Australia: Health Alert (Australia) - 24 February 2014



18 February 2014 - Odisho v Bonazzi [2014] VSCA 11

In April 2006, Ms Odisho attended hospital after suffering pulmonary emboli. She issued proceedings against Dr Bonazzi who had prescribed tranexamic acid to treat her abnormally heavy bleeding. She alleged her pulmonary emboli were caused by Dr Bonazzi's negligence in failing to provide appropriate warning about the side effects. Thromboembolic events are a rare side effect of tranexamic acid (less than one in one thousand). Ms Odisho was unsuccessful, and appealed.

Justices Beach and McMillan cited a doctor's duty to warn of material risks inherent in proposed treatment, noting "a risk is material if, in the circumstances ... a reasonable person in the patient's position, if warned of the risk, would be likely to attach significance to it" (Rogers v Whitaker). While the evidence revealed Ms Odisho was an anxious patient, her anxiety related to her symptoms. The Court held the evidence did not disclose circumstances which should reasonably have made Dr Bonazzi aware that if warned of the risk of thromboembolism, Ms Odisho would likely have attached significance to it.

The Court determined that nothing in the evidence led to the conclusion that, as a matter of probability, the tranexamic acid was a cause of the pulmonary emboli. Further, the Court held that while there were four possible courses of treatment for Ms Odisho's condition, three of them were not viable options. Their Honours were unpersuaded that had Ms Odisho been given a warning of the rare risk of thromboembolism, the warning would have made any difference,

The appeal was dismissed.

12 February 2014 - Inquest into the death of Kenneth James Morrison

Death from pneumonia with contributing factors of general debility, Down's Syndrome, dementia, recurrent urinary tract infections and bowel obstruction.

South Australia

14 February 2014 - Inquest into the deaths of John William Ryan and Patricia Dawn Walton 27/2012

The deaths in this Inquest were two years apart but their circumstances raised similar issues about admission practices of small hospitals for higher risk patients. Both had a number of significant comorbidities, including morbid obesity, and underwent orthopaedic procedures at a small private hospital with no on-site medical practitioners overnight. Both deteriorated overnight post-surgery. By the time nursing staff reacted, the situation was "catastrophic."

Mr Ryan died from hypoxic-ischaemic encephalopathy following ventilatory failure and cardiac arrest in the context of morbid obesity and opiate medication. The Coroner determined his death could have been avoided had there been more frequent and adequate monitoring during the night.

Ms Walton died from hypoxic-ischaemic encephalopathy following cardiac arrest after developing cardiac syndrome precipitated by myocardial ischaemia. The Coroner concluded she should have had surgery at a hospital with the medical and nursing resources to handle her complex pain requirements and labile hypertension. Her death may have been prevented.

Independent anaesthetists and intensivists gave critical evidence of the hospital's systems and facilities for coping with the predictable and on-going challenges posed by both post-operatively.

The Coroner made a number of recommendations, including that a requirement of accreditation be considered for small hospitals without on-site medical practitioners overnight and Intensive Care Unit (ICU) backup to develop robust pre-admission processes for higher risk patients. He suggested patients be screened to ensure acceptance for overnight admission only occurred after they were assessed as suitable for that facility by a medical specialist or anaesthetist, well in advance of the planned admission date.

New South Wales (NSW)

20 January 2014 - Ambulance Service of NSW v Health Service Union East [2014] NSWIRComm 4

Application for declaratory relief - s 154 of the Industrial Relations Act 1996 - construction of sub-clause 23(f)(1)(2) of the Operational Ambulance Officers (State) Award 2010 - jurisdiction to grant relief - principles of award construction - analysis of evidence - orders.

Northern Territory

13 February 2014 - Inquest into the death of Peter Alexander Clarke (Senior) [2014] NTMC 04.

Death in Custody, serving prisoner, terminal illness, care and treatment thereof.

