13 AUGUST 2012

JUDGMENTS Victoria. Coroners Court of Victoria 071109 Joan Ambrose (PDF 1MB) The inquest into the death of Joan Ambrose was to determine if Noble Manor, the aged care facility of which Mrs Ambrose was a resident, had contributed to her death. Joan Ambrose died on 7 February 2009. On the day in question Joan Ambrose wandered outside into a secure courtyard. She was found three hours later. The State of Victoria was suffering from an extreme heat wave at the time and State and Federal Agencies as well as the Premier of Victoria had issued warnings and advice to aged care facilities regarding resident care. These included monitoring the whereabouts of residents, especially if they had access to outdoor areas such as courtyards. The Coroner considered the issues surrounding the door through which Mrs Ambrose exited and the new staffing arrangement which had been implemented that day. At the time of Mrs Ambrose's death all doors were locked from the outside and couldn't be opened unless someone gave access from inside. New staffing arrangements which came into place on 7 February saw only three, instead of three, personal care assistants on duty between 1 and 3 pm. The Coroner found that Mrs Ambrose died as a result of ischaemic heart disease and heat exposure in a setting of underlying cerebro-vascular disease following her exit into the courtyard. The Coroner also found that failure to make appropriate plans to protect residents and the change to staffing arrangements contributed to Mrs Ambrose's death. The Coroner recommended that aged care facilities be required to have emergency management plans to control exit/entry points to prevent the unsupervised departure of residents during heat waves and to include appropriate staffing levels in the plans. REPORTS Australia. Department of Health & Ageing Media releases

 9 August 2012 - New appointments to Cancer Australia’s Advisory Council - Three new members have been appointed to the Cancer Australia Advisory Council, along with the reappointment of five current members.

 9 August 2012 - Students to Learn Mental Health Crisis Signs - Minister for Mental Health, Mark Butler and Member for Grayndler, today launched the new R U OK? at School program to raise awareness of mental health issues.

 8 August 2012 - First Sod Turned on New Hospital for Eastern Perth - Australian Health Minister, joined Senator Glenn Sterle and Western Australian Deputy Premier, Kim Hames to turn the first sod of a new $360 million hospital campus in Perth.

 8 August 2012 - Minister welcomes How Australia is faring report - Minister for Social Inclusion, Mark Butler says the Australian Social Inclusion Board’s 2012 How Australia is faring report tells a compelling story about our progress as a nation.

 Asbestos - A guide for householders and the general public - Frequently asked questions

 7 August 2012 - NSW Organ and Tissue Donation Register Changes Welcomed - People in New South Wales will now register for organ donation through a single national register thanks to the decision to decommission the New South Wales register.

 7 August 2012 - Partners in Recovery Program Moves Closer - Minister for Mental Health, Mark Butler has released funding guidelines for the Federal Government’s $549.8 million mental health program Partners in Recovery.

 5 August 2012 - Patients Beware: Drug Companies Increase Prices for Some Brands of Medicines - Patients should shop around for their brand of medicine following price increases imposed by pharmaceutical companies on 85 brands of medicines listed on the Pharmaceutical Benefits Scheme (PBS).

 3 August 2012 - National Aged Care Conference Goes Live - Industry experts and advocates will descend on Adelaide to talk all things ageing at the 2012 National Aged Care Conference.

 3 August 2012 - Mates to Drive Suicide Prevention on Construction Sites - Minister for Mental Health, Mark Butler announced a $5.24 million national suicide prevention program, Mates in Construction, at a construction industry conference in .

