HEALTH ALERT
30 October 2017
Key Decisions .............................................................................................................................. 2
Judgments.................................................................................................................................... 2 Commonwealth. Fair Work Commission ............................................................................... 2 Commonwealth. Federal Court............................................................................................... 3 Australian Capital Territory..................................................................................................... 3 New South Wales ..................................................................................................................... 3
Legislation.................................................................................................................................... 3 Commonwealth ........................................................................................................................ 3 New South Wales ..................................................................................................................... 3 Tasmania................................................................................................................................... 3 Victoria ...................................................................................................................................... 3
Reports ......................................................................................................................................... 4 Australia. Department of Health ............................................................................................. 4 Australia. Health Practitioner Regulation Agency and the boards..................................... 4 Australia. Therapeutic Goods Administration ...................................................................... 4 Australian Capital Territory. Health Directorate ................................................................... 5 New South Wales (NSW). Ministry of Health ......................................................................... 5 Queensland. Department of Health ........................................................................................ 6 South Australia (SA). Department for Health & Ageing ....................................................... 6 Tasmania. Department of Health & Human Services ........................................................... 6 Victoria. Department of Health ............................................................................................... 7 Western Australia (WA). Department of Health .................................................................... 7 New Zealand. Ministry of Health............................................................................................. 8 Australian Medical Association (AuMA) ................................................................................ 8
About us ....................................................................................................................................... 9
More information ......................................................................................................................... 9
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KEY DECISIONS
20 October 2017 - Coffey v Murrumbidgee Local Health District [2017] NSWSC 144 - CIVIL PROCEDURE Medical negligence Whether conference of liability experts should be held Legislation
This case involved a claim for damages for medical negligence relating to injuries allegedly suffered by the plaintiff at the time of his birth and an associated nervous shock claim by his mother. The vast majority of matters in issue between the parties were resolved by agreement between them. A joint conference was to be held for liability experts to determine questions agreed by the parties. One matter that was not agreed was whether the conference should be held with a facilitator. The plaintiffs strenuously opposed the appointment of a facilitator for three key reasons. First, the experts were experienced in giving evidence and participating in conferences. Second, the parties had agreed upon the majority of the assumptions to be made so there was unlikely to be any complexity that would require the assistance of a third person. Finally, it would be introducing a person who was not objectively accountable to the parties for the conduct of the joint conference. The defendant suggested that Mr Blackett SC be nominated as a facilitator. Justice Campbell nominated Mr Blackett as 'chair' of the conference. His Honour noted that Mr Blackett was an experienced member of the bar and was unlikely to put himself in the shoes of an expert or take over the negotiations. His Honour said that this is a case which would benefit from the involvement of Mr Blackett and that the involvement particularly of a member of the bar in that role can be invaluable.
20 October 2017 - Quach v New South Wales Health Care Complaints Commission; Quach v New South Wales Civil and Administrative Tribunal [2017] NSWCA 267 - PROCEDURE vexatious litigants and proceedings whether applicant has shown cause why he should not be prohibited from instituting or maintaining proceedings relating to the subject matter of the present proceedings whether applicant has frequently instituted or conducted vexatious proceedings in Australia where applicant has on several occasions taken steps in proceedings that have been found to be vexatious and an abuse of process where applicant has on other occasions taken steps in proceedings with no reasonable cause whether terms of vexatious proceedings order should preserve the applicant's right to seek an extension of time for a statutory appeal against decisions of New South Wales Civil and Administrative Tribunal (NCAT).
