6 FEBRUARY 2012 New South Wales. Chiropractors Tribunal/media/Files/Insights...6 FEBRUARY 2012...
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6 FEBRUARY 2012 JUDGMENTS New South Wales. Chiropractors Tribunal RAJEK v CHIROPRACTIC COUNCIL OF NSW [2012] NSWCHT 1 (24 January 2012) Mr Roman Rajek (the applicant) applied to the Chiropractic Council of New South Wales (Council) requesting review of an Order made by the Chiropractors and Osteopaths Board of NSW. The Order imposed a condition on the applicant's registration preventing him from using the prefix "Dr" or any reference to "Doctor" in connection with his practice as a chiropractor. The Order was made because the applicant was found guilty of professional misconduct under the Chiropractors and Osteopaths Act 1991 (1991 Act) for his usage of the title "Doctor" and the prefix "Dr" without appropriate qualifications. The Council referred the application to the Chiropractic Tribunal (Tribunal) and an inquiry was conducted to review the appropriateness of the Order. At the inquiry, the Council submitted that, due to the common usage by chiropractors throughout Australia of the title "Doctor" or variants on it, the condition does not operate to protect the public. The Council also submitted that the law no longer prevents practitioners from adopting the title "Doctor" or variants on it. Briefly, the legislative developments include the Health Practitioner Regulation National Law (NSW) No 86a replacing the 1991 Act and the Chiropractors Act 2001 (NSW). The Tribunal found there was no longer any purpose served by the condition and ordered that it be removed from the applicant's registration. The Tribunal also emphasised the need for all registered chiropractors to be familiar with the Code of Conduct for Chiropractors and the Guidelines for advertising of regulated health service'. EPSTEIN v CHIROPRACTIC COUNCIL OF NEW SOUTH WALES [2011] NSWCHT 3 (15 November 2011) Chiropractor – condition placed upon registration by previous Board under NSW regulatory scheme restricting use of title "Dr" – National Registration Scheme has no such restriction – application by practitioner to have condition lifted.
Transcript of 6 FEBRUARY 2012 New South Wales. Chiropractors Tribunal/media/Files/Insights...6 FEBRUARY 2012...
6 FEBRUARY 2012
JUDGMENTS
New South Wales. Chiropractors Tribunal
RAJEK v CHIROPRACTIC COUNCIL OF NSW [2012] NSWCHT 1 (24 January 2012)
Mr Roman Rajek (the applicant) applied to the Chiropractic Council of New South Wales
(Council) requesting review of an Order made by the Chiropractors and Osteopaths
Board of NSW. The Order imposed a condition on the applicant's registration preventing
him from using the prefix "Dr" or any reference to "Doctor" in connection with his practice
as a chiropractor.
The Order was made because the applicant was found guilty of professional misconduct
under the Chiropractors and Osteopaths Act 1991 (1991 Act) for his usage of the title
"Doctor" and the prefix "Dr" without appropriate qualifications.
The Council referred the application to the Chiropractic Tribunal (Tribunal) and an inquiry
was conducted to review the appropriateness of the Order. At the inquiry, the Council
submitted that, due to the common usage by chiropractors throughout Australia of the title
"Doctor" or variants on it, the condition does not operate to protect the public.
The Council also submitted that the law no longer prevents practitioners from adopting
the title "Doctor" or variants on it. Briefly, the legislative developments include the Health
Practitioner Regulation National Law (NSW) No 86a replacing the 1991 Act and the
Chiropractors Act 2001 (NSW).
The Tribunal found there was no longer any purpose served by the condition and ordered
that it be removed from the applicant's registration. The Tribunal also emphasised the
need for all registered chiropractors to be familiar with the Code of Conduct for
Chiropractors and the Guidelines for advertising of regulated health service'.
EPSTEIN v CHIROPRACTIC COUNCIL OF NEW SOUTH WALES [2011] NSWCHT 3
(15 November 2011)
Chiropractor – condition placed upon registration by previous Board under NSW
regulatory scheme restricting use of title "Dr" – National Registration Scheme has no
such restriction – application by practitioner to have condition lifted.
New South Wales. Psychologists Tribunal
HCCC v KREFT (No. 2) [2012] NSWPST 1 (25 January 2012)
Registered psychologist – unsatisfactory professional conduct – professional misconduct
– two female clients – inappropriate conduct during counselling sessions – failure to
maintain professional boundaries – inappropriate personal relationship.
