Background The appellant was enrolled in the Dental Medicine degree at the University of Western Australia (University).  In 2019, he failed two units which involved participating in a clinical placement at the Dental Health Service (DHS) operated by the North Metropolitan Health Service (Health Service). Consequently, the University assigned the appellant a status of ‘excluded’ which prevented him from re-enrolling in the units.  However, in 2020 the University Academic Board upheld an appeal and allowed him to re-enrol in the units. When he attempted to re-enrol in 2021, the dean o ..read more

Background In December 2020, Dr Amireh Fakhouri filed a class action against the NSW Ministry of Health and the State of NSW covering junior medical officers who worked between 16 December 2014 and 21 March 2024. In a statement of claim, she alleged NSW Health failed to pay wages for rostered overtime, unrostered overtime, meal breaks, and superannuation which junior doctors were entitled to. Since commencement of the proceedings, more than 20,000 medical employees have registered for the class action. Outcome On 4 March 2024, the Parties reached a settlement of the class action for $229 ..read more

Western Australian State Coroner Fogliani made a number of recommendations in the inquest into the death of Ashleigh Hunter, a 26-year-old woman who died of meningococcaemia, aimed at closing the gap between ambulance officers and hospitals when managing and monitoring acute patients who are ramped prior to entry into the emergency department. However, the facts of this inquest illustrate some of the potential pitfalls for emergency medicine practitioners when assessing and managing acute patients both on the ramp and within the emergency department. By way of summary, Ms Ashleigh Hunter died ..read more

It has been reported that numerous complaints were anonymously made, and some related to online posts within private or closed groups. While every complaint is required to be investigated by Ahpra, it has indicated that none of its investigations (at the time of writing) had necessitated a formal inquiry. Following a meeting between the Australian Medical Association (AMA) and the Medical Board of Australia, the AMA stated that “any doctor making respectful statements on social media advocating for peace and the protection of healthcare works in war zones should feel confident that they will n ..read more

In AB v CD [2024] WASAT 6, the co-ordinating practitioner refused access on the basis that the Applicant was not ordinarily a resident in Western Australia (WA) as per section 16(1)(b)(ii) of the VAD Act. The SAT examined the wording of the section and formed the view that, in the circumstances of the case, the Applicant did meet the ‘ordinarily resident’ eligibility requirement. Background The Applicant, Mr AB, is a 67-year-old man living with lung cancer which metastasized to his brain about 2.5 years after he was first diagnosed.  The Applicant’s initial prognosis was a life expectancy ..read more

In that case, Mr Elisha was an employee of Vision Australia and was dismissed following an investigation into allegations of misconduct by him, whilst travelling for employment purposes.  Mr Elisha claimed that the employer’s investigation was conducted in a way that caused him psychiatric injury and that the manner of the investigation was both negligent and a breach of his employment contract. The trial judge found that the employer was not responsible to Mr Elisha in negligence because it did not owe him the duty of care that he claimed.  However, Vision Australia were found to ha ..read more

Background Ms Trakosas, a highly trained registered nurse, held the view that the Covid-19 vaccination programme was not evidence based and was dangerous to public health and safety. She refused to be vaccinated, and was subsequently stood down from her hospital role. These beliefs were published on public forums and social media. For example, she had spoken at a public rally, the speech recorded and published online. The views expressed were clearly contrary to various Codes and Guides published by Ahpra and the Nursing and Midwifery Board (the Board), including the Code of Conduct for N ..read more

Background The respondent medical practitioner’s identity was suppressed by the Tribunal, so there are limited details available regarding their background, however the Tribunal’s decision confirms that the respondent was a general practitioner practising in the ACT at the time of the conduct. On 19 July 2022, the respondent sent an email to the practice of consultant ophthalmologist Associate Professor Kristopher Rallah-Baker, who is Australia’s first Indigenous ophthalmologist. The Respondent had no personal or professional connection to Associate Professor Rallah-Baker. We have chosen not t ..read more

Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability An inquiry into what governments, institutions and the community should do to prevent and better protect people with disability from experiencing violence, abuse, neglect and exploitation in all settings and contexts. Reviewed the experience of people with disability from specific groups including First Nations people and those from culturally and linguistically diverse communities. A strong focus on the human rights of people with disability. The Final Report The final report made public on 29 Septemb ..read more

Facts The proceedings related to the general practitioner’s interactions with Mr and Mrs P. Mr and Mrs P were from the same ethnic community as the general practitioner and the parties knew each other socially from around 2015. The general practitioner also saw Mr P as a patient, having around 14 consultations with him from May 2018 to May 2020, mainly regarding lower urinary tract syndrome and associated erectile dysfunction. On 28 December 2020, the general practitioner and his wife attended a lunch, where Mrs P was also present. During the lunch, Mrs P disclosed that Mr P had been away for ..read more