26 NOVEMBER 2012

JUDGMENTS New South Wales. Administrative Decisions Tribunal Black v Hunter New England Local Health District & Dr Lattimore (No 2) [2012] NSWADT 235 (12 November 2012) Mr Black (the applicant) sought review of a decision of the Hunter New England Local Health District (the agency) to refuse him access to information under the Government Information (Public Access) Act 2009 (NSW) (the GIPA Act). The information to which the agency refused access was contained in a mental health telephone triage report in relation to the applicant and a written report provided by Dr Lattimore to the mental health service of the agency. The decision was made on the basis that releasing the information was against public interest, however the agency did offer to grant conditional access to Dr Lattimore's report; the applicant could be given a verbal summary of the report by a mental health clinician of the agency. This was rejected by the applicant. The Tribunal considered that the objectives of the GIPA Act were to provide the public release of government information by agencies and to give members of the public a right to access this information. After careful consideration of the GIPA Act, the facts at hand and other materials provided by the parties, the Tribunal ordered that the applicant be granted access to some additional information but placed restrictions on releasing information such as the identity of a third party who did not wish to be identified and to provide access to some information in Dr Lattimore's report but not all. New South Wales. Administrative Decisions Tribunal Appeal Panel KT v Sydney Local Health District (GD) [2012] NSWADTAP 43 (31 October 2012) KT (the appellant), an employee of the Royal Prince Alfred Hospital, was injured in an altercation with a co- worker. Photographs were taken by the hospital security manager and the police. The co-worker was charged with assault but the charges were later dismissed.

DLA Piper 1 The appellant lost his job from the hospital following a disciplinary investigation in November 2008 and he then took action in the Industrial Relations Commission. The hospital filed material, which included three photographs of the appellant taken at the time of the assault. The appellant lodged an internal review with the hospital complaining about a breach of privacy. This complaint included that the photos were taken of him without his permission, they were misused and disclosed to third parties without his consent, he was refused access to his health and personal information and his request for access was ignored. The hospital maintained that, in these circumstances, his photographs fell in the category of "health information" and there was no breach of his privacy as he had consented to the taking of his photographs and the uses and disclosures later made of the information. The appellant sought a review from the Administrative Decisions Tribunal. The Tribunal agreed with the hospital's determination except for the fact that the hospital should have noted on his records that he had withdrawn his consent to the hospital's use of his health information. The appellant appealed the Tribunal's decision to the Appeal Panel. The Appeal Panel upheld the Tribunal's decision and dismissed the application. New South Wales. Medical Tribunal Barratt v Medical Board of Australia [2012] NSWMT 22 (9 November 2012) Medical practitioner - not fit and proper person - not able to practice competently and safely - insufficient recency of practice - appeal against decision of Medical Board of Australia's refusal to grant general registration - onus on proof of appeal - hearing de novo - costs follow the event. Health Care Complaints Commission v Hasil (No 2) [2012] NSWMT 21 (7 November 2012) Medical practitioner - finding of impairment - consideration of consequential or protective orders - finding that registration would have been cancelled if practitioner still registered - conditions imposed for review by Medical Council of New South Wales. New South Wales. Pharmacy Tribunal HCCC v Dhall [2012] NSWPHT 2 (20 November 2012) Pharmacist - unsatisfactory professional conduct - professional misconduct - dispensing prescribed medications - opioid analgesics in combination with other prescribed medications - potential for adverse additive effects - failure to contact prescriber - history suggestive of excessive, prescribed medication use - failure to correctly label dispensed medication (methadone) as instructed by prescriber - death of patient - Coroner’s finding as to cause of death - respiratory depression from “cocktail of drugs” of which methadone a primary constituent. New South Wales. Dental Tribunal HCCC v Phung (No. 3) [2012] NSWDT 4 (20 November 2012) Dentist - patient with work-related injury - failure to obtain specialist opinion - diagnosis - treatment plan - endodontic treatment - crown and bridgework - unsatisfactory professional misconduct - protective orders - conditions on registration including mentoring.