United Kingdom

14 February 2014 - Webley v St George's Hospital National Health Service (NHS) Trust [2014] EWHC 299 (QB)

The Claimant is a protected party for the purposes of this litigation, acting through his son and litigation friend, Karl Webley. He brings a claim for damages for the very serious head injuries sustained by him as a result of the alleged negligence of the Defendants, St George's Hospital NHS Trust ("the Trust") and the Metropolitan Police ("the police").



12 February 2014 - National Health Determination under paragraph 98C(1)(b) Amendment 2014 (No. 2).

12 February 2014 - National Health (Listing of Pharmaceutical Benefits) Amendment Instrument 2014 (No. 2).


18 February 2014 - Mental Health Bill 2014

Northern Territory

19 February 2014 - Health Practitioner Regulation (National Uniform Legislation) Amendment Bill 2014.

19 February 2014 - Medicines, Poisons and Therapeutic Goods Amendment Bill 2014.

19 February 2014 - Mental Health and Related Services Amendment Bill 2013.


Australia. Department of Health & Ageing

Media releases

20 February 2014 - More Doctors in regional areas

19 February 2014 - Address to CEDA conference.

Private Health insurance (PHI) Circulars

14 February 2014 - PHI 12/14 Private Health Insurance Rebate Weighted Average Ratio From 1 April 2014.

Australia. Health Practitioner Regulation Agency and the boards

14 February 2014 - Have your say: Focus groups on Registration standard for eligible midwives Eligible midwives, and midwives interested in achieving notation and endorsement, are invited to attend focus groups on Registration standard for eligible midwives. Read More.

17 February 2014 - Revised advertising guidelines set down National Board expectations of health practitioners. Read More.

19 February 2014 - The National Nursing & Midwifery Board has released its quarterly registration data. Read More.

19 February 2014 - The National Board has released its quarterly registration data. Read More.

20 February 2014 - The National Board has released its quarterly registration data. Read More.

Australia. National Health & Medical Research Council (NHMRC)

18 February 2014 - $133 million boost for medical research. The Australian Government today announced $133 million in funding to help Australian researchers find new health treatments and cures. Minister for Health Peter Dutton said the new funding will support 153 grants across five National Health and Medical Research Council (NHMRC) schemes. The grants will address broad areas of research, from infections in cancer patients to building immunity to childhood eczema and allergies. They include postgraduate scholarships and a Targeted Call for Research. See full media release.

21 February 2014 - NHMRC research tracker.

Australia. Therapeutic Goods Administration (TGA)

19 February 2014 - Peristeen anal irrigation system. Consumers and health professionals are advised that Coloplast has undertaken a recall for product correction for its Peristeen anal irrigation system.

19 February 2014 - Medicines with soft gel capsules marketed for children. Consumers and health professionals are advised that medicines that come in the form of soft gel capsules may pose a choking risk for children, especially those aged under five years.

18 February 2014 - Reclassification of hip, knee and shoulder implants reclassification: Cancellation of Class IIb and transition of Prostheses List entries. Letter emailed to individual sponsors identified as having hip, knee and shoulder joint implants with GMDN codes that will be cancelled from the ARTG at 1 July 2014.

19 February 2014 - Marketing complementary medicines with soft gel capsules for children. In response to a consumer query, the TGA has investigated potential safety issues with complementary medicines with soft gel capsule dosage forms in children.

18 February 2014 - Advisory Committee on the Safety of Medical Devices (ACSMD). Added nine members.

18 February 2014 - Australian Public Assessment Reports for prescription medicines (AusPARs). Added Mirabegron (Betmiga), Pneumococcal polysaccharide conjugate vaccine (Prevenar 13) and Regorafenib (Stivarga).

18 February 2014 - Lian Zhan Qi Tian capsules pose a serious risk to your health and should not be taken.

17 February 2014 - Documents released under Section 11C of the Freedom of Information Act 1982.

14 February 2014 - Consultations on adoption of European Union guidelines in Australia. Added 11 guidelines proposed for adoption by TGA.

14 February 2014 - Macular Health with Saffron - Orielton Laboratories Pty Ltd. Decision under regulation 9 of the Therapeutic Goods Regulations 1990 in relation to an advertisement about the product 'Macular Health with Saffron.'

