If you are a franchisor in Australia you will know that you must update your disclosure document every year to comply with the Franchising Code.

If you have a 30 June end of financial year then you should also know that it has to be completed by 31 October.

In May 2015, the Commonwealth Department of Health published a legislation discussion paper – “Electronic Health records and Healthcare Identifiers”.

Welcome to the September edition of the Holman Webb Health Law Bulletin.

This Health Law Bulletin includes articles on lessons learnt from the Quaker’s Hill Coronial Inquest, palliative care and euthanasia and advance care directives.

The law concerning advance care directives in Australia differs from State to State, with some jurisdictions requiring set forms and others relying upon the common law. This article discusses some of the key cases on advance care directives, including a summary of principles. 

The making of appropriate contemporaneous notes in medical records is best practice for clinical care, but also to facilitate the defence of a claim should an adverse event occur.

For practitioners, knowing what is classified as an adverse event, which must be notified to their professional indemnity insurer, is often difficult. Failing to notify of an adverse event could mean that the practitioner is not covered by their insurer for any claim arising out of the adverse event.

On 23 July 2015, the National Health and Medical Research Council (NHMRC), issued a Media Release opening public consultation on proposed draft revisions to the clinical practice section of: Ethical Guidelines on the Use of Assisted Reproductive Technology in Clinical Practice and Research, 2007 (‘ART Guideline’).11

Currently information available to consumers having cosmetic medical and surgical procedures (including botox injections) can be of variable accuracy and quality. Patients may be unaware of the various levels of qualifications and training required for different procedures.

The recently released Australian movie, “Last Cab to Darwin”, will generate conversations and recall the Northern Territory’s Rights of the Terminally Ill Act 1995.

A critical lesson from the Quakers Hill Nursing Home disaster is to conduct adequate pre-employment screening and check references on new employees.

These principles may also be applied to conducting adequate background checks and checking references on independent contractors such as agency staff, volunteers and potential residents.