LEGISLATION Commonwealth Therapeutic Goods (Listing) Notice 2012 (No. 3) - F2012L02190 • as made National Health (Immunisation Program - Designated Vaccines) Variation Determination 2012 (No. 2) - F2012L02185 • as made Western Australia National Health Funding Pool Act 2012 (WA) No. 44 - assented to on 20 November 2012

DLA Piper 2 REPORTS Australia. Department of Health and Ageing Media releases 23 November 2012 - Social Inclusion Week Launched - Social Inclusion Week runs from 24 November until 2 December and is about connecting local communities, workmates, family and friends in order to build and strengthen relationships and networks. 22 November 2012 - Building Australia’s Health Workforce - More Medical Specialists - 150 new specialist training positions for doctors have been announced as part of the Australian Government’s $346 million commitment to better access to health specialists. 22 November 2012 - Expansion of Leading Medical Research Institute - Research into the causes and treatment of some of the most persistent and destructive diseases will benefit from the opening in Melbourne of a new seven-storey wing at the Walter and Eliza Hall Institute of Medical Research. 21 November 2012 - Guilford Young College Tackles Mental Health as Students Hit Exams - As Guilford Young College Year 11 and 12 students hit exam time, Federal Minister for Mental Health, Mark Butler took time out to catch up with students and talk about mental health issues. 21 November 2012 - Glenorchy Keeping People "On The Go" - Minister for Mental Health, Ageing and Social Inclusion, Mark Butler has visited an innovative local project in Glenorchy funded by the Australian Government to encourage healthy eating, physical activity and social inclusion. 21 November 2012 - Statement on Pricing of Chemotherapy Drug - The Government is committed to providing lifesaving drugs for cancer patients. 20 November 2012 - Report to Help Tackle Suicide in Rural and Remote Areas - A new report launched by the Minister for Mental Health, Mark Butler has found that rural and regional communities face unique challenges in preventing and recovering from suicide. 19 November 2012 - New Report Released for Post-Natal Depression Awareness Week - Further research into the economic impact of perinatal depression was launched on 19 November by Minister for Mental Health, Mark Butler as Post-Natal Depression Awareness Week activities kicked off around the country. 16 November 2012 - Therapeutic Goods Administration (TGA) Advances Reforms with New Advisory Council - The Australian Government has appointed a group of eminent health care professionals to strategically guide the TGA as it implements its blueprint for reform. 16 November 2012 - Medicine Subsidy for Sufferers of Chronic Nerve Pain - Around 270,000 Australians will benefit from a medicine used to treat chronic nerve pain, which will be listed on the Pharmaceutical Benefits Scheme (PBS). 16 November 2012 - Projects to Better Connect Health and Aged Care - Applications have been opened by Minister for Mental Health and Ageing, Mark Butler for more than $17 million in projects to better connect Australia’s aged care system with the health and hospitals systems. Private Health Insurance Circular PHI 73/12 Hospital Casemix Protocol Annual Report 2013 PBS Calendar is now available Australia. Office of the Australian Information Commissioner 14 November 2012 - Freedom of Information review decision: Autism Aspergers Advocacy Australia and the Department of Families, Housing, Community Services and Indigenous Affairs

DLA Piper 3 Australia. National Health and Medical Research Council (NHMRC) Research Tracker - 16 November 2012 Australian Drinking Water Guidelines: Chemical Fact Sheets, Boil Water Advisory Notice NHMRC Annual Report 2011-12 Implementing the 2010–12 NHMRC Strategic Plan 10 of the Best Research Projects 2012 Australia. HealthWorkforce Australia The November CEO update video is now live Health LEADS Australia, the Australian health leadership framework Australian Competition and Consumer Commission (ACCC) Media release 22 November 2012 - ACCC to not Oppose Acquisition by Nestlé of Pfizer Nutrition - The Australian Competition and Consumer Commission today announced that it would not oppose the proposed acquisition of Pfizer Nutrition, a global infant nutrition business, from Pfizer Inc by Nestlé S.A after accepting a court enforceable undertaking. Australian Commission on Safety and Quality in Health Care A4 National Safety and Quality Health Service Standards Poster Release of Safety and Quality Improvement Guides and Accreditation Workbooks - Release of finalised Safety and Quality Improvement Guides and Accreditation Workbooks for Hospital and Day Procedures. On the Radar – 19 November 2012 – Issue 106 (120KB) Australian Institute of Health and Welfare 23 November 2012 - Changes in life expectancy and disability in Australia 1998 to 2009 - media release 22 November 2012 - Trends in hospitalised childhood injury in Australia 1999-07 - media release 21 November 2012 - Health facts more accessible with new iPhone app - get the app (iTunes store) 21 November 2012 - Indigenous young people in the juvenile justice system - media release 20 November 2012 - Aboriginal and Torres Strait Islander identification in community services data collections: an updated data quality report Australian National Council on Drugs Of Substance - November 2012 Vol. 10 No. 3 Project update - November 2012 Australia. Therapeutic Goods Administration 23 November 2012 - Australian pharmacovigilance requirements and recommendations for medicine sponsors - This document sets out requirements and guidance for the reporting of adverse reactions and significant safety issues for both registered and listed medicines regulated by the TGA. 22 November 2012 - Advisory Committee on Medical Devices - Updated committee information. 22 November 2012 - Advisory Committee on the Safety of Medical Devices - Updated committee information.

