Yesterday the High Court of Australia allowed three appeals from a decision of the NSW Court of Criminal Appeal (NSW CCA) regarding the correct interpretation of section 45 of the Crimes Act 1900 (NSW), concerning female genital mutilation. See The Queen v A2; The Queen v Magennis; The Queen v Vaziri [2019] HCA 35, available on AUSTLII. NSW CCA The NSW CCA had previously allowed appeals against convictions on the ground that the trial…

The LexisNexis website seems to have been repaired and it is now possible to place online orders for the softcover and ebook versions of Institutional abuse of children: Legal remedies and redress in Australia. The orders webpage is here.…

Mordel v Royal Berkshire NHS Foundation Trust [2019] EWHC 2591 (QB), available on BAILII, saw the court consider breach issues as to what screening and advice was offered to the pregnant woman, and the causation question of what the woman would have done. Of interest is the discussion as to the relative roles of the midwife and the sonographer in relation to informed consent, with the court concluding at [89]: In my judgment, it…

The plaintiff (Eastman) sought compensation from the defendant (the Australian Capital Territory) under ss 18(7) and 23 of the Human Rights Act 2004 (ACT) in respect of his conviction and imprisonment for murder. Eastman v The Australian Capital Territory [2019] ACTSC 280 (available on the Court’s website) saw Justice Elkaim set out his reasons for a verdict in favour of the plaintiff in respect of his section 23 claim and make an award of damages in…

A comprehensive Guide to health privacy has been released by the Office of the Australian Information Commissioner (OAIC) to help keep patients’ personal information safe. Australian Information Commissioner and Privacy Commissioner Angelene Falk said the  guide brings together a wide range of OAIC advice for all health service providers covered by the Privacy Act 1988. The Guide features an eight-step plan for better privacy practice: Develop and implement a privacy management plan Develop clear lines of accountability…

A comprehensive Guide to health privacy has been released by the Office of the Australian Information Commissioner (OAIC) to help keep patients’ personal information safe. Australian Information Commissioner and Privacy Commissioner Angelene Falk said the  guide brings together a wide range of OAIC advice for all health service providers covered by the Privacy Act 1988. The Guide features an eight-step plan for better privacy practice: Develop and implement a privacy management plan Develop clear lines of accountability…

An unusual set of circumstances in Health Care Complaints Commission v Windsor [2019] NSWCATOD 149 (available on Caselaw) saw the Tribunal cancel the registration of a general practitioner, who had initially attended for an interview with her husband / practice manager. The interview followed a complaint to the Commission which made a number of allegations (at [5]), including: Dr Windsor visits nursing homes until the early hours of the morning and then practises at…