With thanks to Courtney Jenkins for drawing my attention to yesterday’s decision of the Queensland Court of Appeal in the matter of SDA v Corporation of the Synod of the Diocese of Rockhampton & Anor [2021] QCA 172 (available on the Supreme Court Library). The appellant was a resident of an orphanage where he was alleged to have been sexually abused. The Court was required to determine whether disclosure of prior similar incidents is…

Health Ombudsman v Pin [2021] QCAT 242 (available from the Supreme Court library of Queensland) is a conduct matter arising from a varicose vein procedure. It was agreed that a 9.2 cm segment of the catheter was retained in the patient’s leg and a 47 cm length of optical fibre became detached and was retained in the patient’s leg. Of interest is the discussion at [14] to the effect that despite being aware that a…

The focus of Nettle v Cruse [2021] FCA 935 (available on the Federal Court site) was succinctly explained in the opening paragraph of the reasons: The applicant in this proceeding, Dr Warwick Nettle, is a highly regarded and successful plastic and reconstructive surgeon. In 2017, he was consulted on a number of occasions by the respondent, Ms Catherine Cruse. While Dr Nettle ultimately did not perform any surgery or other procedure on Ms Cruse, his relatively brief professional interactions with her nevertheless caused…

Conduct matters involving boundary violations (in this instance, a personal, non-therapeutic relationship) are unfortunately not entirely rare. The matter of Psychology Board of Australia v Brideson (Review and Regulation) [2021] VCAT 899 (on JADE) is therefore not particularly noteworthy, save for two issues. Firstly, the psychologist met the patient at a psychology conference for survivors of child abuse ([10]). Her early family life was abusive and she suffered child sex abuse including at the…

The End of Life Law for Clinicians (ELLC) training program, designed by Ben White, Lindy Willmott, Shih-Ning Then and other ACHLR members from QUT has just launched 10 new and updated training modules for doctors, medical students, nurses, and allied and other health professionals (including paramedics and Aboriginal and Torres Strait Islander health professionals). The free training program relates to the law relating to end of life decision-making. The course can be accessed for free…

With thanks to Manthisha Panagoda for drawing attention to AB v State of Queensland [2021] QDC 171 (available from the Supreme Court Library Queensland). The substantive claim was one for nervous shock, following the discovery by AB of sexual and physical assaults alleged to have been suffered by her daughter CD when very young, allegedly perpetrated by XY who, at the time, was about 17 and who had been placed in the household of…

JJGZ and National Disability Insurance Agency [2021] AATA 2702 (on JADE) concerned an application for review of an NDIS plan by a participant who had been diagnosed with Zlotogora-Ogur Syndrome , The plan offered to him by the Agency did not include his requested funding for ‘natural therapies’ and ‘vitamin and mineral supplements’. He sought a review of that plan. At [40] the Tribunal held: I find there is no evidence from an appropriately qualified medical practitioner…