Refusal of application to approve birth trauma settlement

Ghazi by her tutor Sfajalani v Western Sydney Local Health District trading as Auburn Hospital [2018] NSWSC 1743 is of interest as a refusal of an application for approval of a settlement for an infant. At [20] - [21]: I am aware that Ghina’s parents have expressed the not unreasonable and perfectly understandable view that …

Electroconvulsive treatment, capacity & human rights

With thanks to Associate Professor Tina Cockburn for drawing attention to PBU & NJE v Mental Health Tribunal [2018] VSC 564. PBU and NJE challenged orders of the Victorian Civil and Administrative Tribunal that they be compulsorily subjected to courses of electroconvulsive treatment (‘ECT’). The orders were made under the Mental Health Act 2014 (Vic) after VCAT …

Enrolled nurse: Beauty salons + injectable substances

Bechara v Nursing and Midwifery Council of New South Wales [2018] NSWCATOD 181 is of interest as it concerns an enrolled nurse operating a beauty salon. The Tribunal was required to consider an appeal brought by the nurse against suspension of her registration. Under a heading 'ancillary matters', the Tribunal commented as follows at [73] …

Fit and proper person to be registered as a medical practitioner

Reimers v Medical Council of New South Wales [2018] NSWCATOD 180 saw yet another application by Mr Reimers for his re-registration as a medical practitioner, some 18 years since he last practiced. Earlier applications included those for registration as a medical practitioner in Victoria in 2009 and in Queensland in 2010, each of which was …

Therapeutic goods advertising code

The Therapeutic Goods Advertising Code (the Code) ensures that the marketing and advertising of therapeutic goods is conducted in a manner that promotes the quality use of the product, is socially responsible and does not mislead or deceive the consumer. On 1 January 2019, the Therapeutic Goods Advertising Code (No. 2) 2018 will take effect. The previously …

Midwifery conduct decision: Djerriwarrh Health Services (Bacchus Marsh Hospital)

With thanks to Janine McIlwraith for pointing out what may be the first conduct decision following on from the enquiries on care issues at Djerriwarrh Health Services (Bacchus Marsh Hospital) in Victoria: Nursing and Midwifery Board of Australia v Macrae (Review and Regulation) [2018] VCAT 1707. The decision about the professional conduct of Ms Macrae related to conduct …

Abuse and neglect of vulnerable adults

The NSW Ombudsman published a report on 2 November 2018 entitled 'Abuse and neglect of vulnerable adults in NSW - the need for action'. The report makes three broad recommendations, including the establishment of an independent statutory body to investigate and take appropriate action in relation to the suspected abuse and neglect of vulnerable adults in …

NSW District Court: Online court system

Online Court is now available for use in the District Court Judicial Registrar's General List at Sydney. The service includes requests to seek case management orders (including, but not limited to, timetables for the preparation of the matter for trial, referral to mediation, adjournment, referral to the List Judge, and scheduling a listing date).

Dr Gayed inquiry report – Second extension

The Guardian newspaper has reported that the date for the report of the inquiry relating to Dr Emil Gayed under section 122 of the Health Services Act (NSW) has been further extended. It is now due by 31 January 2019. Separately the NSW Medical Council has appointed Ms Furness to undertake a review of the management of …

Access to medical records of deceased person

Forbes v Tang [2018] NSWDC 320 is a useful decision for its consideration of a pre-trial discovery application for access to the medical records of a deceased person. The defendant had declined a request for copy records by the claimant (widower of the deceased) on the basis that there was no applicable provision in the Health …