This Health Law Bulletin discusses issues such as:

• Corporate and Clinical Governance for the health and aged care sectors;
• Aged care quality reforms;
• Exclusion zones for reproductive health facilities;
• Recent cases such as Sparks v Hobson, Gray v Hobson [2018] NSWCA 29; and
• Updates to the National police check application process.

On 12 February 2018, the NSW Government released the report of former NSW Supreme Court Judge Patricia Bergin, SC  into the fundraising activities of RSL NSW, RSL Welfare and Benevolent Institution and RSL LifeCare.

On 22 November 2017, the Victorian Government became the first State in Australia to pass voluntary assisted dying legislation which is due to commence in 2019.

The Australian Government announced on 13 October 2017 a wide ranging package of reforms to make private health insurance simpler and more affordable for Australians.

Mandatory data breach notification under the Privacy Act 1988 (Cth), applies to the Commonwealth public sector and the private sector including organisations which hold health information and provide a health service (which is broadly defined). The mandatory breach notification requirements commenced on 22 February 2018.

The Federal Court handed down a decision in Regis Aged Care Pty Limited v Secretary, Department of Health [2018] on 2 March 2018, confirming that the Aged Care Act 1997 (Cth) (Act) disallows approved providers from levying an “Asset Replacement Charge” on aged care residents.

The Full Bench of the Fair Work Commission (FWC) ruled in January 2017 that the abandonment of employment clauses in six modern awards are not terms which are permitted or required to be included in modern awards under the Fair Work Act 2009 (Cth) (Act) and must be removed.

Boguslaw Bienias v Iplex Pipelines Australia Pty Ltd [2017] FWCFB 38

The Fair Work Commission (FWC) has handed down a number of recent decisions which may provide increased access to unfair dismissal claims by employees engaged on a casual basis, particularly those employees engaged in the labour hire industry.

We are pleased to announce our sector focussed leading lawyers have been recognised in the 2019 Best Lawyers in Australia list as published in the Australian Financial Review.

This Health Law Alert discusses issues such as:

• Mandatory Data Breach Notification has commenced! Do you have a Data Breach Response Plan?
• Corporate Governance Update for Not-for-profit Health and Aged Care providers
• Voluntary Assisted Dying Laws Passed in Victoria
• Private Health Insurance Reform – how will it affect you?
• What Approved Providers can and cannot charge under the Aged Care Act - Regis Aged Care Pty Limited v Secretary, Department of Health [2018] FCA 177; Regis Aged Care Pty Limited v Secretary, Department of Health (No 2) [2018] FCA 454
• Unfair Dismissal Update – casual and labour hire employees
• More...