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Inside track: Healthcare

09 September 2019

#Construction & Infrastructure

Inside track: Healthcare

In the media

Climate change is a health emergency
The AMA has joined other health organisations around the world – including the American Medical Association, the British Medical Association, and Doctors for the Environment Australia – in recognising climate change as a health emergency (03 September 2019).  More...

AMA Motion to Parliament reads: MA commits to working with government agencies and other organisations to prioritise actions in line with the AMA’s 2015 Position Statement on Climate Change and Human Health.

New eHealth Queensland chief executive named
Eight months after the sudden resignation of eHealth Queensland chief executive Dr Richard Ashby, his replacement to oversee multimillion public health software projects has been announced (05 September 2019).  More...

Second Brisbane hospital spends the day on 'code yellow' amid mounting surgery backlog
Queensland's two largest hospitals have spent much of Friday on "code yellow" as pressure mounts while health authorities grapple with fixing a sterilisation malfunction at one of the facilities (30 August 2019).  More...

Cases

Australian Competition and Consumer Commission v Ashley & Martin Pty Ltd [2019] FCA 1436
CONSUMER LAW - Australian Consumer Law s 24(1) – unfair contract terms – where consumers sign contract for medical hair loss treatment – whether terms are unfair if they have the effect that consumers agree to undertake and pay for  medical  treatment program prior to receipt of  medical  advice – where consumers who terminate obliged to pay termination fees – whether contract terms create a significant imbalance – whether terms reasonably necessary to protect legitimate interests of respondent – consideration of proportionality and available alternative methods of protecting interests in assessing whether terms reasonably necessary – whether terms would cause financial or non-financial detriment to consumers if relied upon.
 CONSUMER LAW – Australian Consumer Law s 26 – whether terms define main subject matter of contract – whether terms set the upfront price – whether general terms describing obligations under contracts quarantined by s 26 from assessment as to unfairness.

Health Ombudsman v Field [2019] QCAT 243
PROFESSIONS AND TRADES – HEALTH CARE PROFESSIONALS – NURSES – DISCIPLINARY PROCEEDINGS - where the practitioner was charged and convicted of criminal offences – where the practitioner failed to disclose the charges and convictions to the Nursing and Midwifery Board of Australia – where the practitioner declined to participate in the referral proceedings - whether the registration of the practitioner should be cancelled – whether a period of disqualification from re-applying should be imposed.
Health Ombudsman Act 2013 Qld s 103, s 104, s 107; Health Practitioner Regulation National Law 2009 Qld s 5, s 130, s 222; Weapons Act 1990 Qld s 50, s 58; Queensland Civil and Administrative Tribunal Act 2009 Qld s 92, s 93

Disclaimer
The information in this publication is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavour to provide accurate and timely information, we do not guarantee that the information in this newsletter is accurate at the date it is received or that it will continue to be accurate in the future.

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