Australian Human Rights Commission A human rights approach for ageing and health - Respect and choice: home-based and residential care for older people - Australia is experiencing a demographic shift with life expectancy 25 years longer than it was a century ago. We are seeing an increase in the size of the older population in Australia as a result. This lengthened life expectancy is to be celebrated. But it comes with challenges, with a substantial impact on Australia’s health system and the aged care sector. In April 2012, the Federal Government released its aged care reform agenda. This was in response to the Productivity Commission’s inquiry into aged care services in Australia. This position paper outlines a human rights approach for the implementation of the aged care reforms. Australia. Private Health Insurance Administration Council (PHIAC) Review of Solvency and Capital Adequacy Standards - 02 August 2012 - PHIAC Reviews Solvency and Capital Adequacy Standards Australia. Department of Finance & Deregulation. Office of Best Practice Regulation 3 August 2012 - Outsourcing Standard for Private Health Insurers – Regulation Impact Statement – Private Health Insurance Administration Council - On 9 July 2012, PHIAC made the Private Health Insurance (Insurer Obligations) Amendment Rule 2012 (No.1) to establish minimum best practice requirements for outsourcing arrangements for registered private health insurers. Outsourcing is common practice in the private health insurance industry with significant functions being performed by third parties and entities within insurers’ corporate groups. This can create problems including posing a risk to consumers if their private health insurer enters into a risky outsourcing arrangement. The new outsourcing requirements sets out the arrangements that private health insurers will need to comply with in relation to the selection, engagement and monitoring of outsourcing and the associated risk management practices. A Regulation Impact Statement was prepared by PHIAC and has been assessed as adequate by the Office of Best Practice Regulation. Outsourcing Standard for Private Health Insurers RIS - Outsourcing Standard for Private Health Insurers RIS Australian Health Practitioner Regulation Agency (AHPRA) & the Boards 9 August 2012 - The Chinese Medicine Board of Australia releases its latest Communiqué. | Read Article 8 August 2012 - National Boards release quarterly registration data. | Read Article 6 August 2012 - The AHPRA business plan and service charter are now available. | Read Article 3 August 2012 - The Optometry Board of Australia releases its latest Communiqué. | Read Article 3 August 2012 - The Pharmacy Board has released its updated Code of Conduct after consultation. | Read Article 3 August 2012 - The Pharmacy Board of Australia releases its latest Communiqué. | Read Article 3 August 2012 - The Podiatry Board of Australia releases its latest Communiqué. | Read Article 2 August 2012 - The Osteopathy Board of Australia releases its latest Communiqué. | Read Article Australian Commission on Safety & Quality in Health Care On the Radar – 6 August 2012 – Issue 91 (88KB) Australian Institute of Health & Welfare 10 August 2012 - Juvenile justice in Australia 2010-11: an overview - media release 9 August 2012 - National Community Services Data Dictionary, version 7, 2012 8 August 2012 - Alcohol and Other Drug Treatment Services National Minimum Data Set 2012-13: specifications and collection manual 6 August 2012 - National social housing survey: state and territory results 2010 Australia. National Health & Medical Research Council 6 August 2012 - $7.4 Million for Three Mental Health Research Centres 6 August 2012 - $7.5 Million for Three Indigenous Health Research Centres Australia. Therapeutic Goods Administration (TGA) 8 August 2012 - Business rules for reduced assessment fees for IVDs - Version 1.1 released. 7 August 2012 - The Poisons Standard (the SUSMP) - Updated information. 7 August 2012 - Advisory Committee on Non-prescription Medicines (ACNM) - Cancellation of ACNM meeting of 6 September 2012. 6 August 2012 - Health Essentials Australia Pty Ltd (Complaint No. 2010-10-016) - Decision in relation to an advertisement about the product "Happy Feet Detox Patches". 6 August 2012 - Malouf Industries Pty Ltd (Complaint No. 2010-04-022) - Decision in relation to an advertisement about the product "AcuScen". 6 August 2012 - TGA prescription medicines SSP newsletter - The TGA would like to inform stakeholders about the reassessment of the TGA prescriptions medicines SSP newsletter. 6 August 2012 - LaCorium Health Australia Pty Ltd (Complaint No. 2010-09-012) - Decision in relation to an advertisement about the product "Crampeze Night Cramps". 6 August 2012 - Reckitt Benckiser (Australia) Pty Ltd (Complaint No. 2011/06/001) - Decision in relation to an advertisement about the product "Nurofen". 3 August 2012 - Interpreting information on the Database of Adverse Event Notifications - TGA is concerned by a media story that may mislead consumers and could potentially discourage them from receiving influenza vaccinations. 3 August 2012 - The TGA decision to ban DMAA - The TGA has banned the use of the chemical 1,3-dimethylamylamine (DMAA). 3 August 2012 - New ingredient names available for metal amino acid chelates - Updated information. 3 August 2012 - Documents released under Section 11C of the Freedom of Information Act 1982 (Cth) - Added FOI 356-1112; 351-1112 and 305-1112 documents. 3 August 2012 - Contacts for state/territory drugs & poisons units - Updated NSW contact information. 2 August 2012 - What the TGA doesn't do - Updated information. 2 August 2012 - TGA medicine labelling and packaging review - Submissions received. Australian Competition & Consumer Commission (ACCC) ACCC calls for comment on Sonic Healthcare's proposed acquisition Australia. Private Health Insurance Ombudsman 1 August 2012 - Dental and Oral Surgery factsheet - Read More Australian Capital Territory. Department of Health 8 August 2012 - Food Safety Supervisors in the ACT - We are seeking your feedback to the discussion paper on the implementation of food safety supervisors in the ACT. New South Wales. Ministry of Health Media releases

