Australia: Health Alert (Australia) - 28 October 2013

Last Updated: 6 November 2013
Article by Michael Regos, Andrew Forbes, Anthony Willis and Mark Williams



23 October 2013 - Maiocchi v Royal Australian & New Zealand College of Psychiatrists [2013] FCA 1046

Practice and procedure – whether proceeding should be summarily dismissed pursuant to s 31A of Federal Court of Australia Act 1976 (Cth) as against various respondents – whether application and amended statement of claim should be struck out.

23 October 2013 - Sklavos v Australasian College of Dermatologists [2013] FCA 1065

Human rights – disability discrimination – application to strike out claims against multiple respondents – whether applicant can proceed against members of Board – whether Australian Human Rights Commission Act permits complaint against continuing behaviour – utility.

New South Wales

18 October 2013 - Health Care Complaints Commission (HCCC) v Philipiah [2013] NSWCA 342

This appeal concerned orders made by the New South Wales (NSW) Medical Tribunal against Doctor (Dr) Philipiah, following a complaint made by the HCCC that he was guilty of professional misconduct regarding the history taken, examination, management and follow-up of four patients. The HCCC also complained that Dr Philipiah's bipolar disorder was likely to detrimentally affect his capacity to practise medicine.

The HCCC brought the appeal, alleging the Tribunal had made orders not authorised by the Health Practitioner Regulation National Law (NSW) (National Law), thereby exceeding its powers.

The Court of Appeal found that the Tribunal's powers were limited to suspending Dr Philipiah for a specific period, not indefinitely as it had ordered. The Tribunal had also made orders recommending what the Medical Council do if Dr Philipiah requested a return to practice and giving it authority to lift his suspension. The Court of Appeal found that the Tribunal had no power to confer review powers on the Council, which went beyond the review powers conferred on the Council under the National Law.

The Court of Appeal set aside the orders of the Tribunal and, in lieu, imposed a number of conditions upon Dr Philipiah gaining re-registration. These included that he only be allowed to work in a position approved by the Medical Council, and that he have a supervisor and professional mentor approved by the Medical Council. It also imposed health related conditions, including that he attend for treatment by a general practitioner, psychiatrist and psychologist, and take any prescribed medication.

23 October 2013 - Sydney Local Health District (Department of Forensic Medicine) v ANU (EOD) [2013] NSWADTAP 47

This case questioned whether the post mortem procedures of the Department of Forensic Medicine (DFM) accorded with the Anti-Discrimination Act 1977 (NSW) (ADA), particularly its handling of bodies of persons who die Human Immunodeficiency Virus (HIV) positive. Ms ANU had given consent for her son's body to undertake a post mortem examination but later withdrew it because his body would not be reconstructed.

She complained that the DFM had unlawfully discriminated against her on the ground of direct disability discrimination by refusing to provide her with a service or on the terms it was provided because of her son's HIV. The ADA allows an aggrieved person to make a complaint in connection with the disability of a relative.

The Appeal Panel had to determine whether the deceased was a "relative", a "person" and had a "disability" within various provisions of the ADA. It found that when "person" is used to refer to the aggrieved person themselves, it does not extended operation to allow a dead person to be that aggrieved person. However, when "person" is used in the definition of "relative" to refer to the person with whom the aggrieved person has a relationship by blood, it includes deceased persons.

The Panel concluded it was possible for a deceased to have a disability but expert evidence was required to decide whether the son had, in his body, organisms capable of causing disease or illness at the time of post mortem examination. It therefore ordered that the matter proceed to a substantial hearing.



16 October 2013 - National Health (Highly Specialised Drugs Program for Hospitals) Special Arrangement Amendment Instrument 2013 (No. 7) (No. PB 70 of 2013).

16 October 2013 - National Health (Efficient Funding of Chemotherapy) Special Arrangement Amendment Instrument 2013 (No. 10) (No. PB 71 of 2013).