DLA Piper 4 22 November 2012 - TGA warning about the correct use and purchase of wheat or grain-filled heat packs - The TGA is alerting consumers to the risk of burns that can result from the use of wheat or grain- filled heat packs (heat packs), after receiving reports of personal injury caused by overheating. 22 November 2012 - Consultation: draft compositional guidelines - Added draft compositional guideline for ubiquinol-10. 21 November 2012 - Medical officer jobs - The TGA is looking for medical officers to work in pre-market assessment or a post-market monitoring role. 21 November 2012 - Advisory Committee on the Safety of Vaccines (ACSOV) - ACSOV advises and makes recommendations to the Minister for Health and the TGA on the safety, risk assessment and risk management of vaccines. 21 November 2012 - Orphan drugs - Added to the list of designated orphan drugs: Adalimumab (HUMIRA) and Eculizumab (SOLIRIS). 19 November 2012 - Reasons for scheduling delegates' final decisions, November 2012 - Reasons for decisions by the Delegate of the Secretary to the Department of Health and Ageing for amendments to the Poisons Standard. Australian Health Practitioners Regulation Agency and the Boards 20 November 2012 - The Occupational Therapy Board of Australia releases its latest communiqué 20 November 2012 - The Medical Radiation Practice Board has released a communiqué regarding supervised practice for diagnostic radiographers and radiation therapists 19 November 2012 - The Dental Board releases its latest newsletter 19 November 2012 - The Medical Radiation Practice Board of Australia has published a template logbook for registrants to record their continuing professional development undertaken 16 November 2012 - The Nursing and Midwifery Board of Australia has today published the Siggins Miller report on the overview of health programs for nurses and midwives with health impairment New South Wales. Ministry of Health NSW Health Power of Innovation Symposium 2012 (video) Media releases 22 November 2012 - Getting on with the Job: Tender Awarded For Gulgong MPS 22 November 2012 - HPV Vaccination for Boys to Commence in NSW Thank A Paramedic Day Policy directives 22 November 2012 - Visiting Medical Officers - Remuneration Rates - PD2012_063 20 November 2012 - Maternity - Safer Sleeping Practices for Babies in NSW Public Health Organisations - PD2012_062 16 November 2012 - Environmental Cleaning Policy - PD2012_061 New South Wales. Health Care Complaints Commission Annual Report 2011-12 tabled in Parliament New South Wales. Cancer Institute The Cancer Institute NSW Annual Report 2012: the power of collaboration NSW Skin Cancer Prevention Strategy 2012-15

DLA Piper 5 Northern Territory. Department of Health Support for mums with post-natal depression - Families, friends and partners of new and expecting mothers are being urged to look out for signs of one of the most common health complications of pregnancy - depression. Australian Capital Territory. Health Directorate 22 November 2012 - Postnatal Depression Awareness Week 18-24 November - Help raise awareness and reduce the stigma of depression. Join us to walk for postnatal depression - 22 November 2012. 20 November 2012 - World First: HPV Vaccine Extended to Boys - The ACT Government partners with the Australian Government in the introduction of the HPV vaccine for Australian boys. Queensland. Department of Health Fourth report of the Chief Health Officer. The Health of Queenslanders 2012: Advancing Good Health Oral Health waiting list performance data available now Media releases New Medical Training Facilities Officially Open at Warwick - The first of Griffith University’s Darling Downs medical training and accommodation facilities opened today in Warwick, featuring a 60-chair seminar room, 24-bed hostel and a six-chair dental clinic. Swan’s Aged Care Win: Springborg Adopts Labor Policy "Lock Stock and Barrel" - Health Minister, Lawrence Springborg says plans of the former Labor Government will be exhumed to guarantee bipartisan support for the future of state-run aged care in Queensland. Queensland Health Supports Campaign to Stop Violence Against Women - Health Minister, Lawrence Springborg is encouraging Queenslanders to get involved in this year’s White Ribbon campaign and take a stand against domestic violence. Rudd’s Hospital Hypocrisy and Wayne Swan’s Wrecking Ball - Former Prime Minister, Kevin Rudd has been challenged to advance the future of hospitals by pledging to stop the wrecking ball of Commonwealth cuts aimed at Queensland Health by the Labor Party. Swan Puts the Bite on Queensland Cancer Patients - Health Minister, Lawrence Springborg has slammed Treasurer, Wayne Swan for trying to save the Federal Budget by ripping off Queensland cancer patients and public hospital funding. Government Supports Action for Skin Cancer Prevention - Health Minister, Lawrence Springborg is urging Queenslanders to think about their sun safety behaviours as this week marks National Skin Cancer Action Week. South Australia. Department of Health Blue Dot Status and Complex Patients Program (video) State-Wide Aboriginal Family Birthing Program (video) Media releases 21 November 2012 - Nominate South Australia’s Best Nurses and Midwives - Minister for Health and Ageing, John Hill is encouraging health workers, patients and their relatives to nominate the state’s best nurses and midwives for the 2013 South Australian Nursing and Midwifery Excellence Awards. 20 November 2012 - Record Number of Calls Answered During HealthChat

