Alison Choy Flannigan, Health, Aged Care & Life Sciences Partner, speaks to Lawyers Weekly about how lawyers in the healthcare and pharmaceutical sectors need to keep abreast of rapid technological developments, regulatory changes and consumer demands.

The New South Wales Attorney-General has asked the NSW Law Reform Commission to review and report on the desirability of making changes to the Guardianship Act 1987 (NSW) (Act). On 28 February 2017 Question Papers 4, 5 and 6 were released for comment. Submissions close on 12 May 2017.

1. Introduction

The Australian Law Reform Commission (ALRC) published a discussion paper on Elder Abuse in December 2016. The ALRC has been asked to consider existing Commonwealth laws and frameworks which seek to safeguard and protect older persons from misuse or abuse by formal and informal carers, supporters, representatives and others, and to examine the interaction and relationship of these laws with state and territory laws. Submissions closed on 27 February 2017.

A number of proposals were made which will affect health and aged care providers. Please find below a summary of our submission.

CCTV, videos and photos in health, aged care and retirement living and disability is becoming more of an issue following the increase in the use of social media and disturbing media reports of a “secret camera” capturing the alleged abuse of an elderly man in an Adelaide nursing home in July 2016.

Recent media attention concerning the privacy breach by the Australian Red Cross Blood Service highlights privacy and cybersecurity risks with health information.

Domino’s Pizza Enterprises Ltd (Domino’s) has recently paid $18,000 to the ACCC in relation to two alleged breaches of the Franchising Code of Conduct (the Code). According to the ACCC, this represents the first ‘penalty’ for an alleged breach of the Code since it was revamped in 2015.

A new version of the Code of Conduct came into effect on 18 April 2017.  Members are reminded to update the links on websites and other electronic communications to remain compliant with Clause 11.4 of the Code.

We are delighted to announce that the Holman Webb Health Law Bulletin May 2017 edition has been published.

The New South Wales Court of Appeal in Fairall v Hobbs[1] recently overturned a decision of a trial judge in favour of a plaintiff who was thrown from his ‘traffic trained’ horse named Buck, and against the CTP insurer of a motorist who passed the plaintiff riding Buck on the opposite side of the road, which allegedly caused Buck to ‘buck’ causing the plaintiff to dislodge from Buck and fall onto the concrete kerb and gutter, suffering personal injuries. MACA, is the Motor Accidents Compensation Act 1999 (NSW), which the trial judge found was applicable to the plaintiff’s injuries.

If you store personal information of any kind you have strict obligations under the Privacy Act not to disclosure that information to third parties. Systems, however, can be breached.