21 October 2013 - Health Insurance (Cleft Lip and Cleft Palate Services) Amendment Determination 2013.

New South Wales

23 October 2013 - National Disability Insurance Scheme (NSW Enabling) Bill 2013.


22 October 2013 - Health Legislation Amendment Bill 2013.

Western Australia

23 October 2013 - Mental Health Bill 2013 - Legislative assembly second reading.


Australia. Department of Health & Ageing

Media releases

23 October 2013 - Federal Government delivers funding for new medical research discoveries.

20 October 2013 - More children will finally have access to a type 1 Diabetes insulin pump - Dutton.

Private Health Insurance circulars

24 October 2013 - PHI 70/13 Private Hospital Information - Additional Centre.

24 October 2013 - PHI 69/13 New Declaration of Private Hospital Information.

23 October 2013 - PHI 68/13 Private (Same-day) Hospital Name Change information.

23 October 2013 - PHI 67/13 Prostheses List - review of grouping and benefit for ligating clips with disposable applier.

21 October PHI 66/13 Amendment to the Private Health Insurance (Prostheses) rules 2013 (No.1).

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

24 October 2013 - Expressions of interest for appointment to accreditation assessment teams - call for expressions of interest for appointment to Aboriginal and Torres Strait Islander Health Practice Accreditation Assessment Teams. Read more.

24 October 2013 - The Aboriginal and Torres Strait Islander Health Practice Board of Australia releases its latest newsletter. Read more.

23 October 2013 - The Medical Board releases its latest communiqué. Read more.

23 October 2013 - Expressions of interest for appointment to accreditation assessment teams - call for expressions of interest for appointment to Medical Radiation Practice Accreditation Assessment Teams. Read more.

21 October 2013 - The board has approved interim accreditation standards for monitoring approved programs of study. Read more.

21 October 2013 - The Optometry Board of Australia releases its latest newsletter. Read more.

18 October 2013 - Pharmacy Board of Australia call for expressions of interest for a community member to join the Pharmacy Board of Australia. Read more.

18 October 2013 - AHPRA Agency Management Committee vacancies - call for expressions of interest for appointments to AHPRA's Agency Management Committee. Read more.

18 October 2013 - Draft guidelines focus on further training of chiropractors. The Board is seeking feedback on its latest public consultation. Read more.

18 October 2013 - Board member vacancy - Australian Capital Territory (ACT) Board of the Nursing and Midwifery Board of Australia call for expressions of interest for a community member to join the ACT Board of the Nursing and Midwifery Board of Australia. Read more.

18 October 2013 - The board has released its new guideline for the national psychology exam. The guidelines specify the examination eligibility requirements, examination rules and specific exam policies. Read more.

Australia. National Health & Medical Research Council

23 October 2013 - $559.1 million for health and medical research. Today, the Prime Minister the Hon Tony Abbott MP announced $559.1 million to Australian health and medical researchers to generate new health discoveries across Australia. The new funding will support 963 grants across three National Health and Medical Research Council (NHMRC) research support schemes and five fellowship schemes. For these schemes NHMRC received over 5,000 applications with 19% of these being funded. The importance of tackling national health priorities to researchers. Read more.

Australia. Therapeutic Goods Administration

24 October 2013 - Special access scheme (SAS). Information added on accessing carbimazole under the SAS.

23 October 2013 - Shortage of neo-mercazole (carbimazole). There is a global shortage of neo-mercazole (carbimazole), which is often prescribed to people with an overactive thyroid (hyperthyroidism)

23 October 2013 - Australian Public Assessment Reports for prescription medicines (AusPARs) added linagliptin (trajenta), linagliptin / metformin HCl (trajentamet), terlipressin (lucassin).

22 October 2013 - Launch of the Medical Device Single Audit Program (MDSAP) pilot. The Therapeutic Goods Administration (TGA) is pleased to announce the launch of the Medical Device Single Audit Program (MDSAP) pilot from January 2014, together with Brazil's Agência Nacional de Vigilância Sanitária (ANVISA), Health Canada, and the United States Food and Drug Administration.