DLA Piper 6 Tasmania. Department of Health and Human Services 22 November 2012 - Shellfish Health Alert Extended - Rock Lobster and Abalone 22 November 2012 - Child Health Checks Available 19 November 2012 - Gavin Austin appointed THO-North West CEO Victoria. Department of Health Residential aged care services natural hazards ready resource 2012 Media releases Coalition sets sights on Royal Victorian Eye and Ear Hospital Redevelopment - Premier, Ted Baillieu today announced the full funding to proceed with the redevelopment of the Royal Victorian Eye and Ear Hospital. Victoria’s World Class Public Healthcare Leaders Honoured - Minister for Health, David Davis last night paid tribute to Victoria’s world class public health services for their outstanding leadership, innovation and patient care at the 2012 Victorian Public Healthcare Awards. Historic Milestone for Victoria’s Air Ambulances - Minister for Health, David Davis today paid tribute to Victoria’s air ambulance service that is celebrating 50 dedicated years of flying patients in critical life- threatening emergencies. More Grants to Support Victoria’s Culturally Diverse Seniors - Minister for Health and Ageing, David Davis today announced 43 organisations across Victoria that received grants from the first round of the new Participation for Culturally and Linguistically Diverse Seniors Grants Program. New Move to Promote Healthy Lifestyles Across Wodonga - The Victorian Coalition Government, City of Wodonga, Albury Wodonga Health and Gateway Community Health are joining forces to spearhead the biggest-ever push for healthier lifestyles in Wodonga. Numurkah Flood Recovery Continues with New Interim Urgent Care Centre - The township of Numurkah is continuing to recover from devastating floods earlier this year with a new interim Urgent Care Centre opening its doors to patients. Peninsula Scoops Mental Health Awards Pool - Peninsula Health has won both mental health categories in the prestigious 2012 Victorian Public Healthcare Awards. Victoria’s World-Class Public Healthcare Leaders Honoured - Minister for Health, David Davis last night paid tribute to Victoria’s world-class public health services for their outstanding leadership, innovation and patient care at the 2012 Victorian Public Healthcare Awards. Coalition Provides Pathways to Recovery for People with Mental Illness in the Bendigo Region - Providing education, employment and housing opportunities for people with a mental illness will be the focus of a new initiative in Bendigo and surrounding areas, Minister for Mental Health, Mary Wooldridge announced today. Hospital circular 22 November 2012 - Publication Number 23/2012 - Subject: Australian Government 2012-13 Aged Care Approvals Round - Victorian Public Sector Endorsement Process. Western Australia. Department of Health Media release 23 November 2012 - Minister for Health: Green Light for $9.5 Million Wiluna Health Clinic New Zealand. Ministry of Health 23 November 2012 - Hospital Events 2008/09 and 2009/10

