Beauty salon treatment resulting in facial skin depigmentation

Jiang v BCDS International P/L t/as Serendipity Miss Beauty [2019] NSWDC 578,  available on Caselaw, saw a claim in respect of non-invasive skin treatment in a beauty salon resulting in facial skin depigmentation and dimpling – whether due to inherent risk or negligence. There was a verdict for the plaintiff with damages assessed. The reasons …

FGM statutory interpretation: High Court outcome

Yesterday the High Court of Australia allowed three appeals from a decision of the NSW Court of Criminal Appeal (NSW CCA) regarding the correct interpretation of section 45 of the Crimes Act 1900 (NSW), concerning female genital mutilation. See The Queen v A2; The Queen v Magennis; The Queen v Vaziri [2019] HCA 35, available …

Claim for compensation for wrongful conviction and unlawful detention

The plaintiff (Eastman) sought compensation from the defendant (the Australian Capital Territory) under ss 18(7) and 23 of the Human Rights Act 2004 (ACT) in respect of his conviction and imprisonment for murder. Eastman v The Australian Capital Territory [2019] ACTSC 280 (available on the Court's website) saw Justice Elkaim set out his reasons for a verdict …

Guide to health privacy

A comprehensive Guide to health privacy has been released by the Office of the Australian Information Commissioner (OAIC) to help keep patients’ personal information safe. Australian Information Commissioner and Privacy Commissioner Angelene Falk said the  guide brings together a wide range of OAIC advice for all health service providers covered by the Privacy Act 1988. The Guide features an eight-step …

Refusal to undergo assessment; fitness to practice.

An unusual set of circumstances in Health Care Complaints Commission v Windsor [2019] NSWCATOD 149 (available on Caselaw) saw the Tribunal cancel the registration of a general practitioner, who had initially attended for an interview with her husband / practice manager. The interview followed a complaint to the Commission which made a number of allegations …

Conduct & Permanent prohibition order: Naturopath

The NSW Health Care Complaints Commission conducted an investigation into the professional conduct of Mrs Barbara O’Neill, an unregistered practitioner who provided services as a naturopath, nutritionist and health educator. Complaints received by the Commission alleged that Mrs O’Neill made dubious and dangerous health claims that are not evidence based or supported by mainstream medicine, regarding: …