Australia: Heath Alert: Critical Judgments, Legislation, Press Releases and News Items in Relation to Health Law

Last Updated: 30 March 2010
Article by Brian Bray

Welcome to this week's edition of Health Alert. The Health Alert is transmitted on Monday of each week (unless there is a public holiday on Monday).

Health Alert is a summary of the critical judgments, legislation, press releases and news items which have come to our attention each week. Many of the summaries will contain a hyperlink.

If an item is of special interest, we may insert commentary into the body of Health Alert. However in general, Health Alert is a quick and effective means of ensuring that you are aware of significant recent changes with little or no commentary from ourselves.

If you would like to include a colleague or contact on our distribution list, or be removed from the list and not receive further issues from us, please contact Anne Arfi at

Nigel Preston and the DLA Phillips Fox Health Team


Australia. Federal Court

Mukherjee v Medicare Participation Review Committee [2010] FCA 233 (17 March 2010)

ADMINISTRATIVE LAW - Judicial Review - Decision of Administrative Appeals Tribunal - Medical Participation Review Committee - Section 124F Health Insurance Act 1973 (Cth) - Disqualification for 3 months - Whether Tribunal required to make a finding on ?actual awareness? after finding applicant ?not wholly aware? - Whether Tribunal considered other available penalties - Whether Tribunal substituted itself as expert witness - Inadequacy of reasons - Wednesbury unreasonableness - Effect of guilty plea on awareness - Appeal dismissed.

New South Wales. Medical Board

11/03/10: Tung, Margaret

New South Wales. Administrative Decisions Tribunal

O'Sullivan v NSW Medical Board [2010] NSWADT 75

Summary dismissal of complaint - discrimination on the ground of disability - victimisation

Victoria. Medical Practitioners Board of Victoria

Dr Colm Moore 2010 (Full Reasons)

Dr John Duncan Mackellar 2010 (Full Reasons)

New Zealand. Health & Disability Commissioner

08HDC08813Obstetrician and Gynaecologist - Informed consent to surgical procedure.08 Mar 2010

08HDC03994Hospital (Public) - Specialist support for medical staff in small public hospital.21 Aug 2009

09HDC01342General Practitioner - Inappropriate relationship with patient.24 Feb 2010

United Kingdom

Ternent v Ashford & St Peter's Hospital NHS Trust [2010] EWHC 593 (QB) (24 March 2010)



National Health Security Amendment (Background Checking) Act 2010 - C2010A00015 - Health - An Act to amend the National Health Security Act 2007, and for related purposes

National Health (Pharmaceutical Benefits) Amendment Regulations 2010 (No. 1) - F2010L00568 - Health - These Regulations amend the National Health (Pharmaceutical Benefits) Regulations 1960 to remove redundant provisions and amend Schedule 5 which lists brands of pharmaceutical items scheduled for phased statutory price reductions.


Health Legislation (Health Practitioner Regulation National Law) Amendment Bill 2010 - Legislative Assembly 2nd Reading - 25/3/2010


Australia. Department of Health & Ageing

Media releases

Private Health Insurance Circulars

Aged care Advice to the industry - 18 March 2010 - Schedule of Fees and Charges from 20 March 2010

Australia. Therapeutic Goods Administration

European Union guidelines(8 adopted, 1 not adopted, 2 replaced/ superseded)

Advisory Committee on the Safety of Medicines (ACSOM) (new)

Statement on Rotarix(r) (Rotavirus vaccine) (new)

IVD regulation information seminars - April 2010 (new)

Therapeutic Goods (Multi-Site Manufacturing Licenses) Guidelines of 2010 (registered with FRLI 19 March 2010)

Proposed S38A guidelines for Australian manufacturing licences covering multiple manufacturing sites - industry consultation comments (new)

Australia. Private Health Insurance Administration Council

10/05 24 Mar 10 Clarification of advice to insurers on PHIAC 1 requirements when Lifetime Health Cover status changes CURRENT EDITION 10/05

Australia. National Health & Medical Research Council

Tracker - 19 March - *NHMRC Career Development Awards - deadline extension; *Project Grant applications - Grant Review Panels in 2010; *CEO Newsletter - *NHMRC Bibliometric Report - *Third edition of Acute Pain Management: Scientific Evidence ; *Public consultation on draft Clinical practice guidelines for depression and related disorders in the perinatal period; *Podcast: NHMRC Newscast March 2010 View full Issue

$4m for Tri-Nation Research to Help Close the Gap in Indigenous Health - The Rudd Government has announced three Australian research teams will receive a share of nearly $4 million to improve outcomes in Indigenous health. View Media Release

Measuring up 2009: bibliometric analysis of the impact of NHMRC funded research - The NHMRC has released the latest bibliometric analysis of the citation performance of NHMRC funded health research Download the Report Summary Download the Full Report

Australian Institute of Health & Welfare

Risk factors and participation in work - This report builds on the previous AIHW report Chronic disease and participation in work by showing the association between risk factors and participation in work. Published 25 March 2010.

Monitoring the impact of air pollution on asthma in Australia: a methods paper - Published 22 March 2010.

Cardiovascular medicines and primary health care: a regional analysis - Cardiovascular medicines and primary health care: a regional analysis shows how the supply of cardiovascular medicines and primary health-care services differs across regions in Australia. . Published 17 March 2010.