18 October 2013 - Therapeutic Goods Committee (TGC) meeting statement, 27 August 2013.

Australian Institute of Health & Welfare

18 October 2013 - Australian Hospital Statistics 2012-13: Emergency Department Care media release.

22 October 2013 - Smoking and quitting smoking among prisoners 2012 media release.

25 October 2013 - BreastScreen Australia monitoring report 2010-2011 media release.

Australian Commission on Safety and Quality in Health Care

21 October 2013 - On the Radar – issue 149.

New South Wales. Ministry of Health

Media Releases

23 October 2013 - NSW Health Alert - Warning on e-liquids.

23 October 2013 - Increase in Asthma and Breathing Problems Due to Air Pollution.

21 October 2013 - Bushfire Air Pollution Health Update.

21 October 2013 - Wagga Wagga Mental Health Unit.

Policy directives & guidelines

23 October 2013 - Statewide Standing Orders for the Supply or Administration of Medication for Public Health Response.

Information Bulletins

24 October 2013 - NSW perinatal advice line (PAL) - IB2013_045.

22 October 2013 - Staff specialists' Training, Education and Study leave (TESL) - new funding entitlement 2013/2014 - IB2013_043.

22 October 2013 - Junior medical officer - clinical year and term dates 2014 -2018 - IB2013_044.

21 October 2013 - Leave for staff affected by the bush fire emergency - October 2013 - IB2013_042.

Northern Territory. Department of Health

23 October 2013 - Robyn Lambley - health reforms on the move. New legislation to improve the way health services are delivered across the Territory has been drafted, and is now open for public comment.

Queensland. Department of Health

19 October 2013 - Sun setting on dark side of tanning. Commercial tanning units will be completely banned in Queensland under changes to legislation announced today.

24 October 2013 - Time for Queensland to step up fight against obesity. Health Minister Lawrence Springborg is tackling Queensland's biggest killer head on with the launch of a new awareness campaign focused on the state's rising rate of obesity.

25 October 2013 - Baby girl receives first commemorative medallion. A Samford Village baby is the first in Queensland to receive a commemorative royal medallion celebrating the birth of His Royal Highness Prince George of Cambridge.

South Australia. Department for Health & Ageing

18 October 2013 - Response to Mental Health Review released.

24 October 2013 - Response to savings proposals released.

24 October 2013 - Port Lincoln hospital redevelopment takes shape Hon Jack Snelling MP Health Minister Jack Snelling today visited the $39.2 million Port Lincoln Hospital redevelopment where construction on the roof and frame of the main new hospital building has been completed. Read more.

18 October 2013 - New state ageing plan launched and grant funding announced Hon Jack Snelling MP A new state ageing plan has been released today, providing a vision to help all South Australians have a fulfilling, active and enjoyable life at every age. Read more.

Tasmania. Department of Health & Human Services

23 October 2013 - Innovation Awards winners announced.

Victoria. Department of Health

22 October 2013 - Networks enhance support for drug treatment.

21 October 2013 - Taking action on HIV/AIDS to reduce transmission.

18 October 2013 - Victoria's leading hospital performance confirmed by report.

Western Australia. Department of Health

Media releases

20 October 2013 - $500,000 for Telethon on behalf of WA.

22 October 2013 - Back to school for new school health nurses.

Operational directives (OD)

24 October 2013 - OD 0465/13. Guidelines for the prevention and management of gastroenteritis outbreaks in residential care facilities - a revised version of WA guidelines for preventing and managing gastroenteritis outbreaks in residential care facilities, with a focus on infection control and preparedness.

24 October 2013 - IC 0169/13. WA health – united voice – Hospital Support Workers Industrial Agreement 2012 – arbitrated wage increases for 2013 and 2014 advice of the arbitrated wage increases for 2013 and 2014 pertaining to the WA health – united voice – Hospital Support Workers Industrial Agreement 2012.

23 October 2013 - OD 0461/13. WA Health leave liability - in line with WA government policy for the public sector workforce, WA Health is required to review a number of workforce issues including leave liability, FTE management and the public sector wages policy. In relation to leave liability, WA government introduced some budget saving measures related to the public sector workforce which included limiting the growth in leave liabilities by capping these at 30 June 2012 levels. This operational directive is in relation to managing leave liability and implementing control within WA health.

23 October 2013 - OD 0460/13. Managing FTE – revised approval process for FTE management. In line WA government policy for the public sector workforce, WA Health is required to review a number of workforce issues including leave liability, FTE management and the public sector wages policy. In relation to current FTE management practices, WA Health is adopting uniform approval processes and consistent practices for FTE management across the WA health system. This operational directive is in relation to the managing FTE and a revised approval process for FTE control within WA Health.

