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What happens when data is breached?

In February 2017, Federal Parliament passed the Privacy Amendment (Notifiable Data Breaches) Act 2017, and a year later – in February 2018 – the Notifiable Data Breaches Scheme (NDBS) came into effect. 
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Comments invited by OAIC on draft resources re notifiable data breaches

On 22 February 2018 the scheme requiring notifiable data breaches (NDB) will come into effect.
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Failure to establish suicide attempt was related to discharge advice

The Court of Appeal upheld the trial judge’s decision that the plaintiff ‘s claim failed as he failed to establish that the advice provided on discharge for a period of leave, or the lack thereof, was causally related to his subsequent attempt to commit suicide and consequential hypoxic brain injury.
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Hicksons 2017 Health Law Forum Wrap Up

On 15 March 2017 we were delighted to host our annual Health Law Forum. The Forum is designed to provide those working in the health care sector with a series of presentations from eminent speakers that address both legal issues and challenges facing the health sector generally.
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Doctors expression of concern regarding school hearing tests not defamatory

A recent decision in the Supreme Court was required to consider whether a paediatrician and health service, being vicariously liable for the paediatrician, had defamed a director of a company or engaged in misleading and deceptive conduct.
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Is involvement in a research project by a medical practitioner professional conduct?

A recent decision of the ACT Civil and Administrative Tribunal considered whether a medical practitioner’s involvement in a research project constituted professional conduct and if so, whether his conduct amounted to professional misconduct.
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Patient fails in appeal dealing with failure to warn

A recent decision of the NSW Court of Appeal considered issues in relation to a doctor’s duty to warn patients of risks associated with treatment.
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No Snooping

The Medical Board of Australia v S [2016] QCAT 158
  • 15 Aug 2016

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Court grants application for a 12 year old girl to undergo a termination

A recent decision of the Supreme Court of Queensland considered issues of a child’s capacity to give consent to medical treatment and whether abortion is a criminal offence.
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Translation is at best an echo

A recent decision of the NSW Court of Appeal considers issues of consent and the use of interpreters in circumstances where medical advice is conveyed to non-English speaking patients.
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Victorian Government’s position paper in relation to advance care plans

The Victorian Government have released a position paper entitled ‘Simplifying medical treatment decision making and advance care planning’ in response to its commitment to give statutory recognition to advance care directives. 
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A claim by a Gynaecologist and Obstetrician against a Private Hospital

This Supreme Court decision relates to a claim by a Gynaecologist and Obstetrician against a private hospital for contribution to damages arising out of the death of a patient following an elective hysterectomy.
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Medical practitioner was recently found guilty of Professional Misconduct

A medical practitioner was recently found guilty of professional misconduct in relation to his assessment of a patient in an emergency department on one occasion, his prescription of schedule 4 drugs and his relationship with her during a subsequent 3 week period.
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Changes to review of GIPA Act decisions and privacy matters

The NSW Civil & Administrative Tribunal recently announced changes to the review of The Government Information (Public Access) Act 2009 decisions and privacy matters.
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