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With thanks to Ruanne Brell for noting another NDIS decision concerning transport supports: Blattman and National Disability Insurance Agency [2019] AATA 184. At [30] – [32] the Tribunal touched on the history of the matter and also referred to the potential application of the “no disadvantage” principle. 30. At the Tribunal hearing, the NDIA was asked to explain why Mr. Blattman was provided a transport support budget in his NDIS plans from 8 December 2016 to…
The Australian Commission on Safety and Quality in Health Care is currently reviewing the Australian Charter of Healthcare Rights and inviting comment on the draft second edition of the Charter, which was prepared after release of a consultation report. Suggested changes appear on pages 12 – 13 of the consultation report. Comment can be submitted by way of a survey before 1 March 2019. Share this:…
Paterson v Coroner King [2019] WASC 25 considered an application made by the senior next of kin (the mother of a girl aged 14) for an order that no post mortem examination be performed. The information available indicated, among other things, that the deceased may have ended her life due to psychological stress associated with circumstances that might be identified through a full post mortem examination. The court noted at [15]: Early in the morning…
Neil Foster has kindly drawn attention to a new website, in which Elwyn Elms describes the extensive work of Emeritus Professor Harold Luntz. Emeritus Professor Harold Luntz, an internationally recognised expert in the field of torts and damages law, received the award of Officer in the General Division of the Order of Australia (AO) in the Australia Day 2019 Honours List for his “distinguished service to legal education, as an academic and editor, to professional…
On January 24 2019, the Attorney-General for Australia tabled in Parliament the Australian Law Reform Commission (ALRC) report, Integrity, Fairness and Efficiency—An Inquiry into Class Action Proceedings and Third-Party Litigation Funders. The recommendations aim to promote fairness and efficiency in class action proceedings; protect litigants from disproportionate costs; and assure the integrity of the civil justice system, and include recommendations to: provide mechanisms in statute and legal frameworks for the Federal Court to deal…
Funding for transport to medical appointments was one of the contentious issues in Milburn and National Disability Insurance Agency [2018] AATA 4928. The NDIA had refused to include such transport using a transport service in the plan for Ms Milburn, who argued that she was unable to use public transport and taxis by reason of her physical and mental disabilities. The Tribunal at [64] held that the supports in Ms Milburn’s current plan should be amended to…
Dated 21 January 2019 but released today was the report of Gail Furness SC entitled Review of documentary material in relation to the appointment of Dr Gayed, management of complaints about Dr Gayed and compliance with conditions imposed onDr Gayed by local health districts. Ms Furness made three primary recommendations at [97] – [99], as follows: I recommend that governance processes of Hunter New England Local Health District be reviewed to ensure that…
Tim Bowen has kindly drawn attention to the release on 4 February 2019 of the Queensland Parliamentary committee report into treating practitioner mandatory reporting and title protection amendments. The Government has three months to respond to the report’s recommendations. According to the explanatory notes, the objectives of the Health Practitioner Regulation National Law and Other Legislation Amendment Bill 2018 are to: amend the Health Practitioner Regulation National Law (National Law) as agreed by the Council…
With thanks to Awash Prasad for drawing attention to a recent appellate decision from Western Australia: East Metropolitan Health Service v Jane Elizabeth Popovic as executrix of the Will of Emil Popovic [2019] WASCA 18. East Metropolitan did not challenge the finding that it was liable in negligence. Rather its appeal concerned the potential liability of the neurosurgeon Dr Popovic. As stated at [5]: …East Metropolitan’s case on breach was and is founded on a…
With thanks to Awash Prasad for drawing attention to a recent appellate decision from Western Australia: East Metropolitan Health Service v Jane Elizabeth Popovic as executrix of the Will of Emil Popovic [2019] WASCA 18. East Metropolitan did not challenge the finding that it was liable in negligence. Rather its appeal concerned the potential liability of the neurosurgeon Dr Popovic. As stated at [5]: …East Metropolitan’s case on breach was and is founded on a…