Mr Quach was a medical practitioner. Ten complaints were made about Mr Quach to the Health Care Complaints Commission, which were held by NCAT to have been made out (First Decision). NCAT then cancelled Mr Quach's registration as a medical practitioner, precluding review for a period of seven years (Second Decision). Mr Quach commenced two proceedings in February 2015 challenging the First Decision. Both were unsuccessful. He commenced a further proceeding, by way of judicial review of both the First and Second Decisions, which was also unsuccessful. Mr Quach then sought to re-agitate his contentions by making numerous further applications by way of notice of motion in the Supreme Court. Each of those was unsuccessful. Mr Quach was ordered to show cause why vexatious proceedings orders should not be made against him. He filed a document seeking an oral hearing. In addition, he filed three further notices of motion seeking the recusal of the members of the Court allocated to hear the show cause matters. At the hearing each of the members of the Supreme Court declined to recuse themselves. After the hearing, Mr Quach filed (without leave) a further submission and also served (without leave) a notice to produce on the Crown Solicitor's Office directed to the Attorney-General of New South Wales. The Supreme Court made a vexatious proceeding order against Mr Quach as he had frequently instituted or conducted vexatious proceedings, either without reasonable grounds or within the meaning of the Vexatious Proceedings Act 2008 (NSW).
JUDGMENTS
Commonwealth. Fair Work Commission
23 October 2017 - Sippel v People Care Pty Ltd T/A Earle Haven Retirement Village [2017] FWC 5405 - Application for an unfair dismissal remedy - extension of time.
20 October 2017 - Kanamkombil v St John of God Health Care Inc [2017] FWC 4795 - Application for an unfair dismissal remedy dismissal was fair application dismissed.
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20 October 2017 - CPSU, the Community and Public Sector Union v Royal Flying Doctor Service of Australia Central Operations [2017] FWC 5408 - Section 229 application for a bargaining order interlocutory decision whether question about power to make an order sought by the applicant union should be dealt with as a preliminary point issue has substance but likely to be a matter of discretion Commission not bound by orders as sought issue would not determine application balance of convenience favours hearing as part of substantive application directions to be issued.
Commonwealth. Federal Court
24 October 2017 - Australian Nursing and Midwifery Federation v Bupa Aged Care Australia Pty Ltd [2017] FCA 1246 - FAIR WORK - application for declaratory and injunctive relief to restrain alleged contravention of s 50 of the Fair Work Act 2009 (Cth)- where applicant alleges respondent contravened consultation clause of enterprise agreement in respect of anticipated redundancies - application.
Australian Capital Territory
20 October 2017 - QA v Chief Psychiatrist of the ACT [2017] ACTSC 306 - ADMINISTRATIVE LAW APPEALS FROM ADMINISTRATIVE AUTHORITIES Psychiatric Treatment Order appellant suffering from schizophrenia suffers from delusions refuses to take medications turns on own facts.
New South Wales
20 October 2017 - Quach v New South Wales Health Care Complaints Commission; Quach v New South Wales Civil and Administrative Tribunal [2017] NSWCA 267 - PROCEDURE vexatious litigants and proceedings whether applicant has shown cause why he should not be prohibited from instituting or maintaining proceedings relating to the subject matter of the present proceedings whether applicant has frequently instituted or conducted vexatious proceedings in Australia where applicant has on several occasions taken steps in proceedings that have been found to be vexatious and an abuse of process where applicant has on other occasions taken steps in proceedings with no reasonable cause whether terms of vexatious proceedings order should preserve the applicant's right to seek an extension of time for a statutory appeal against decisions of NCAT.
23 October 2017 - Health Care Complaints Commission v Kesserwani [2017] NSWCATOD 149 Chiropractor - professional boundaries - communication with patient after complaint made complaint withdrawn by patient - false statements made to the Health Care Complaints Commission about extent of contact with patient. Improper and unethical conduct. Whether conduct amounted to professional misconduct.
20 October 2017 - Coffey v Murrumbidgee Local Health District [2017] NSWSC 144 - CIVIL PROCEDURE Medical negligence Whether conference of liability experts should be held Legislation.
