This Health Law Alert discusses issues such as:

• Mandatory Data Breach Notification has commenced! Do you have a Data Breach Response Plan?
• Corporate Governance Update for Not-for-profit Health and Aged Care providers
• Voluntary Assisted Dying Laws Passed in Victoria
• Private Health Insurance Reform – how will it affect you?
• What Approved Providers can and cannot charge under the Aged Care Act - Regis Aged Care Pty Limited v Secretary, Department of Health [2018] FCA 177; Regis Aged Care Pty Limited v Secretary, Department of Health (No 2) [2018] FCA 454
• Unfair Dismissal Update – casual and labour hire employees
• More...

Sponsors of therapeutic goods must ensure that they advertise their products in accordance with the indications accepted in relation to inclusion on the Australian Register of Therapeutic Goods (ARTG).

On 7 August 2017, the Office of the Australian Information Commissioner (OAIC) released the following investigation reports into the major data breach that occurred on 5 September 2016 through the Australian Red Cross Blood Service’s (Blood Service) website:

A recent Court of Appeal decision in a defamation claim has considered the defence of absolute privilege under section 27(2)(d) and Schedule 1, clause 15 of the Defamation Act 2005 (NSW), and the good faith protections for complainants under the Health Care Complaints Act 1993 (NSW) and the former Medical Practice Act 1992 (NSW).

Facts

Ms Tinnock initially underwent surgery for repair of an incisional hernia on 7 June 2010, under the care of Dr Justin Gundara, surgical registrar. The surgery was supervised by Dr Michael Payne, specialist general surgeon.

Australian Competition and Consumer Commission v Reckitt Benckiser (Australia) Pty Ltd [2016] FCAFC 181; Reckitt Benckiser (Australia) Pty Limited v Australian Competition and Consumer Commission [2017] HCASL 86

In the September 2016 edition of our Health Law Bulletin we reported on Australian Competition and Consumer Commission’s (ACCC) proceedings against Reckitt Benckiser (Australia) Pty Ltd (RB) and the judgment arising from the first substantive hearing. Since that judgment, there has been an appeal to the Full Federal Court and finally in April 2017, the dismissal of an application for special leave to appeal to the High Court of Australia by RB.

AAI Limited (t/as Vero Insurance) v GEO Group Australia Pty Limited [2017] NSWCA 110

A recent Court of Appeal decision confirms the need for healthcare providers to understand their medical malpractice and civil liability policy terms and conditions. The primary decision was the subject of our article in the May 2017 edition of the Health Law Bulletin.

Background

The Australian Competition and Consumer Commission (ACCC) has recently announced that it will launch an investigation of the “more serious matters being raised” in the Aveo retirement village scandal.

Introduction - Genome Testing – Genome.One

An Australia-first genomic testing service that combines whole genome sequencing and a comprehensive health assessment can offer individuals an unprecedented glimpse into their future health.

Welcome to the August 2017 edition of the Holman Webb Health Law Bulletin.