 8 August 2012 - Cold weather places vulnerable at risk

 8 August 2012 - Work Set to Start on Armidale Cancer and Ambulatory Care Services

 7 August 2012 - Increasing Organ Donation in NSW: Government Plan 2012

Policy directive 2 August 2012 - Staff Specialist Rights of Private Practice Arrangements - Medical Indemnity - PD2012_044 Information bulletins 8 August 2012 - Junior Medical Officer - Clinical Year and Term Dates 2012 - 2017 - IB2012_027 8 August 2012 - National Health and Medical Research Council Research Staff Salary Rates 1 January 2012 - IB2012_026 2 August 2012 - Public Health Service Employees Skilled Trades (State) Award - New Rates of Pay and New Allowances - IB2012_025 New South Wales. Health Statistics New South Wales 7 August 2012 - Obesity 7 August 2012 - Preterm births by Country of Birth 7 August 2012 - Antenatal care by Country of Birth 7 August 2012 - Kids Hospitalisations 7 August 2012 - Kids Deaths 4 July 2012 - Aboriginal population by Local Health District Queensland. Department of Health Media release

 5 August 2012 - The Future Of Breastscreen Qld is assured

South Australia. Department of Health Media releases

 9 August 2012 - Positive patient experience in SA's country hospitals

 3 August 2012 - Modbury hospital redevelopment set to start

 3 August 2012 - Adelaide wins major e-health conference

Tasmania. Department of Health & Human Services 6 August 2012 - Tasmanian Homelessness Charter 2 August 2012 - Seeking members for Lead Clinicians Group Victoria. Department of Health Media releases

 8 August 2012 - New youth mental health service opens on Peninsula - Victoria's first prevention and recovery service specifically for young people experiencing mental health issues was officially opened in Frankston today by Minister for Mental Health, Mary Wooldridge.

 7 August 2012 - Coalition delivers on pledge to boost oral health in regional Victoria - A new mobile dental check-up and oral health promotion service will hit the road on a regional road trip bringing vital dental care closer to home for rural Victorians.

AIMS 2012-13 Schedule for submission of data collections 3 August 2012 - Hospital Circular - Publication Number 17/ 2012 - Subject: To advise a change in funding intention and the associated required accounting treatment of certain grants. Western Australia. Department of Health Media releases