LEGISLATION
As a general rule, this bulletin tracks subsidiary legislation at Commonwealth, but not at state level
Commonwealth
New South Wales
24 October 2017 - Health Practitioner Regulation Amendment Bill 2017 - Assented.
Tasmania
16 October 2017 - Public Health Amendment (Healthy Tasmania) Bill 2017 - Assented.
Victoria
24 October 2017 - Health Legislation Amendment (Quality and Safety) Bill 2017 - Assented.
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REPORTS
Australia. Department of Health
Media releases
27 October 2017 - More resources to help fight opioid addiction - Opioid addiction is an international and Australian health challenge, therefore the Australian Government is providing over $1 million to ensure health practitioners and consumers are informed about changes to accessing codeine-containing medicines.
25 October 2017 - Free healthy food app dials up good tucker for remote Indigenous communities A new mobile phone app has been launched which promises to help Aboriginal and Torres Strait Islander people in remote areas make healthy food choices.
25 October 2017 - Quality review released: Aged care assessment visits to be unannounced Announced accreditation visits will be replaced with unannounced audits across Australia's residential aged care facilities, to help ensure safe, quality care standards are maintained at all centres at all times.
24 October 2017 - Statement on Jackie Crowe - It is with great sadness that we mark the passing over the weekend of National Mental Health Commissioner, Ms Jackie Crowe.
23 October 2017 - Transition to community control model positions West Arnhem for greater health benefits - The Australian Government will invest almost half a million dollars to support the transition of four health clinics across the Northern Territory's West Arnhem region to a community control health service.
21 October 2017 - Announcement of Australia's first National Rural Health Commissioner today Emeritus Professor Paul Worley will become Australia's first National Rural Health Commissioner.
21 October 2017 - New website to support mums - The Australian Government has launched a new online mental health resource to support new mums and mums-to-be through a range of perinatal support programs.
Private Health insurance Circulars
PHI 49/17 Payment of the Private Health Insurance Complaints Levy for 2017-18
Australia. Health Practitioner Regulation Agency and the boards
25 October 2017 - National regulation of paramedicine moves a step closer - The national regulation of paramedicine moves a step closer with the appointment of the first Paramedicine Board of Australia (the Board).
Australia. Therapeutic Goods Administration
26 October 2017 - ACB meeting statement, Meeting 10, 25 May 2017 - Advisory Committee on Biologicals (ACB), Meeting 10 statement.
26 October 2017 - ACB meeting statement, Meeting 9, 30 March 2017 - Advisory Committee on Biologicals (ACB), Meeting 9 statement.
26 October 2017 - ACB meeting statement, Meeting 8, 8 December 2016 - Advisory Committee on Biologicals (ACB), Meeting 8 statement.
26 October 2017 - ACB meeting statement, Meeting 7, 25 August 2016 - Advisory Committee on Biologicals (ACB), Meeting 7 statement.
26 October 2017 - Strengthening the assessment of medical devices and information for consumers - New regulatory framework for surgical mesh devices and provision of information to the consumers for all implantable medical devices.
26 October 2017 - Labelling changes: information for health professionals - Information about critical health information tables on over the counter medicine labels.
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25 October 2017 - Updates to the Prescribing Medicines in Pregnancy database - Four medicines added.
25 October 2017 - Submissions received: Alignment with European medical device regulatory framework - Submissions received in response to consultation on Up-classification of surgical mesh and Patient implant cards.
24 October 2017 - Revised draft list of permitted indications - Revised permitted indication list, updated FAQ and two new fact sheets on permitted indications.
24 October 2017 - Regulation of autologous cell and tissue products - The Government has decided that changes to regulation should be implemented.
24 October 2017 - Submissions received: Regulation of autologous cell and tissue products and proposed consequential changes to the classification of biologicals - Submissions received on the consultation on regulation of autologous cell and tissue products.
23 October 2017 - Manufacturing principles & guidelines - Update to the Manufacturing Principles to reflect publication of TGO 94.
20 October 2017 - Prescription medicines: registration of new chemical entities in Australia - Newlyregistered new chemical entities added.
