JUDGMENTS
Western Australia. State Administrative Tribunal
MEDICAL BOARD OF AUSTRALIA and COSTLEY [2011] WASAT 171 (12 October 2011)
This State Administrative Tribunal of Western Australia decision related to allegations of professional misconduct brought against a medical practitioner by the Medical Board of Australia. Proceedings were commenced before the Tribunal in April 2011 and the practitioner subsequently applied to the Tribunal for an order that certain allegations relating to the practitioner's alleged inappropriate relationship with a patient be struck out on the basis that to allow this part of the proceeding would involve an abuse of process.
The practitioner gave evidence that the relationship with the patient took place over 18 years ago and was the subject of a complaint to the Medical Board of Western Australia in early 1993 which led to a decision that no breach of the Medical Act 1894 (WA) had occurred.
The Tribunal was required to balance public interest considerations of protecting the public with the requirements of fairness to the practitioner and in applying this weighing process ultimately found that it was appropriate to strike out the relevant allegations as an abuse of process.
The Tribunal cited a number of reasons for this decision including the fact that the practitioner had been informed over 18 years ago by the Medical Board of Western Australia that substantially the same allegations would not involve disciplinary proceedings and further that the practitioner's ability to meaningfully defend the allegations had been significantly compromised by reason of the significant delay since 1993 and the present.
LEGISLATION
Commonwealth
Health Insurance (Prescribed Pathology Services) Determination 2011 - F2011L02163 " as made
Health Insurance (Midwife and Nurse Practitioner) Determination 2011 - F2011L02162 " as made
National Health (Chemotherapy Pharmaceuticals Access Program) Special Arrangement Amendment Instrument 2011 (No.10) (No. PB 78 of 2011) - F2011L02161 " PB 78 of 2011 as made
Private Health Insurance (Benefit Requirements) Rules 2011 - F2011L02160 " as made
Australian Capital Territory
Transplantation and Anatomy Amendment Bill - introduced into the Legislative Assembly on 27 October 2011
Northern Territory
Medicines, Poisons and Therapeutic Goods Bill 2011 - introduced into the Legislative Assembly on 20 October 2011.
Queensland
Health and Hospitals Network Act 2011 No. 32 - assented to on 28/10/2011
Tasmania
Public Health Amendment Bill - introduced into the House of Assembly on 18 October 2011
Tasmanian Health Organisations Bill 2011 - introduced into the House of Assembly on 18 October 2011
REPORTS
Australia. Department of Health & Ageing
Media releases
- 03 November 2011 - Director of Professional Services Review appointed - Dr William (Bill) Coote has been appointed permanent Director of the Professional Services Review (PSR), Minister for Health and Ageing Nicola Roxon announced on 3 November 2011.
- 03 November 2011 - New national Aboriginal and Torres Strait Islander health - The Minister for Health, Nicola Roxon, and the Minister for Indigenous Health, Warren Snowdon, today announced the development of a new health plan for Aboriginal and Torres Strait Islander Australians.
- 02 November 2011 - Amendments to tobacco plain packaging start date - The Government has announced revised implementation timeframes for the introduction of its world first tobacco plain packaging legislation following delays in the Senate passing the legislation.
- 02 November 2011 - Construction begins on $44.6m capital region cancer centre - Cancer patients in the Australian Capital Territory and surrounding regions of New South Wales are set to benefit further from national health reforms, as construction begins on the $44.6 million Capital Region Cancer Centre.Senate passing the legislation.
- 02 November 2011 - High number of HHF applications received - More than 200 applications for health services in rural and regional Australia, totalling almost $3.4 billion, have been received under the Australian Government's latest Health and Hospitals Fund Regional Priority Round.Senate passing the legislation.
- 02 November 2011 - Pillar of health reform passes the House - A key pillar of the Australian Government's health reforms, the Independent Hospital Pricing Authority, has moved a step closer with legislation to establish the statutory authority passing the House of Representatives, Minister for Health and Ageing Nicola Roxon, said.
- 02 November 2011 - Second report on economic potential of senior Australians - The Australian Government has welcomed the second report from the Advisory Panel on the Economic Potential of Senior Australians, which looks at how to the most of the opportunities presented by a larger and more active community of older Australians.
- 01 November 2011 - Call for public submissions on better regulation of industrial chemicalsM - The Australian Government is inviting submissions for the review of the National Industrial Chemicals Notification and Assessment Scheme.
