Transcript – Sparks v Hobson application

The transcript of the oral argument in the Sparks v Hobson [2018] HCATrans 191 leave application is now available. As previously noted, the outcome was: In our opinion, given the conduct of the proceedings below, the application is not a suitable vehicle in which to consider the issues of construction that are raised. Special leave …

ICAC: Psychologist qualifications falsified

ICAC (NSW) reports are not a common place for health law news, however a report published this week included a finding that a person engaged in serious corrupt conduct, between at least 2006 and 2016, by improperly exercising her official functions by falsely representing herself to be a qualified psychologist with a PhD in psychology, …

NDIS: Autism and after school support

LJJY and National Disability Insurance Agency [2018] AATA 3506 saw the father of a child with autism seek review of an NDIS plan, arguing that the support requested requested involves therapy, as well as supervision, for the child after school. The NDIA argued that the requested support was essentially child minding. The Tribunal did not agree …

Knee arthroscopy rates

A thoughtful piece in The Conversation this week: Needless procedures: knee arthroscopy is one of the most common but least effective surgeries. 

Special leave application refused: Sparks v Hobson

Today the High Court considered the special leave application by Dr Hobson, arising from the NSW Court of Appeal decision in Sparks v Hobson; Gray v Hobson [2018] NSWCA 29. With thanks to Felicity Evans for reporting that the special leave application was refused, on the basis that the matter was not a suitable vehicle to …

New book: Ethics, Conflict and Medical Treatment for Children

Dominic Wilkinson and Julian Savulescu have released a new book, published by Elsevier. The new book critically examines the core ethical questions at the heart of disputes about medical treatment for children. The contents review prominent cases of disagreement from the UK (including the Charlie Gard case) and internationally and analyse some of the distinctive …

Accessing assisted dying in Victoria

Published on the Sydney Health Law Blog is an excellent and comprehensive article entitled Accessing assisted dying in Victoria: how will it happen, exactly?, written by Roger Magnusson. The Act comes into force on 19 June 2019.

Pregnant 17 year old — Declaration sought by hospital authorising doctors to administer blood products to save her life or prevent serious injury during child birth

Mercy Hospitals Victoria v D1 & Anor [2018] VSC 519 came before the court as the first defendant (D1) is a 17 year old woman who is 38 weeks pregnant. She consented to induction of labour to take place at a hospital operated by the plaintiff, Mercy Hospitals Victoria Ltd (the hospital). She has also consented …

Colonoscopy Clinical Care Standard

The Australian Commission on Safety and Quality in Health Care has announced that the new Colonoscopy Clinical Care Standard will be launched today. The clinical care standard gives guidance to clinicians, health services and consumers about appropriate care, such as bowel preparation, sedation, the colonoscopy and recovery. It clarifies appropriate use of the procedure based …

Audit on safety and quality for privately practising midwives

The Safety and quality guidelines for privately practising midwives (the guidelines) were published by the Nursing and Midwifery Board of Australia on 1 February 2016 and came into effect for all privately practising midwives on 1 January 2017. Privately practising midwives need to meet the guidelines in order to be exempt from holding professional indemnity insurance for …