DLA Piper 7 United Kingdom. Department of Health 22 November 2012 - Improving Health and Care: the Role of the Outcomes Frameworks - ‘Improving health and care: the role of the outcomes frameworks’ sets out how the 3 outcomes frameworks, Adult Social Care, the NHS and Public Health, work together to achieve the desired outcomes for the health and care system. 22 November 2012 - Department Publishes Adult Social Care Outcomes Framework 2013-14 - The Adult Social Care Outcomes Framework for 2013-14 has been launched by the Secretary of State. 21 November 2012 - Chief Medical Officer Publishes her First Annual Report - This first of two volumes of the Chief Medical Officer Professor, Dame Sally Davies’s annual report provides a comprehensive picture of England’s health. 20 November 2012 - Public Health Outcomes Framework Gets Technical Refresh - The technical refresh of the "Public Health Outcomes Framework", which is published today, is the fulfilment of the promise to continue improving the range and quality of information in the framework. United States of America. Department of Health and Human Services (HHS) 21 November 201 - Surgeon General: Thanksgiving is Family Health History Day - This Thanksgiving, as families gather for the traditional turkey dinner, they can also learn more about their family health history, said Surgeon General, Dr. Regina Benjamin, who notes that Thanksgiving 2012 is the nation’s ninth annual Family Health History Day. 20 November 2012 - Obama Administration Moves Forward to Implement Health Care Law, Ban Discrimination Against People with Pre-Existing Conditions - The Obama administration moved forward today to implement provisions in the health care law that would make it illegal for insurance companies to discriminate against people with pre-existing conditions. The provisions of the Affordable Care Act also would make it easier for consumers to compare health plans and employers to promote and encourage employee wellness. 20 November 2012 - Statement by HHS Secretary Kathleen Sebelius on Approval of Cell-Based Flu Vaccine - Today the US Food and Drug Administration approved the US's first cell-based vaccine, Flucelvax, to protect against seasonal influenza. This newly approved vaccine is a milestone in protecting Americans’ health during flu season and in future pandemics. Canada. Health Canada 19 November 2012 - Minister Aglukkaq Announces New Rules to Address Prescription Drug Abuse Australian Medical Association Medibank defence health contracts - update Submission: requirements for the supervision of medical pathology laboratories British Medical Association (BMA) 22 November 2012 - BMA Q&A: What Challenges Consultants? 22 November 2012 - The Challenge of Change 21 November 2012 - Liver Data Prompts Alcohol Pricing Demand 20 November 2012 - BMA Seeks Needle Injury Guidance 19 November 2012 - Online GP Records Threaten Patient Care Canadian Medical Association (CMA) Changes aplenty as CMA releases revised fitness-to-drive guide Conference on MD health: whither physician collegiality?

DLA Piper 8 American Medical Association Media releases November 13 2012 - American Medical Association Adopts New Policies on Final Day of Voting at Interim Meeting - The American Medical Association voted during its policy-making meeting to adopt the following new items to its health care agenda. November 13 2012 - American Medical Association Adopts New Policies During First Day of Voting at Interim Meeting - The American Medical Association voted during its policy-making meeting to adopt the following new items to its advocacy agendas in science, public health and legislation. November 13 2012 - American Medical Association Adopts Principles for Physician Employment - The American Medical Association adopted new guiding principles for physicians entering into employment and contractual arrangements.

ABOUT US Mark Williams Mark is a partner in our Litigation & Regulatory team.

Mark's focus is on public liability and professional indemnity insurance and associated litigation. He has particular experience with medical negligence claims and the complex insurance and indemnity arrangements prevalent in the resources, mining, building and construction industries.

Mark also acts for the regulators of the medical and other health professions.

Contact Details Tel: +61 8 6467 6015 [email protected]

DLA Piper 9 MORE INFORMATION Contact your nearest DLA Piper office:

BRISBANE Level 29, Waterfront Place 1 Eagle Street Brisbane QLD 4000 T +61 7 3246 4000 F +61 7 3229 4077 [email protected]

CANBERRA Level 3, 55 Wentworth Avenue Kingston ACT 2604 T +61 2 6201 8787 F +61 2 6230 7848 canberra@dlapiper.com

MELBOURNE Level 21, 140 William Street Melbourne NSW 3000 T +61 3 9274 5000 F +61 3 9274 5111 [email protected]

PERTH Level 31, Central Park 152–158 St Georges Terrace Perth WA 6000 T +61 8 6467 6000 F +61 8 6467 6001 [email protected]

SYDNEY Level 38, 201 Elizabeth Street Sydney NSW 2000 T +61 2 9286 8000 F +61 2 9286 4144 [email protected] www.dlapiper.com

DLA Piper is a global law firm operating through various separate and distinct legal entities.

For further information, please refer to www.dlapiper.com

Copyright © 2012 DLA Piper. All rights reserved.

If you would like to reproduce any of this publication, please contact Michael Regos on +61 3 9274 5437 or [email protected].

1201904680

DLA Piper 10