Bill Madden

This website provides updates on medical law and related issues, mostly in Australia. It is maintained by Bill Madden.

He is a lawyer in private practice in Australia, a Fellow of the Australian Academy of Law and also an Adjunct Fellow at the School of Law and at the School of Medicine, Western Sydney University, an Adjunct Professor at the Australian Centre for Health Law Research, Queensland University of Technology and a Senior Fellow, Melbourne Law Masters, University of Melbourne.

Latest from Bill Madden - Page 2

Bill Madden's Blog

New book: Pandemics, Public Health Emergencies and Government Powers.

By Bill Madden

July 5, 2021

Soon to be published by Federation Press is a new book edited by Belinda Bennett and Ian Freckelton, Pandemics, Public Health Emergencies and Government Powers – Perspectives on Australian Law. The publisher’s webpage says: Pandemics, Public Health Emergencies and Government Powers: Perspectives on Australian Law explores the multi-layered and multi-faceted ways in which Australia’s laws, regulations and law-makers have engaged with the COVID-19 pandemic. What emerges from the 21 chapters from leading scholars in this…

Bill Madden's Blog

Order against unregistered health practitioner: Body modification.

By Bill Madden

July 2, 2021

With thanks to Justine Anderson for noting the publication of the NSW Health Care Complaints Comission as below. It deals with the performance of medical procedures by unregistered health practitioners. The NSW Health Care Complaints Commission (the Commission) investigated a complaint concerning Mr Howard Rollins, unregistered health practitioner. Mr Russell is a tattooist and has been described in the literature associated with this industry as a ‘body modification artist’. Within that industry Mr Rollins…

Bill Madden's Blog

Conduct: In the public interest + sexual assault conviction.

By Bill Madden

July 2, 2021

With thanks to Tina Cockburn for noting the decision in Health Ombudsman v Harirchian [2021] QCA 141, available on JADE. The respondent was a registered general practitioner who was convicted by jury trial on one charge of sexual assault of a female patient who attended his practice. The respondent continued to deny his guilt. The Health Ombudsman took ‘immediate registration action’ to suspend the respondent’s registration ‘in the public interest’ under s 58(1)(d) of the Health …

Bill Madden's Blog

Conduct: In the public interest + ‘protection’ of children contrary to a ruling of a Court.

By Bill Madden

July 2, 2021

Pridgeon v Medical Council of New South Wales [2021] NSWCATOD 89, available on JADE, arose from circumstances which the Tribunal described as extraordinary. It is perhaps best to repeat the introductory text at [3] – [6], as follows: The Appellant and others were charged by the AFP and later Queensland Police with offences against the respective criminal codes under Commonwealth and Queensland legislation. The charges related to the Appellant’s role in harbouring and/or supporting a…

Bill Madden's Blog

NDIS: Reasonable & necessary supports for cerebral palsy + assistance animal.

By Bill Madden

July 2, 2021

QTBR and National Disability Insurance Agency [2021] AATA 1951 (on JADE) is of interest, including for its identification of a substantial plan (over $600,000 per annum) for a participant affected by cerebral palsy. The dispute however was primarily the provision of an assistance animal in the form of a seizure alert dog in relation to QTBR’s epileptic seizures ([3]). At [164] the Tribunal found that there is currently insufficient evidence regarding the effectiveness of…

Bill Madden's Blog

Update on what’s in the new COVID vaccine indemnity scheme: No fault compensation.

By Bill Madden

July 2, 2021

Less than a week after the initial annoucement by the Prime Minister, the Minister for Health and Aged Care has made a more detailed and somewhat different announcement. With thanks to Tim Bowen, the media statement is online here. The Minister now states: In the event someone suffers a significant adverse reaction, causing injury and economic loss because of vaccination, the Scheme will help guide potential claimants through a no fault claims process scheme.…

Bill Madden's Blog

What’s the new COVID vaccine indemnity scheme?

By Bill Madden

July 1, 2021

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THE CONVERSATION has kindly published a short article by Tina Cockburn and me entitled “What’s the new COVID vaccine indemnity scheme?“. It is reproduced below. >>> What’s the new COVID vaccine indemnity scheme? Two legal experts explain. Hau Dinh/AP/AAP Bill Madden, Queensland University of Technology and Tina Cockburn, Queensland University of Technology On Monday night, Prime Minister Scott Morrison announced a new vaccine indemnity scheme. An indemnity scheme would mean health practitioners…

Bill Madden's Blog

Abuse: Permanent stay – Grant v Bird.

By Bill Madden

July 1, 2021

With thanks to Julie Somerville and Patrick Over for noting the decision in Grant v Bird [2021] VSC 380 (on AUSTLII), another permanent stay application. The claimant recalled the alleged abuse some 20 years after it is alleged to have occurred (1980). By that stage the alleged perpetrator and potential eyewitness were both deceased (1985, 2010). There had been no other allegations of abuse or history of professional misconduct against the alleged perpetrator. It…

Bill Madden's Blog

Vaccine indemnity annoucement: National Cabinet statment.

By Bill Madden

June 28, 2021

Unfortunately there seems to be little detail available at this stage, but following a National Cabinent meeting on 28 June 2021, the Prime Minister is reported (ABC news) to have said that a Commonwealth indemnity scheme will be adjusted to cover general practitioners (perhaps health practitioners more broadly – see below) in the circumstance of patient adverse reactions to a vaccine – presumably a COVID vaccine. The Prime Minister’s National Cabinent Statement…

Bill Madden's Blog

Court and tribunal information: access, disclosure and publication.

By Bill Madden

June 28, 2021

The NSW Law Reform Commission has released draft proposals ahead of its final report on Court and tribunal information access, disclosure and publication. The proposals focus on the operation of suppression and non-publication orders and access to information in NSW courts and tribunals. Submissions have been invited (closing date 2 August 2021).…

Bill Madden

New book: Pandemics, Public Health Emergencies and Government Powers.

Order against unregistered health practitioner: Body modification.

Conduct: In the public interest + sexual assault conviction.

Conduct: In the public interest + ‘protection’ of children contrary to a ruling of a Court.

NDIS: Reasonable & necessary supports for cerebral palsy + assistance animal.

Update on what’s in the new COVID vaccine indemnity scheme: No fault compensation.

What’s the new COVID vaccine indemnity scheme?

Abuse: Permanent stay – Grant v Bird.

Vaccine indemnity annoucement: National Cabinet statment.

Court and tribunal information: access, disclosure and publication.

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