20 October 2017 - Prescription medicines: new or extended uses, or new combinations of registered medicines - We have just published newly-registered extended uses of already-registered medicines.
20 October 2017 - Medical devices and IVDs: Suspensions from the ARTG - Suspension of ARTG 278698 was extended for 6 months.
Australian Capital Territory (ACT). Health Directorate
25 October 2017 - P.A.R.T.Y people recognised for work educating youth on drugs, alcohol - Minister for Health and Wellbeing Meegan Fitzharris said the P.A.R.T.Y. (Prevent Alcohol and Risk-Related Trauma in Youth) program began as a pilot throughout 2015 and has proved incredibly popular with 856 students from ACT high schools participating in the 37 programs conducted to date.
'In the ACT, young people aged 16-24 years have the highest rates of injury, and this is an issue not only in our local community, but around Australia and the rest of the world,' Minister Fitzharris said.
'The PARTY program involves students spending a full day at Canberra Hospital and actively participating in different scenarios that give them a real insight into the types of trauma, injuries and rehabilitation that can result from traumatic and often preventable incidents'.
24 October 2017 - ACT adopts legislation for national registration of paramedics - The Government has today tabled legislative reforms that will see a national registration scheme for paramedics adopted in the ACT through the Health Practitioner Regulation National Law and other Legislation Amendment Act 2017.
In tabling the reforms the Minister for Health and Wellbeing Meegan Fitzharris, said the legislative amendments are about ensuring the ACT is upholding a national consistent approach to health professional regulation.
New South Wales (NSW). Ministry of Health
Media Releases
26 October 2017 - Awards for greatest ideas in health care - The Secretary of NSW Health Elizabeth Koff has congratulated the winners and finalists of the 19th annual NSW Health Awards, announced by the Minister for Health Brad Hazzard at Sydney Olympic Park on Thursday evening.
Publications
27 October 2017 - Communicable Diseases Weekly Report (CDWR)
Information Bulletins
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22 October 2017 - Commonwealth Paid Parental Leave - Document number: IB2017_037.
22 October 2017 - Rural and Remote Incentive Scheme - Document number: IB2017_038.
22 October 2017 - Old Part-Time Employees - Document number: IB2017_039.
22 October 2017 - Leave for Declared Natural Disasters or Emergencies - Document number: IB2017_040.
22 October 2017 - Use of Disputes Committees - Document number: IB2017_041.
Queensland. Department of Health
27 October 2017 - Government steps up mental health support in Bundaberg - The Queensland Government has announced Hutchinson Builders as the successful tenderer to construct Bundaberg's new Step Up Step Down (SUSD) adult mental health facility.
27 October 2017 - Government steps up mental health support in Mackay - The Queensland Government has announced Zined Group as the successful tenderer to construct Mackay's new Step Up Step Down (SUSD) adult mental health facility.
25 October 2017 - Government steps up mental health support in Gladstone - The Queensland Government has announced Paynter Dixon Queensland as the successful tenderer to construct Gladstone's new Step Up Step Down (SUSD) adult mental health facility.
23 October 2017 - Gold Coast Health to lease former Varsity Lakes surgical hospital from Health Care - Gold Coast Health will lease the former Gold Coast Surgical Hospital to deliver more efficient public elective surgery to the local community.
South Australia (SA). Department for Health & Ageing
26 October 2017 - CHSALHN - Media release: Country Health SA team at forefront of AI breakthrough - A team of Country Health SA clinicians and South Australian IT experts have won a Federal Government grant to develop an Australian-first cloud-based artificial intelligence digital health platform that ultimately aims to keep people out of hospital.
25 October 2017 - CHSALHN - Media release: 20 year anniversary of Port Augusta hospital - Staff at Port Augusta Hospital will be joined by former employees to celebrate the 20-year anniversary of the current building. Country Health SA Regional Director Flinders and Upper North, Ros McRae, said it is a big milestone and clearly remembers the big move on Melbourne Cup Day in 1997.