- 01 November 2011 - One year on patients have more choice - Patients and pregnant women around the country are benefitting from trail-blazing nurse practitioners and midwives who, in collaboration with medical practitioners, are now providing Government-subsidised services to patients.
- 28 October 2011- Health reform delivers over 40 beds for the Illawarra and Shoalhaven -Patients in the Illawarra and Shoalhaven will benefit from better access to more sub-acute hospital beds including improved rehabilitation, palliative care and mental health services as a result of the Gillard Government's historic national health reforms.
- 28 October 2011 - New guidelines improves the management of volatile substance use -Australia's first Consensus-Based Clinical Practice Guideline for the Management of Volatile Substance Use in Australia and a quick-reference summary to support heath workers treating clients in this area have been developed.
- 28 October 2011 - Shellharbour GP Super Clinic opens-The Australian Government is delivering more health services to Shellharbour with the official opening of the Shellharbour GP Super Clinic.
Aged Care
Complaints Scheme: complaint resolution toolkit now available -
The Aged Care Complaints Scheme's new complaint resolution
toolkit is now available to help aged care industry effectively
handle complaints and to support the introduction of the new
framework for complaints resolution. The toolkit aims to help
providers understand their roles, responsibilities and involvement
in complaints handling, the components of an effective internal
complaint resolution process, and the Scheme's role and new
complaint resolution framework. You can access the toolkit online
here: http://agedcarecomplaints.govspace.gov.au/toolkit.
We encourage you to subscribe to Aged Care Complaints Scheme News
to receive an email alert whenever we publish new information on
the site. This will also keep you informed when updates are made to
the toolkit. To subscribe, enter your email address into the
'Subscribe to updates' box on the right-hand side of the
website. 28 October 2011
Proposed DoHA Enterprise Agreement 2011-2014 and summary of key provisions
Australia. National Health & Medical Research Council
03 November 2011 - Feedback to ensure better information for the management of ADHD in children and adolescents
28 October 2011 - New guideline improves the management of volatile substance use
28 October 2011 - Safer drinking water for all Australians
Australian Health Practitioners Regulation Agency
AHPRA and the National Boards release annual report. - 02/11/2011 | Read Article
Australian Institute of Health & Welfare
Lung cancer in Australia 2011 - media release (4 Nov 2011)
AIHW annual report 2010-11 online (3 Nov 2011)
Obesity and injury in Australia: a review of the literature (3 Nov 2011) media release
Expenditure on health for Aboriginal and Torres Strait Islander people 2008-09: an analysis by remoteness and disease (2 Nov 2011) media release
Cervical screening in Australia 2008-2009 (31 Oct 2011) media release
Health expenditure Australia 2009-10 (28 Oct 2011) media release
Infection rates available on MyHospitals website (media release) (27 Oct 2011)
Australia. Therapeutic Goods Administration
4 November 2011 - TGA structure - Updated structure chart
4 November 2011 - Citalopram and heart problems - changes to recommended doses The TGA is advising that citalopram should no longer be used at doses greater than 40 mg per day
3 November 2011 - S-shape slim capsules - Analysis undertaken by the TGA Laboratories in Australia has confirmed the presence of therapeutic quantities of sibutramine, fenfluramine, phenolphthalein, propranolol and nifedipine in S-shape slim capsules
3 November 2011 - Savacol antiseptic mouth & throat rinse alcohol free - The TGA advises that all batches of Savacol Antiseptic Mouth & Throat Rinse alcohol free chlorhexidine gluconate 2 mg/mL mouthwash are being recalled
3 November 2011 - Dabigatran (Pradaxa) & the risk of bleeding: new recommendations for monitoring kidney function - The TGA advises health professionals and consumers that, following further evaluation of international reports of bleeding with Pradaxa, new recommendations for assessing kidney function before starting this medicine and during its use are now in place
3 November 2011 - Dabigatran (Pradaxa): risk of bleeding relating to use - Added risk factors for bleeding & updated reported adverse events information
2 November 2011 - Atomoxetine (STRATTERA) - risk of increased blood pressure and/or heart rate - The TGA is advising health professionals and patients of important safety information regarding the risk of increased blood pressure and/or heart rate with the use of atomoxetine (STRATTERA®)
31 October 2011 - Improving international cooperation between regulators - The TGA, the EMA, and the US FDA have completed a pilot program designed to enhance information sharing and cooperation on the inspection of manufacturing plants producing active pharmaceutical ingredients
28 October 2011 - Clinical guidelines - Added explanatory note to pp. 193 - 198 of Rules 1998 (3C) - 3CC12a
28 October 2011 - Cancellation of a therapeutic good for non-payment of an annual charge - Updated information
Australia. Private Health Insurance Ombudsman
2 Nov 2011 - Quarterly Bulletin 60 - READ MORE
Australian Capital Territory. Department of Health
Media releases
- ACT to welcome more nurses - Katy Gallagher, MLA-November 3 2011
- Report shows cancer rates higher for ACT men - Katy Gallagher, MLA-November 2 2011
- Construction begins on $44.6 million Capital Region Cancer Centre- Katy Gallagher, MLA-November 2 2011
Adult Acute Mental Health Inpatient Unit (3 November 2011) - The final stage of community consultation on the new Adult Acute Mental Health Inpatient Unit is now open.