14 February 2014 - Medical devices and in vitro diagnostic (IVDs) compliance actions. Details of products cancelled from the ARTG.

Australian Institute of Health & Welfare

19 February 2014 - Type 2 diabetes in Australia's children and young people: a working paper.

Australian Commission on Safety and Quality in Health Care

17 February 2014 - On the Radar – Issue 162 (100KB).

Australia. Private Health Insurance Administration Council

20 February 2014 - Statistical Release – Trends.

Australian Capital Territory (ACT). Health Directorate

20 February 2014 - Healthy Canberra Grants take aim at obesity.

13 February 2014 - Report into Naloxone Program saving lives.

New South Wales (NSW). Ministry of Health

Media Releases

19 February 2014 - Minister Officially Opens Breastscreen NSW Centre at Hornsby Ku-ring-gai hospital.

Information Bulletins

19 February 2014 - National Health and Medical Research Council Research Staff Salary Rates 1 January 2014.

20 February 2014 - United Hospital Auxiliaries of NSW - Subsidy to Delegates Attending the Annual General Conference.

Northern Territory (NT). Department of Health

18 February 2014 - Robyn Lambley - Private midwives provide choice for territory mothers. The Country Liberals Government will tomorrow introduce amendments to allow private midwives to assist Territory mothers through their pregnancy, whether at home or in a public or private hospital.

18 February 2014 - Robyn Lambley - safe and easy access to vaccinations for territorians. The Country Liberals Government will tomorrow introduce legislation to provide safe and easy access for Territorians to medicines, including vaccines.

17 February 2014 - Robyn Lambley - NT's first advisory council announced for disability reform. The first members of the Northern Territory's inaugural ministerial advisory committee have been announced to help drive major reform for all Territorians with a disability, their families and carers.

Queensland. Department of Health

16 February 2014 - New Nurse Levy condemned by Health Minister. The Newman Government has condemned bosses at the Queensland Nurses Union for skimming $52 per annum out of the pay packets of nurses and midwives without their consent, to fund politically motivated rallies.

18 February 2014 - Secret Labor plan for sale of Royal Children's Hospital at Herston. A report detailing plans to sell the Royal Children's Hospital site at Herston was kept secret by the former Labor Government as it planned an auction of health assets to follow its sales of state-owned rail, motorways and forestry.

South Australia. Department for Health & Ageing

14 February 2014 - HealthInSA Board announced Six high-profile business leaders have been appointed to South Australia's first HealthInSA Advisory Board. Read more.

Tasmania. Department of Health & Human Services (HHS)

17 February 2014 - $6 million investment in Flinders Island centre.

17 February 2014 - Protecting the rights of people with serious mental illness.

Victoria. Department of Health

20 February 2014 - Victoria leads the way with organ donation result.

20 February 2014 - Minister visits Latrobe Valley respite centre.

20 February 2014 - Health assessment centre to open in Morwell.

14 February 2014 - Work starts on new Bannockburn ambulance branch.

20 November 2014 - Vein specialists to descend on Melbourne in 2017.

20 February 2014 - New Mental Health Act puts people at the centre.

Western Australia (WA). Department of Health

Media Releases

18 February 2014 - Funding boost for Home and Community Care.

10 February 2014 - WA Health Performance Report – October to December 2013 Quarter..

Operational Directives (OD)

21 February 2014 - OD 0503/14. The aim of this Operational Directive is to inform Health Services of the commencement of a metropolitan centralised referral allocation system, commencing with outpatient services.

20 February 2014 - OD 0501/14 This policy is intended for use by all clinicians working within Western Australian Department of Health Services (WACHS) and applies to all in-patients within WA Health acute care facilities having an acute or subacute (or residential in WACHS) episode of care. It provides the minimum requirements to ensure that clinical deterioration is recognised and acted upon promptly.

20 February 2014 - OD 0500/14. Use of macerator machines for the disposal of human waste in Western Australian Healthcare facilities.