Australia. National E-Health Transition Authority

Australia launches leading edge e-health supply chain location directory - 17 March 2010.The first electronic location directory, connecting healthcare purchasers and suppliers around Australia, was officially unveiled in Melbourne and Sydney this week. The central registry, known as GS1Locatenet GLN Directory for Healthcare, will improve the speed and accuracy of supply transactions helping to reduce hospital operating costs and save lives. Read more: Australia launches leading edge e-health supply chain location directory

Australian Health Practitioner Regulation Agency

Monday 22 March 2010 -New Calls for Expressions of Interest in National and State Office Roles. - Executive Officer, Psychology and Osteopathy Boards of Australia , Executive Officer, Policy, National Board Services , Director of Corporate Services (WA and SA) , Manager Medical Registration (Victoria).

Australian Commission on Safety & Quality in Health

Commission update - Issue 10, March 2010 (PDF 257 KB)

National Forum on Safety and Quality in Primary and Community Health - May 2010 (PDF 260 KB)

5th International Conference in Health Care - Quality Around the World - May 2010

8th Australasian Conference on Safety and Quality in Health Care - Sept 2010

National Forum on Safety and Quality in Health Care - October 2010

Australian Capital Territory. Department of Health

Death cap mushroom warning (22 March 2010) - ACT Health is reminding people to steer clear of the world's most deadly mushroom the Death Cap.

Rabies and Australian Bat Lyssavirus (22 March 2010) - ACT Health advises people not to handle bats at all, even if they are trapped or injured.

New South Wales. Department of Health

NSW Health News Update - Latest in health video news. - Floods - Health Reform - Scholarships - Dubbo Diabetes - Great Australian Bite

Policy Directives

Information Bulletins

Queensland. Department of Health

March Health Matters (PDF, 1MB)

South Australia. Department of Health

24 March 2010 - 2010 Meningococcal Season Reminder (pdf 45kb)

Victoria. Department of Health

Media releases

Hospital circular - Publication Number 08 / 2010 - 22 March 2010 - Public Hospital Charges - Changes Nursing Home Type Patients (NHTP)

Western Australia. Department of Health

Media releases

WA Health Performance Report October to December 2009 (PDF 704KB)

New Zealand. Medsafe

Medsafe's Evaluation Policy for Priority and Abbreviated Assessments

New Zealand Regulatory Guidelines for Medicines - Update to Volume 1, Part D, Section 4.10 as a result of the last Medicines Classification Committee meeting held on 3 November 2009

United Kingdom. Department of Health

The Quarter: quarter 3, 2009/10

Commercial skills for the NHS

Prevention of Venous Thromboembolism (VTE) in hospitalised patients

Inclusion Health: improving primary care for socially excluded people

Valuing people now: a new three-year strategy for people with learning disabilities

Reducing cancer inequality:evidence, progress and making it happen: a report by the National Cancer Equality Initiative

Medical patient weighing scales

United States of America. Department of Health & Human Services

What Change Looks Like - The passage of health insurance reform legislation represents a historic victory for the American people. America's families and businesses will not only get relief from skyrocketing health care costs but will now have more control over their health care. No longer will the insurance companies get the final say when it comes to rates and rights. - Watch the Video & Read the President's Remarks

Canada. Health Canada

Government of Canada Releases Draft Assessments for 17 Substances included in the Chemicals Management Plan [2010-03-22]

Health Canada Completes Safety Assessment of Caffeine use in Non-Cola Beverages [2010-03-19]

Health Canada Reminds Parents and Caregivers to Take Steps to Prevent Unintentional Poisoning [2010-03-15]

Australian Medical Association

Closing the Indigenous health gap - time to get it right 25 March 2010 - 2:05pm - AMA President, Dr Andrew Pesce, said today that Close the Gap Day is a timely reminder for the Government to get active in developing a comprehensive national plan to achieve Indigenous health equality within a generation.

2010 AMA Award for Excellence in Health Care 24 March 2010 - 9:00am - Nominations for the 2010 AMA Award for Excellence in Health Care are now being accepted.

2010 AMA State Awards 24 March 2010 - 9:00pm - The Federal AMA is conducting the AMA Awards program, which recognises the work of State and Territory AMAs in promoting the Association and the profession. Submissions for the 2010 AMA State Awards are now being accepted.

GP Network News Issue 10, Number 9 - 19 March 2010 19 March 2010 - 3:30pm - GP Network News Issue 10, Number 9 - 19 March 2010, AMA welcomes investment in general practice training places, H1N1 influenza update, Draft clinical practice guidelines for the treatment of depression. Read more

British Medical Association

Anti-market campaign wins public backing - Almost 3,000 doctors and 2,000 members of the public have responded to the BMA's campaign

We must fight inequality, says next BMA president - Avoidable health inequalities 'are wrong, morally wrong', argues leading doctor

'We were lucky with H1N1', says former swine flu tsar - The government has learnt lessons from swine flu response, doctors told

GPs demand halt to SCR roll-out - BMA says over-hasty progress of the database programme means patients are ignorant of its true implications

BMA backs hospital cuts protest - Doctors oppose plans for reconfiguration of busy emergency department

American Medical Association

President Obama Signs Historic Health System Reform Bill for Health of Our Nation - AMA Statement, March 23, 2010 - The president's signature on historic health reform legislation today is a monumental moment in the health of our nation. Read More

Canadian Medical Association

03/25/2010 - Number of Canadian IMGs seeking residency training soars

03/23/2010 - CMA pushing for EMR training in all 17 medical schools

03/19/2010 - Women MDs challenge Ottawa over contraception issue

DLA Phillips Fox is one of the largest legal firms in Australasia and a member of DLA Piper Group, an alliance of independent legal practices. It is a separate and distinct legal entity. For more information visit

This publication is intended as a first point of reference and should not be relied on as a substitute for professional advice. Specialist legal advice should always be sought in relation to any particular circumstances.

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.