Failure to make timely section 141 mandatory report

Health Care Complaints Commission v Slowiaczek [2019] NSWCATOD 99 addressed a number of conduct complaints, but of particular interest is the allegation that the practitioner failed to make a notification pursuant to section 141 of the National Law as soon as practicable when Patient A disclosed to the practitioner that she had been in a sexual relationship …

Determining suicide under Australian law

This article examines the approach taken by Australian coroners to interpreting the law relating to suicide, and to applying it in practice. The study involved semi-structured interviews with Australian coroners in five states and two territories. The key finding is that coroners vary considerably in their approach to what constitutes a suicide, the circumstances that may …

National security, pseudonyms & open justice

Person “A” wished to bring relatively straightforward claims for damages for alleged breach of contract, unconscionable conduct and personal injury. The interlocutory issue as to the use of a pseudonym is not unusual, except that the application for the plaintiff to use a pseudonym was made by the defendant: Person “A” v The Commonwealth [2019] …

Claimant’s refusal to attend for updated medical assessment

Pyman v Whitefriars College Inc [2019] VSC 361 addressed the defendant's application for a stay of proceedings, brought on the basis that the plaintiff refused to attend an appointment with a psychiatrist for an updated assessment shortly before trial. The plaintiff accepted that the defendant’s request was reasonable (at [13]) but argued that the plaintiff's …

Voluntary Assisted Dying Board

With the commencement of the Voluntary Assisted Dying Act 2017 (Vic) today, a Board has been appointed to review and monitor voluntary assisted dying activities in Victoria. The Board members are listed online. Its responsibilities include: promoting and ensuring compliance with the Voluntary Assisted Dying Act 2017 reporting to Parliament and referring any potential issues or …

Expert evidence complaints: HCCC NSW

An article by Robertson, Clark & Davoren (ABC news) suggests that the Health Care Complaints Commission (NSW) has said that it does not have the power to investigate complaints about medical practitioners providing reports, in the context of Family Court proceedings. The article states: In the case of the Sydney psychiatrist, up to a dozen parents …

Notice to produce: Facebook records

Gavan v FSS Trustee Corporation [2019] NSWSC 667 arose in the context of a TPD insurance claim. The interlocutory decision considered an application to be excused from compliance with a Notice to Produce for: 1.   A copy of this Notice to Produce and the notice and declaration completed by you. 2.   All ‘Records’ from your Facebook account, …