New Zealand. Ministry of Health

18 October 2013 - Health Planning Social Bonds trial.

25 October 2013 - Court fines company over Smoke free Act breaches.

United Kingdom. Department of Health

18 October 2013 - The forgotten million.

18 October 2013 - New chair of the British Pharmacopoeia Commission.

18 October 2013 - A month left to get ready for European Antibiotic Awareness Day.

22 October 2013 - New report shows the National Health Service (NHS) could raise up to £500 million from better charging of overseas visitors.

22 October 2013 - Visitors' and migrants' access to NHS: independent adviser appointed.

22 October 2013 - 'Ending 15-minute care': Department of Health response.

24 October 2013 - Chief Medical Officer: Prevention pays - our children deserve better.

21 October 2013 - The Guardian (by Denis Campbell) Hospitals told to investigate all patient complaints in spite of possible lawsuits Exclusive: Department of Health forced to issue new guidelines after patient safety charity threatens to seek judicial review.

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

21 October 2013 - Bullying Prevention Awareness Month.

22 October 2013 - HHS awards grants for Hurricane Sandy recovery research.

24 October 2013 - World Polio Day .

Australian Medical Association (AMA)

18 October 2013 - Labor keeps experience in the shadow health portfolio - AMA President, Dr Steve Hambleton, said today that the AMA congratulates Catherine King on her appointment as Shadow Minister for Health, acknowledging her valuable experience in the portfolio, Read more.

21 October 2013 - Junior doctors and medical students urge action on national medical training plan The AMA Council of Doctors in Training (AMACDT) is urging Australian Health Ministers to agree to start work on a new national medical training plan when they meet in November. Read more.

21 October 2013 - AMA calls for Parliamentary Inquiry into alcohol advertising and promotion AMA President, Dr Steve Hambleton, said today that research released by The Salvation Army adds weight to the AMA's call for a Parliamentary Inquiry into alcohol advertising and promotion and the Read more.

24 October 2013 - AMA condemns Queensland hospital doctor contracts The Federal AMA has condemned the Queensland Government decision to move all Senior Medical Officers in its public hospital system on to unfair and unbalanced individual contracts from 1 July 2014 Read more.

British Medical Association (BMA)

24 October 2013 - Call to promote technological advances in the NHS Doctors leaders have argued that more needs to be done to promote new technologies in the Welsh NHS.

24 October 2013 - Doctors' roles in child health redefined Greater responsibilities for doctors caring for children with long-term health conditions were outlined in a report today.

23 October 2013 - Short naps recommended for emergency medicine doctors Emergency medicine doctors with a long commute should take naps before and after their shifts.

23 October 2013 - Go-ahead for critical care centre The business case outline for a hospital at the centre of service reconfiguration in south Wales has been approved.

22 October 2013 - BMA disputes '£500m' cost of treating overseas patients The BMA has disputed suggestions that the NHS is losing £500m in unclaimed charges from overseas patients each year.

22 October 2013 - Government prepares to respond to working-time regulations review The government will react quickly to suggestions made by a review examining working-time regulations.

18 October 2013 - Fair access continues to challenge medical profession Medicine has still some way to go before it becomes a profession that reflects all parts of society.

Canadian Medical Association (CMA)

21 October 2013 - Court ruling carries lesson on need for advance directives: CMA.

23 October 2013 - Massive survey points to MD job angst, growing emphasis on care for seniors.

American Medical Association (AMA)

23 October 2013 - JAMA Flu Vaccine and Cardiovascular Outcomes Dr Udell and co-authors determine if influenza vaccination is associated with prevention of cardiovascular events from randomized clinical trials comparing influenza vaccine vs placebo or control in high-risk cardiovascular patients.

23 October 2013 -On the Road with AMA President, Ardis Dee Hoven, MD Dr. Hoven writes about the beginning of the transformation of medical education.

© 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”

Mondaq Advice Centre (MACs)
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
Check to state you have read and
agree to our Terms and Conditions

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.

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 by clicking here .

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.


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.