Cancer in the ACT report (2 November 2011) - Health Directorate has just released this latest Cancer in the ACT, Incidence and Mortality Report for 2011.
ChiTree product recall (31 October 2011) - Health Directorate has warned Canberrans against consuming ChiTree apricot kernels.
Healthy Territory spring edition (28 October 2011) - See the latest edition of Healthy Territory - ACT Health's magazine for healthcare providers.
Australian Capital Territory. Department of Community Services
Community Consultation - ESA Station upgrade - Description: The ACT Emergency Services Agency (ESA) Station Upgrade and Relocation Strategy is about improving community safety for Canberrans as the city expands and the population grows. It seeks to reduce, and where possible, prevent the impact of emergencies should they occur, with particular attention to the protection and preservation of life, property and the environment. Closing Date : 17/12/2011
New South Wales. Department of Health
Media releases
- Lourdes and Dubbo Mental Health Facility [02 November 2011]
- Parkes and Forbes Hospital Visit [01 November 2011]
- Health taskforce meets in Moree [31 October 2011]
- Cervical Cancer Screening Campaign [30 October 2011]
- Survey positive but work still to be done [28 October 2011]
- Sydney Hospital celebrates 200 years [28 October 2011]
New South Wales Mothers and Babies Report 2009 31/10/2011
Policy directives
- Corrupt Conduct - Reporting to the Independent Commission Against Corruption (ICAC) PD2011_070 02/11/2011
- Respecting the Difference: An Aboriginal Cultural Training Framework for NSW Health PD2011_069 01/11/2011
Queensland. Department of Health
Media releases
- 02/11/2011- New Cancer Care Centre dedicated to crusader Liz Plummer
- 31/10/2011- Healthy finalists in the running for their share of $1.6 million at the 2011 Healthy Queensland Awards
Tasmania. Department of Health & Human Services
Media releases
- Commonwealth to work with us on Health Minister for Health 2 November 2011
- Rockliff in denial on health minister for health 1 November 2011
- RHH Redevelopment to benefit Tasmania's economy Minister for health 28 October 2011
Victoria. Department of Health
Media releases
- Construction commences for new Box Hill hospital - Wednesday, 02 Nov 2011- Minister for Health David Davis announced today that construction of the $447.5 million Box Hill Hospital redevelopment has begun
- New bans to assist young people to stop smoking - Monday, 31 Oct 2011 - Bans on the sale of fruity, sweet or confectionery-flavoured cigarette rolling papers, cigar wraps and cigarillos come into force from next month in Victoria.
- $3.2m pilot opens door for people with mental illness - Thursday, 03 Nov 2011 - An innovative project that helps people with a severe mental illness into private sector housing has been unveiled by Minister for Mental Health Mary Wooldridge.
Low vitamin D in Victoria: Key health messages for doctors, nurses and allied health (October 2011)
Department releases its 2010-11 annual report - 28 October 2011 - On Thursday 27 October, the Department of Health tabled its annual report in Parliament in accordance with the provisions of the Financial Management Act.
