information about’s content, users or contributors in order to offer them any services or products which compete directly or indirectly with Mondaq Ltd’s services and products.


    Mondaq Ltd and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published on this server for any purpose. All such documents and related graphics are provided "as is" without warranty of any kind. Mondaq Ltd and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Mondaq Ltd and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from this server.

    The documents and related graphics published on this server could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Mondaq Ltd and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.


    Mondaq Ltd requires you to register and provide information that personally identifies you, including what sort of information you are interested in, for three primary purposes:

    • To allow you to personalize the Mondaq websites you are visiting.
    • To enable features such as password reminder, newsletter alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
    • To produce demographic feedback for our information providers who provide information free for your use.

    Mondaq (and its affiliate sites) do not sell or provide your details to third parties other than information providers. The reason we provide our information providers with this information is so that they can measure the response their articles are receiving and provide you with information about their products and services.

    Information Collection and Use

    We require site users to register with Mondaq (and its affiliate sites) to view the free information on the site. We also collect information from our users at several different points on the websites: this is so that we can customise the sites according to individual usage, provide 'session-aware' functionality, and ensure that content is acquired and developed appropriately. This gives us an overall picture of our user profiles, which in turn shows to our Editorial Contributors the type of person they are reaching by posting articles on Mondaq (and its affiliate sites) – meaning more free content for registered users.

    We are only able to provide the material on the Mondaq (and its affiliate sites) site free to site visitors because we can pass on information about the pages that users are viewing and the personal information users provide to us (e.g. email addresses) to reputable contributing firms such as law firms who author those pages. We do not sell or rent information to anyone else other than the authors of those pages, who may change from time to time. Should you wish us not to disclose your details to any of these parties, please tick the box above or tick the box marked "Opt out of Registration Information Disclosure" on the Your Profile page. We and our author organisations may only contact you via email or other means if you allow us to do so. Users can opt out of contact when they register on the site, or send an email to with “no disclosure” in the subject heading

    Mondaq News Alerts

    In order to receive Mondaq News Alerts, users have to complete a separate registration form. This is a personalised service where users choose regions and topics of interest and we send it only to those users who have requested it. Users can stop receiving these Alerts by going to the Mondaq News Alerts page and deselecting all interest areas. In the same way users can amend their personal preferences to add or remove subject areas.


    A cookie is a small text file written to a user’s hard drive that contains an identifying user number. The cookies do not contain any personal information about users. We use the cookie so users do not have to log in every time they use the service and the cookie will automatically expire if you do not visit the Mondaq website (or its affiliate sites) for 12 months. We also use the cookie to personalise a user's experience of the site (for example to show information specific to a user's region). As the Mondaq sites are fully personalised and cookies are essential to its core technology the site will function unpredictably with browsers that do not support cookies - or where cookies are disabled (in these circumstances we advise you to attempt to locate the information you require elsewhere on the web). However if you are concerned about the presence of a Mondaq cookie on your machine you can also choose to expire the cookie immediately (remove it) by selecting the 'Log Off' menu option as the last thing you do when you use the site.

    Some of our business partners may use cookies on our site (for example, advertisers). However, we have no access to or control over these cookies and we are not aware of any at present that do so.

    Log Files

    We use IP addresses to analyse trends, administer the site, track movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.


    This web site contains links to other sites. Please be aware that Mondaq (or its affiliate sites) are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these third party sites. This privacy statement applies solely to information collected by this Web site.

    Surveys & Contests

    From time-to-time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose any information requested. Information requested may include contact information (such as name and delivery address), and demographic information (such as postcode, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the functionality of the site.


    If a user elects to use our referral service for informing a friend about our site, we ask them for the friend’s name and email address. Mondaq stores this information and may contact the friend to invite them to register with Mondaq, but they will not be contacted more than once. The friend may contact Mondaq to request the removal of this information from our database.


    From time to time Mondaq may send you emails promoting Mondaq services including new services. You may opt out of receiving such emails by clicking below.

    *** If you do not wish to receive any future announcements of services offered by Mondaq you may opt out by clicking here .


    This website takes every reasonable precaution to protect our users’ information. When users submit sensitive information via the website, your information is protected using firewalls and other security technology. If you have any questions about the security at our website, you can send an email to

    Correcting/Updating Personal Information

    If a user’s personally identifiable information changes (such as postcode), or if a user no longer desires our service, we will endeavour to provide a way to correct, update or remove that user’s personal data provided to us. This can usually be done at the “Your Profile” page or by sending an email to

    Notification of Changes

    If we decide to change our Terms & Conditions or Privacy Policy, we will post those changes on our site so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.

    How to contact Mondaq

    You can contact us with comments or queries at

    If for some reason you believe Mondaq Ltd. has not adhered to these principles, please notify us by e-mail at and we will use commercially reasonable efforts to determine and correct the problem promptly.

    By clicking Register you state you have read and agree to our Terms and Conditions