Our quarterly publication will keep you up to date with news and developments in business, corporate and commercial law.
Our legal experts will keep you up to date on all relevant and current developments.
Our quarterly publication will keep you up to date with news and developments in business, corporate and commercial law.
Welcome to the February 2015 edition of the Holman Webb Health Law Bulletin.
The West Australian Court of Appeal has recently handed down its decision in the case of Dekker v Medical Board of Australia commenting upon the obligation of a medical practitioner to act as a good Samaritan.
Click here to read the latest cases in Health Law - The High Court has recently decided that a hospital is not liable for violent acts of a discharged mental health patient. In addition, another case explains why hospitals should keep health care records relevant to a particular patient.
It is well-established that an individual’s consent is always required before treatment is rendered. In the absence of obtaining the individual’s consent, the treating practitioner may be held liable for trespass to person, assault or battery (1).
An Options Paper released by the Department of Social Services last month confirms the government’s intention to abolish the Australian Charities and Not-for-profits Commission (ACNC), returning some of the regulatory functions to the ATO and ASIC and supporting a self-reporting public accountability framework. The submission period for comments on the July Options Paper (1), closed on 20 August 2014.
Many organisations in the health, aged care and life sciences sector have funding agreements with the Commonwealth. Reduction of funding, non-renewal or termination of the agreement is a risk that needs to be managed. While this article focuses on the Commonwealth’s decision to transition from Medicare Locals to Primary Health Networks, the legal issues remain relevant to all organisations with significant funding from the Commonwealth.
If a researcher, health and medical research institute, pharmaceutical, medical device and/or biotechnology company wishes to become involved in clinical trials and/or health and medical research in Australia, they should be aware of the legislative, regulatory and policy framework, noting that not all health and medical research is a clinical trial.
Big data is a term used to describe the exponential growth and availability of data, both structured and unstructured (1). In terms of health care, big data represents all of the data which has been collected on relevant multiple databases. Click here to read more.
Next year is likely to see some significant steps forward for the national ehealth system following the release of the report of the review of the Personally Controlled Electronic Health Record (PCEHR) by the Commonwealth Minister for Health in May. (1) The review undertaken over 6 weeks in late 2013, and headed by Richard Royle, Executive Director of UnitingCare Health (Qld), made 38 recommendations.