23 October 2017 - CHSALHN - Media release: SA doctor appointed as Inaugural National Rural Health Commissioner - South Australian rural doctor and academic Professor Paul Worley has been appointed the inaugural National Rural Health Commissioner, the Federal Government has announced.
Professor Worley, Country Health SA's Executive Director Medical Services, will take on the role from the middle of November.
Tasmania. Department of Health & Human Services
25 October 2017 - Mental Health Nurses International conference in Hobart - Tasmania today welcomed over 400 delegates attending the Australian College of Mental Health Nurses 43rd International conference in Hobart.
'Optimising recovery' is the theme of this year's conference which has attracted delegates from interstate and overseas including Austria, Denmark, Qatar and the UK.
Optimising recovery is also a key focus of our long term plan for mental health in Tasmania Rethink.
16 October 2017 - Restart a Heart Day You Can Save Someone's Life - Ambulance Tasmania has joined forces with St John's Ambulance, Red Cross, the Heart Foundation and the Australian Resuscitation Council today to encourage more people to learn Cardio Pulmonary Resuscitation (CPR) and help save lives.
Staff and volunteers of all three organisations today conducted CPR demonstrations for students at both Ogilvie High School and Riverside High School as part of Restart a Heart Day.
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Each year 23,000 Australians suffer a cardiac arrest. That's 63 people every day.
16 October 2017 - Extra hospital beds having an impact - The Hodgman Liberal Government's strategy of opening extra hospital beds to deal with Emergency Department demand pressures is starting to have an impact.
While it is still early days, it is encouraging that Tasmania's busiest Emergency Department, at the Royal Hobart Hospital, has had six days in a row on the lowest level, this includes periods over the weekend when it is traditionally busy.
Victoria. Department of Health
27 October 2017 - World Class Excellence In Victoria's Public Health Care - Victoria's world class public health services have been honoured for innovative achievements that are making a real difference to Victorians and saving lives. Minister for Health Jill Hennessy and Minister for Mental Health Martin Foley last night presented 18 awards at the 2017 Victorian Public Healthcare Awards gala ceremony.
26 October 2017 - Sunraysia Rugby League Doing Its Bit For Mental Health - The Sunraysia Rugby League is working to remove the stigma around mental illness thanks to State of Mind, a grassroots mental health program supported by the Andrews Labor Government.
26 October 2017 - New Mental Health Facility For Northern Mallee - A new purpose-built 10-bed facility to support people with a mental illness will open in Mildura before Christmas, thanks to a $4.3 million investment from the Andrews Labor Government.
25 October 2017 - Bigger, Better Casey Hospital Revamp Now Underway - The Andrews Labor Government is getting on with delivering an even bigger and better Casey Hospital, with major construction works on the $135 million redevelopment now underway.
24 October 2017 - Australia's Biotech Companies Come Together In Melbourne - Local companies will be connected to over 200 global and national biotech investors at Australia Biotech Invest 2017 in Melbourne Australia's biotechnology centre. The Andrews Labor Government is backing the conference, which cements Victoria's reputation as a world-leading location to develop and manufacture medical technologies, biotechnologies and pharmaceuticals.
24 October 2017 - Revamp For Victoria's Leading Sexual Health Service - More Victorian women will be able to easily access expert advice on sexual and reproductive health issues, thanks to a modern makeover of the Family Planning Victoria Action Centre in Melbourne.
Western Australia (WA). Department of Health
23 October 2017 - Have your say on youth health - The Child and Youth Health Network invites everyone interested in youth health to participate in the consultation on the draft WA Youth Health Policy 20182023.
23 October 2017 - Sustainable Health Review reminder - A series of public forums have been held across metropolitan and regional locations with the final forums in Joondalup and Mandurah this week. Public submissions from members and organisations of the community are also sought and close this Friday 27 October.