 8 August 2012 - Minister for Mental Health: Alcohol and other drug workers recognised

 8 August 2012 - Minister for Health: Building starts on Midland Health Campus

 6 August 2012 - Minister for Mental Health: Alcohol and drugs can lead to regrets

WA Health Performance Report – April to June 2012 Quarter (PDF 1.4MB) Healthview Winter 2012 7 August 2012 - OD 0384/12 - Code Black Alpha (Infant/Child Abduction) - This Directive aims to standardise code usage across Western Australian hospitals with regards to an abduction of an infant or child. Western Australia. Health & Disability Services Complaints Office Section 45 Final Report Albany Hospital (PDF 640KB) New Zealand. Ministry of Health 10 August 2012 - Preventing and Minimising Gambling Harm: Consultation document - The Ministry of Health has released a consultation document on the services it proposes to purchase to prevent and minimise gambling harm in the three-year period from 1 July 2013 to 30 June 2016. 9 August 2012 - Immunisation: Making a choice for your children - Information for parents and others about how children and young people were affected by the measles outbreak in 2011. 9 August 2012 - Protecting Children with Cancer from Measles - Information for parents and others about how children and young people with cancer were affected by the measles outbreak in 2011. 7 August 2012 - Problem Gambling in New Zealand: Preliminary Results from the New Zealand Health Survey - This report includes preliminary findings on gambling in New Zealand based on nine months of data collection from the New Zealand Health Survey (July 2011 to March 2012). 6 August 2012 - Food and Nutrition Guidelines for Healthy Children and Young People (Aged 2–18 years): A background paper - This background paper provides evidence-based technical information and best practice recommendations on nutrition and physical activity for health practitioners working with children and young people. United Kingdom. Department of Health New online tool to search and compare local care providers - A new tool allowing users to search and compare any Care Quality Commission registered home care, residential or nursing home provider is now available online at National Health Service Choices. Canada. Health Canada 3 August 2012 - Updated Allergen Labelling Rules Now in Effect - Providing Families More Accurate Information About the Food They Eat 3 August 2012 - Harper Government Working With Ontario First Nations to Address Prescription Drug Abuse Australian Medical Association (AMA) 10 August 2012 - AMA Position Statement on Access to Medical Care for Older Australians - The AMA has developed a new Position Statement on Access to Medical Care for Older Australians, which highlights medical care as an integral component of comprehensive quality aged care. 10 August 2012 - Aged Care Medical Workforce is Ageing - An AMA survey of medical professionals working in the aged care sector has found that the aged care medical workforce is ageing and that more than 15% are intending to reduce their aged care visits over the next two years. 9 August 2012 - Comprehensive plan needed to attract doctors to live and work in the bush for the long term - The AMA welcomes the release this week of the research, Getting Doctors into the Bush: GPs Preferences for Rural Location, which investigated the types of incentives and compensation needed to entice GPs to shift to rural locations. 9 August 2012 - Submission: TGA consultation on labelling and packaging of medicines - The AMA supports the recommendations made in the TGA's consultation paper to improve consumer safety and reduce risks. Additional measures to further strengthen the recommendations were made in the submission. 8 August 2012 - Submission: National Health Performance Authority (NHPA) Strategic Plan 2012-2015 - The AMA has a strong and direct interest in performance of the health system. It proposes that NHPA's Strategic Plan should more explicitly focus on how NHPA will work with its stakeholders. This should include implementing a process to provide comparative information to "source" health care organsiations prior to public release, and minimising the cost of data collection and reporting. The Strategic Plan should include broad timeframes and bring forward work on teaching, training and research,and waiting lists for elective surgery. Performance monitoring should also focus on key on the ground issues related to capacity, access and sustainable delivery of services. 8 August 2012 - Access to Medical Care for Older Australians - 2012 - AMA Position Statement: Access to Medicare for Older Australians. e-dit: Issue 94 6 August 2012 - Medical care missing from aged care reform debate - AMA President, Dr Steve Hambleton said today that proposed aged care reforms will not deliver their desired outcomes because the Federal Government and key stakeholders are not placing a high enough priority on the medical care needs of older Australians. Dr Hambleton said that the aged care debate today was too much about bricks and mortar and not enough about flesh and blood. British Medical Association (BMA) 9 August 2012 - Shark-infested waters of a chronic diagnosis 9 August 2012 - "Pay cartel" snub welcomed by BMA 8 August 2012 - Academics join forces to promote career opportunities for women 7 August 2012 - BMA launches locum handbook 7 August 2012 - Call for new surgeries as population hits record high 7 August 2012 - Medical school raises job fears 7 August 2012 - Q and A with BMA council chair Mark Porter 6 August 2012 - GPs back OOH quality index 6 August 2012 - SAS doctors express alarm over funds cut 3 August 2012 - BMA offers integration insight 3 August 2012 - Funding books for life 3 August 2012 - Islanders employ social media to find GP Canadian Medical Association (CMA) 9 August 2012 - CMA's Yellowknife meeting promises several firsts 6 August 2012 - Disability tax credit applications rising by 10% annually 2 August 2012 - Personalised Rx records: there's an app for that American Medical Association 7 August 2012 - American Medical Association Statement on CDC Report on Walking ABOUT US Kerry Hogan-Ross Kerry's professional indemnity practice includes claims against solicitors and doctors.

She has acted for directors and professionals in large civil Supreme and Federal Court proceedings and in several high profile inquiries, including the HIH Royal Commission and the Bundaberg Hospital Commission of Inquiry. She represents hospitals, nurses and doctors in coronial inquiries and represents doctors in response to Health Care Complaints Commission and Medical Counsel complaints. Contact Details Tel: +61 2 9286 8326 [email protected]

MORE INFORMATION www.dlapiper.com Contact your nearest DLA Piper Australia Level 3, 55 Wentworth Avenue DLA Piper is a global law firm operating through various separate office: Kingston ACT 2604 and distinct legal entities. T +61 2 6201 8787 BRISBANE F +61 2 6230 7848 For further information please refer to www.dlapiper.com [email protected] Level 28, Waterfront Place Copyright © 2012 DLA Piper. All rights reserved. 1 Eagle Street Brisbane QLD 4000 PERTH COPYRIGHT T +61 7 3246 4000 Level 31, Central Park If you would like to reproduce any of this publication, please F +61 7 3229 4077 152–158 St Georges Terrace contact Michael Regos on +61 3 9274 5437 or [email protected] Perth WA 6000 [email protected]. T +61 8 6467 6000 MELBOURNE F +61 8 6467 6001 © DLA Piper Australia, 10 August 2012 Level 21, 140 William Street [email protected] Melbourne VIC 3000 T +61 3 9274 5000 SYDNEY F +61 3 9274 5111 Level 38, 201 Elizabeth Street [email protected] Sydney NSW 2000 T +61 2 9286 8000 F +61 2 9286 4144 [email protected]