New Zealand. Ministry of Health

19 February 2014 - Psychoactive Substances Regulations: A consultation document.

19 February 2014 - Consultation opens on regulations.

18 February 2014 - Admissions to New Zealand public hospitals for dental care: A 20-year review.

United Kingdom. Department of Health (DoH)

18 February 2014 - Mental health crisis care agreement.

18 February 2014 - Honours: celebrating contributions to health and care.

14 February 2014 - Rescare's campaign on funding for social care services: DoH response.

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

20 February 2014 - HHS selects winners in idea challenge for emergency response.

Australian Medical Association (AuMA)

21 February 2014 - ACT Government goes in hard on sugary soft drinks. The AuMA welcomes the ACT Government's decision to ban the sale of fruit juice and soft drinks in Canberra public schools. Read more.

20 February 2014 - AuMA welcomes NSW Government support for national alcohol summit. The AuMA warmly welcomes the support of NSW Premier Barry O'Farrell and the NSW Government for a National Summit on alcohol abuse and alcohol-related harms. Read more.

20 February 2014 - AuMA President, Dr Steve Hambleton, Sky News. GP co-payments, food label website, alcohol summit. Read more.

20 February 2014 - Healthcare access at risk unless Government invests in general practice training. Healthcare access at risk unless Government invests in general practice training. Read more.

18 February 2014 - Urgent fix needed for flawed classification system, doctor groups warn Government.The Australian Medical Association (AuMA) and Rural Doctors Association of Australia (RDAA) are jointly calling on the Federal Government to urgently replace the Australian Standard Geographic Classification. Read more.

14 February 2014 - AuMA President Dr Steve Hambleton, Doorstop, AuMA public hospital report card and Queensland hospital contracts. Read more.

British Medical Association (BMA)

21 February 2014 - Dicing with death: doctors in war zones. Would you paint a red cross on an ambulance knowing it would attract bullets and bombs as well as mercy?

19 February 2014 - Doctors' concerns prompt data sharing plan delay. The BMA has welcomed plans to delay extended patient data sharing in light of doctors' concerns about a lack of public awareness.

19 February 2014 - Medical academics call for clarity on research. Medical academics support NHS England's vision for research and development, but want to know how doctors' research time will be protected and given sufficient priority.

19 February 2014 - BMA opposes reorganisation of general practice. General practice needs better support to develop rather than a wholesale reorganisation, the BMA said in response to a report published today.

18 February 2014 - General Practitioners (GPs) condemn budget penalties. GPs are being financially punished for doing their jobs, the BMA Welsh local medical committees conference in Newport has heard.

18 February 2014 - Don't drop cost of alcohol, doctors urge chancellor. Doctors are pressing chancellor George Osborne not to drop the price of drink in this year's budget.

17 February 2014 - Call to boost public awareness of data sharing. The BMA has urged the government to increase public awareness of the implications of patient data sharing.

Canadian Medical Association (CMA)

19 February 2014 - CMA forums on end-of-life care: "If we don't start this discussion, who will?"

17 February 2014 - CMA wants "momentum turned into action" on prescription drug abuse.

American Medical Association (AMA)

20 February 2014 - Data breaches multiply—CME activity shows how to avoid risks. The number of instances in which physicians and other providers' electronic health records (EHR) experienced a breach last year jumped nearly 138 percent to more than 7 million records, according to IT security firm Redspin's annual breach report.

20 February 2014 - AMA pushes To break sustainable growth rate (SGR) status quo on anniversary of first patch. Today marks the anniversary of the first legislative 'patch' to Medicare's fatally-flawed physician payment formula known as the sustainable growth rate (SGR).

19 February 2014 - Program moves hypertension screening over the comprehensive unit based programme (CUSP). Checklists—like the ones used to reduce central-line infections - can help physician practices improve outcomes for hypertension, one of America's most common and dangerous conditions. But even for those committed to improving patient safety and health care quality, checklists alone won't sustain positive changes without a shift in attitudes and beliefs.

© 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