26 October 2017 - Minister for Health: Study seeking keys to restoring speech after stroke Australians left speechless following a stroke are set to benefit from new WA Health research that will try to identify the course of care most likely to promote their recovery.
24 October 2017 - Minister for Health: Review of pharmacy ownership public consultation open now - Western Australians are being invited to provide input into a review of the State's pharmacy ownership laws.
20 October 2017 - Remote WA free meningococcal vaccine - The Department of Health today announced it will provide vaccinations against meningococcal disease to people living in certain remote communities, in response to an outbreak of serogroup W (MenW) meningococcal disease in central Australia.
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Publications
Annual reports
New Zealand. Ministry of Health
27 October 2017 - Publicly funded hospital discharges 1 July 2014 to 30 June 2015 - These tables contain summarised information detailing publicly funded hospital discharges and procedures by DHB, ethnic group, sex, age group and disease/procedure classification. The data is provided in multiple formats.
27 October 2017 - Privately funded hospital discharges 1 July 2014 to 30 June 2015 - These tables contain summarised data detailing privately funded hospital discharges and procedures by DHB, sex, age group and disease/procedure classification. The data is provided in multiple formats.
26 October 2017 - Mortality: Historical summary 19482014 - These tables present mortality data (numbers and age-standardised rates) by sex for certain causes of death from 1948 to 2014. Mori and non-Mori mortality data is presented from 1996 to 2014.
26 October 2017 - Mortality 2014 data tables - These tables contain information on the underlying causes of all deaths registered in New Zealand in 2014. Information is broken down by age, sex, ethnicity, district health board and ICD-10-AM statistical classification chapters, subgroups and three character codes.
20 October 2017 - Annual Report for the year ending 30 June 2017 - The Director-General of Health's Annual Report is presented to the House of Representatives under section 44 of the Public Finance Act 1989. The annual report highlights the Ministry's goals set out in its strategic documents and reports back on the activities undertaken to show how the Ministry is progressing to deliver on its strategic priorities and shows progress made against targets and outcomes for the 2016/2017 financial year.
20 October 2017 - Statement of Strategic Intentions 2017-2021 - The Statement of Strategic Intentions 2017-2021 outlines the Ministry's strategic intentions over the next ten years and the actions that will be undertaken as the Ministry engages and works with public service agencies, the wider health and disability sector and communities to improve, promote and protect the health and wellbeing of all New Zealanders.
18 October 2017 - Special Patients and Restricted Patients: Guidelines for Regional Forensic Mental Health Services - This publication outlines the Ministry's guidance for forensic mental health services regarding notice of admission, discharge and transfer of special patients and restricted patients under the Mental Health (Compulsory Assessment and Treatment) Act 1992.
Australian Medical Association (AuMA)
26 October 2017 - AuMA Supports Greater Quality And Accountability In Aged Care - The AuMA welcomes and supports the calls for greater quality and accountability in the Australian aged care system, as recommended by Kate Carnell AO and Professor Ron Paterson ONZM in their report, Review of National Aged Care Quality Regulatory Processes, which was released yesterday.
21 October 2017 - AuMA Congratulates Professor Paul Worley On Appointment As Rural Health Commissioner - The AMA today congratulated Professor Paul Worley on his appointment to the new position of National Rural Health Commissioner.
Welcoming the appointment, AuMA President, Dr Michael Gannon, said that Professor Worley is a highly respected member of the profession who has made a substantial contribution to rural health over many years.
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ABOUT US
Michael Regos
Michael is the head of the DLA Piper health litigation group.
He practises in the areas of health law, insurance law, medical negligence and coronial enquiries. He represents Victorian public hospitals and their insurers, the Victorian Managed Insurance Authority and is the solicitor of choice for Australia's second-largest private health operator.
Michael regularly presents to medical groups and hospitals on medicolegal issues.
Contact Details
T +61 3 9274 5437 [email protected]
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