HEALTH ALERT 15 October 2018 Judgments .................................................................................................................................... 2 Key Decisions........................................................................................................................... 2 New South Wales (NSW) ......................................................................................................... 2 Northern Territory .................................................................................................................... 3 South Australia......................................................................................................................... 3 Legislation .................................................................................................................................... 3 Commonwealth ........................................................................................................................ 3 Reports ......................................................................................................................................... 3 Australia. Department of Health ............................................................................................. 3 Australia. Health Practitioner Regulation Agency (AHPRA) and the boards .................... 4 Australia. National Health and Medical Research Council (NHMRC) ................................. 4 Australia. National Mental Health Commission .................................................................... 4 Australia. Therapeutic Goods Administration (TGA) ........................................................... 4 Australian Commission on Safety and Quality in Health Care ........................................... 5 Australian Institute of Health and Welfare (AIHW) ............................................................... 5 Australian Capital Territory (ACT). Health Directorate ........................................................ 5 Northern Territory .................................................................................................................... 6 Queensland. Department of Health ........................................................................................ 7 South Australia (SA). Department for Health and Wellbeing .............................................. 7 Tasmania. Department of Health & Human Services ........................................................... 7 Victoria. Department of Health ............................................................................................... 8 Western Australia (WA). Department of Health .................................................................... 9 Australian Medical Association (AuMA) ................................................................................ 9 About us ..................................................................................................................................... 10 More information ....................................................................................................................... 10 DLA Piper 1 JUDGMENTS Key Decisions 10 October 2018 - Nursing and Midwifery Board of Australia v Kramarz (Review and Regulation) [2018] VCAT 1566 - Health Practitioner Regulation National Law (Victoria) Act 2009, Nurse Division 2, finding of professional misconduct, trafficking a drug of dependence, obtaining property by deception, appropriate disposition. On 20 June 2018, the Tribunal published findings that the respondent engaged in professional misconduct in that she behaved in a way that constitutes professional misconduct as defined in section 5 of the National Law. In summary, Ms Kramarz admitted to one count of trafficking a drug of dependence and one count of obtaining property by deception. It should be noted that Ms Kramarz’ registration was suspended by the Board on 20 May 2016 by way of immediate action pursuant to section 156 of the National Law. In April 2017 Ms Kramarz surrendered her registration pursuant to section 137 of the National Law. The Tribunal noted that the reputation of the profession is in need of protection by way of the disposition being one which indicates to the public that behaviour such as that of Ms Kramarz falls well short of the standards required by the profession. The Tribunal ordered that the respondent be reprimanded and disqualified from applying for registration as a nurse for a period of three years. 12 October 2018 - Health Care Complaints Commission v Nguyen [2018] NSWCATOD 168 - PROFESSIONAL DISCIPLINE – Health Practitioner Regulation National Law – Medical Practitioner – Unsatisfactory Professional Conduct – Professional Misconduct – Appropriate protective orders. The Health Care Complaints Commission brought two complaints of unsatisfactory professional conduct, and one complaint of professional misconduct, against a registered medical practitioner, Dr Howard Nguyen, in respect of his treatment of one patient. Dr Nguyen admitted all but one aspect of the particulars of the complaints and there was little factual dispute as to what occurred. The parties were content for the Tribunal to deal with both the question of liability and the question of the appropriate protective orders together, without the need to conduct the proceedings in two stages with a further oral hearing. The Tribunal decided that Dr Nguyen is guilty of unsatisfactory professional conduct and professional misconduct and that he should be reprimanded and other protective orders should be made. Dr Howard Van Nguyen is to pay the costs of the applicant, the Health Care Complaints Commission, agreed in the sum of $30,000.00. New South Wales (NSW) 12 October 2018 - Quach v NSW Health Care Complaints Commission (No 5) [2018] NSWSC 1519 - ADMINISTRATIVE LAW – prohibition order sought against Crown Solicitor appearing for NSW Health Care Complaints Commission in the ACT Supreme Court – previous proceedings seeking substantially the same order dismissed as an abuse of process – these proceedings an abuse of process – no constitutional issues arising – summons dismissed with costs. 12 October 2018 - Health Care Complaints Commission v Bainbridge [2018] NSWCATOD 169 - TRADES AND PROFESSIONS ─ nursing ─ impairment ─ opiate dependence ─ repeated breach of conditions. 10 October 2018 - Inquest into the death of Craig Daniel James Catley 2015/6538 - CORONIAL LAW – mandatory inquest - death of a person in custody –– what was cause of death – was care and treatment provided by Justice Health and Corrective Services NSW adequate. 10 October 2018 - Inquest into the death of Ian Turnbull 2017/95138 - CORONIAL LAW – death in custody, natural causes. 5 October 2018 - Inquest into the death of Andrew Amos 2015/23577 - CORONIAL LAW – Death in Custody. Cause and manner of death. 10 October 2018 - Zepinic v Health Care Complaints Commission (No 2) [2018] NSWCATOD 166 - TRADES AND PROFESSIONS — Health practitioner — Psychologist — Reinstatement order. DLA Piper 2 9 October 2018 - Dr B v Health Secretary obh of a Local Health District [2018] NSWIRComm 1060 - APPEAL — Application for leave to appeal — Whether exercise of discretion disclosed error — Proportionality — Grounds in support of leave to appeal not made out — Leave to appeal refused. Northern Territory 10 October 2018 - Inquest into the death of Matthew Leonard Rosewarne [2018] NTLC 024 - Police investigation, gunshot death, shot in back of neck, safety catch on, investigated as suicide, role of investigative bias. South Australia 10 October 2018 - Inquest into the death of Stephen Robert Atkins 02/2018 (0486/2015) - CORONIAL LAW. LEGISLATION As a general rule, this bulletin tracks subsidiary legislation at Commonwealth, but not at state level Commonwealth 12 October 2018 - National Health (Privacy) Rules 2018 F2018L01427 - as made. 12 October 2018 - Biosecurity (Human Health) Amendment (Disinsection Exemption) Regulations 2018 F2018L01416 - as made. 11 October 2018 - Private Health Insurance (Reforms) Amendment Rules 2018 F2018L01414 - as made. 10 October 2018 - Health Insurance (Section 3C General Medical Services – Optical Coherence Tomography) Determination 2018 F2018L01411 - as made. 9 October 2018 - Therapeutic Goods (Medical Devices—Information that Must Accompany Application for Inclusion) Determination 2018 F2018L01410 - as made. REPORTS Australia. Department of Health Media releases 11 October 2018 - Getting on the Front Foot to Tackle ‘Fake’ Food - Australia’s high-quality, world- recognised food producers need to be protected from the increasing threat of ‘fake’ foods being marketed as real food. 11 October 2018 - Minister Congratulates Sport Australia Hall of Fame Winners - The Minister for Sport, Senator Bridget McKenzie, has warmly congratulated new inductees and award winners announced at the Sport Australia Hall of Fame’s annual dinner. 11 October 2018 - Private health insurance simpler and cheaper for everyday Australians - New rules have been announced that will make private health insurance easier to understand and help Australians choose the cover that best suits them and their families from 1 April, 2019. 10 October 2018 - Children’s Hospital Foundation Queensland supports Brain Cancer Mission with 10 million - The Children’s Hospital Foundation Queensland has boosted the Australian Government’s Australian Brain Cancer Mission with a $10 million commitment that will give Queensland its own children’s brain cancer research centre. 10 October