Navigating the blur: free speech and social media perils for doctors
Health Blog | Panetta McGrath
by Enore Panetta
1w ago
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
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Voluntary assisted dying eligibility criteria considered by State Administrative Tribunal
Health Blog | Panetta McGrath
by Alice Dormer
1w ago
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
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High Court to Consider whether damages may be awarded for psychiatric harm caused by breach of an employment contract:
Health Blog | Panetta McGrath
by Sean Foy
1w ago
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
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Education for nurse who expressed Covid-19 beliefs contrary to public health messaging
Health Blog | Panetta McGrath
by Morgan Barnsby
3M ago
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
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Medical Board takes strong stance against racism
Health Blog | Panetta McGrath
by Sam Lowther
3M ago
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
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Unpacking the Disability Royal Commission
Health Blog | Panetta McGrath
by Gemma McGrath
5M ago
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
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Medical Board to contribute to GP’s legal fees after unproven allegations
Health Blog | Panetta McGrath
by Sam Lowther
6M ago
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
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Psychology Board of Australia v Dunne [2023] QCAT 242
Health Blog | Panetta McGrath
by Alice Dormer
6M ago
Background Mr Dunne was first registered as a psychologist in 1992. In June 2015, a notification was made to the Health Ombudsman following an audit of Mr Dunne’s client files and an investigation of the matters raised in the notification was undertaken. Following the investigation, the Board restricted where Mr Dunne could practice and imposed supervision requirements. The day after these restrictions were imposed, Mr Dunne surrendered his registration as a psychologist. At the time of this decision, Mr Dunne had not practiced as a psychologist for four years. Allegations of professional misc ..read more
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Federal Court Healius Pathology Decision: A Warning Against Prohibited Benefits in Pathology Leases
Health Blog | Panetta McGrath
by David McMullen
6M ago
The case is a good illustration of the application of the key legislative provisions outlined in the Panetta McGrath factsheet available here  It serves as an important warning not only for pathology providers, but also landlords (a common example being owners of medical centres) who lease space to pathology providers. Similar considerations also apply to radiology leases. A case of inflated rents Under the Health Insurance Act 1973 (“Act”), prohibited benefits can arise in a number of different ways; though the Helius case concerned inflated rental – quite a typical type of prohibited be ..read more
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Better clarity on payroll tax obligations for dental practices in Western Australia
Health Blog | Panetta McGrath
by David McMullen
7M ago
Following on from David McMullen’s article Health Practices in WA: At Risk of unexpected payroll tax? This recent article published in the ADAWA Western Articulator will be of interest to all health practices who have practitioners working under an independent contractor or a facility and services agreement. This article written by David McMullen and Alice Dormer provides insights on: Payroll tax legislation in WA Remaining uncertainty for WA dental practices Interpretation of contractual arrangements The importance of good contracts Please click on the image below to download the article wh ..read more
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