Dental Health Program funding model and data set
Newborn screening policy and guidelines 2011
Western Australia. Department of Health
Media releases
- 3 November 2011 - Ross River virus disease risk spreads in the south-west
United Kingdom. Department of Health
Remember to get your flu jab - The Chief Medical Officer, Professor Dame Sally Davies, is reminding everyone in an at-risk group to come forward and join the estimated seven million people who have already had the ... Read more – Remember to get your flu jab - Published: 3 November, 2011
Public service pensions – the NHS Pension Scheme - The Health Secretary has today written to all Chairs of NHS trusts, SHA clusters, PCT clusters, Foundation Trusts and Arm's Length Bodies about the Government's proposed changes to public service ... Read more – Public service pensions – the NHS Pension Scheme - Published: 2 November, 2011
Watch the quit smoking TV ad - The Department's second wave of its advertising campaign featuring real children, not actors, talking about how worried they are about their parents' smoking, is running currently. The adverts encourage smokers to order ... Read more – Watch the quit smoking TV ad - Published: 2 November, 2011
The NHS Commissioning Board Authority (Functions of the Authority) Directions 2011 - These Directions allow for making preparatory arrangements towards the establishment and operation of the NHS Commissioning Board. In doing so they direct the Authority to take any such steps deemed ... Read more – The NHS Commissioning Board Authority (Functions of the Authority) Directions 2011 - Published: 1 November, 2011
All children really want this Christmas is their parents to quit smoking - As the Department launches a second wave of its advertising campaign aimed at getting loved ones to quit smoking, new research reveals children's anti-smoking attitudes. Featuring real children, not actors ... Read more – All children really want this Christmas is their parents to quit smoking - Published: 1 November, 2011
Plan launched to keep us healthy this winter - The 'Cold weather plan for England', which aims to protect people's health throughout the cold winter months, was launched today – the official start of winter. The cross-Government initiative reminds ... Read more – Plan launched to keep us healthy this winter - Published: 1 November, 2011
Launch of the Clinical Practice Research Datalink - In March 2011, The Government launched its 'Plan for Growth' which details steps needed to enable the British economy to become more internationally competitive. As part of this initiative The ... Read more – Launch of the Clinical Practice Research Datalink - Published: 31 October, 2011
NHS Commissioning Board Authority goes live - The NHS Commissioning Board Authority, a special health authority and the shadow form of the NHS Commissioning Board (the Board), is now in operation. Subject to the successful passage of ... Read more – NHS Commissioning Board Authority goes live - Published: 31 October, 2011
United States of America. Department of Health & Human Services
October 31, 2011 - Statement from Secretary Sebelius on Second Annual Sustainability Performance Plan - Statement from Secretary Sebelius on Second Annual Sustainability Performance Plan
October 31, 2011 - HHS announces refined survey standards to examine and help eliminate differences in care based on race, ethnicity, sex, primary language, or disability - The U.S. Department of Health and Human Services today released final standards to more consistently measure race, ethnicity, sex, primary language, and disability status, thereby improving the ability to highlight disparities in health status and target interventions to reduce these disparities.
Australian Medical Association
Senate mental health inquiry outcome reflects huge workload and misinformation - Today, 4 November 2011, - AMA President, Dr Steve Hambleton, said today that this week's messy and divided outcome from the Senate Community Affairs Committee Inquiry into the Commonwealth's funding and administration of mental health services reflects the enormity of community interest in mental health, and the confusing and misinformed input from some key stakeholders.
AMA Public Hospital Report Card 2011 - Wednesday, 2 November 2011 - The AMA Public Hospital Report Card 2011 has found that there has been little improvement in public hospital capacity and performance across Australia in 2009-10, despite extra Commonwealth funding. It has been very much business as usual as public hospitals struggle to meet demand.
Little improvement in public hospital capacity and performance despite extra Commonwealth funding - Wednesday, 2 November 2011 - There was little improvement in public hospital capacity and performance across Australia in 2009-10, despite extra Commonwealth funding, according to the AMA Public Hospital Report Card 2011, released today. AMA President, Dr Steve Hambleton, said that public hospital performance in every State and Territory is well below targets for access to emergency departments and elective surgery set by the Council of Australian Governments (COAG).
Mental health services harder to access from tomorrow - Monday, 31 October 2011 - The Government's savage cuts to mental health services available through general practice come into effect tomorrow, 1 November. Under changes announced in the May Budget, the Government is cutting Medicare rebates for GP mental health services under the Better Access Program by up to 46 per cent.
American Medical Association
AMA to help physicians promote healthy families - Nov. 1, 2011 - AMA Press Release - The AMA released CME activities to help physicians promote healthy lifestyles to their patients and families.
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