South Australia. Health Practitioners Tribunal
Dental Board of Australia v Smithson [2012] SAHPT 1 (27 January 2012)
Dr Paul Smithson (the respondent), a registered dentist, was found by the South
Australian Health Practitioners Tribunal to have engaged in unprofessional conduct. The
respondent caused a patient much distress and ignored multiple requests to stop during
an unsuccessful attempt to extract a tooth over a period of more than three hours.
The Tribunal took into consideration that this was the respondent's first incident in 31
years of practice and that the treatment was not done for financial gain. The Tribunal
made a note for all practitioners that it is their responsibility alone to ensure that
appropriate and proper treatment is at all times afforded.
The Tribunal emphasised that the purpose of disciplinary proceedings is to protect the
public, not to punish the practitioner, and that their orders are aimed to prevent persons
who are unfit to practice from practising and securing the maintenance of proper
professional standards.
In an attempt to deter other practitioners from acting in the manner that the respondent
did, the Tribunal ordered that he pay an $8,000 fine, attend sessions with a psychologist
and an oral maxillofacial surgeon, take comprehensive treatment notes, be subject to
random site visits by a dentist to discuss treatment and patient management, and be
subject to audits of compliance. The Tribunal also ordered that the respondent will be
censured.
Victorian Civil & Administrative Tribunal
Medical Board of Australia v Kanathigoda (Occupational and Business Regulation)
[2012] VCAT 75 (19 January 2012)
Occupational & Business Regulation List – health profession – medical practitioner –
allegations of improper examination on a female patient – whether an examination took
place – allegations of failing to discuss purpose of referral with patient – unsatisfactory
performance of medical practitioner - Health Professions Registration Act 2005 ss 3, 77 –
definition of “unprofessional conduct” and “professional misconduct”.
Sherman v Medical Board of Australia (Occupational and Business Regulation)
[2012] VCAT 47 (16 January 2012)
Medical practitioner – review of decision to refuse registration.
REPORTS
Australia. Department of Health & Ageing
Media releases
2 February 2012-More Indigenous Aged Care and Primary Health Care Workers for Remote
Communities-83 Aboriginal and Torres Strait Islander aged and primary health care trainees from
the Indigenous Remote Service Delivery Traineeship Program have completed training with new,
nationally recognised qualifications in business and management.
1 February 2012-Changes to Better Access-In the 2011-12 Budget, the Australian Government
brought in changes to the Better Access program to deliver a mental health package that better
targeted and supported some of the most disadvantaged people in our community.
31 January 2012-New Kits Rolled Out To Tackle Ear Disease-A new resource kit to tackle ear
disease amongst Aboriginal and Torres Strait Islander kids has been launched by the Minister for
Indigenous Health, Warren Snowdon.
25 January 2012-Senior Australian of the Year 2012-Minister for Mental Health and Ageing and
Minister for Social Inclusion, Mark Butler has congratulated the nonagenarian Indigenous
community leader from north-east Arnhem Land, Laurie Baymarrwangga, who is this year’s Senior
Australian of the Year.
23 January 2012-Open for Business: Australia’s First National Mental Health Commission-
The Minister for Mental Health and Ageing, Mark Butler launched Australia’s first National Mental
Health Commission on 23 January 2012.
22 January 2012-NBN to further boost Telehealth Takeup-A new $20.6 million telehealth
program using the National Broadband Network (NBN) will provide new and innovative in-home
telehealth services to older Australians, people living with cancer and those requiring palliative
care.
21 January 2012-New Ads Encourage Australians to Shape Mental Health Reform-From 21
January 2012, advertisements are appearing in newspapers across the country inviting
Australians with a lived experience of mental illness to help shape national mental health reform.
Private Health Insurance Circulars
PHI 06/12 New (day-only) Hospital Information
PHI 05/12 February 2012 Prostheses List and the Prostheses List Information Sessions
Rural Clinical Training and Support (RCTS) 2011-2014 - Program Guidelines - The
Rural Clinical Training and Support (RCTS) program is the amalgamation of the Rural
Clinical School and Rural Undergraduate Support and Coordination programs.
Ten-year roadmap for national mental health reform: draft - The draft roadmap
details a commitment by governments to a long-term national reform plan for mental
health to guide future action and investment across Australia over the next 10 years.
27 January 2012 - Aged Care Essentials Newsletter, Edition, 4 2011
27 January 2012 - Information provided by the Western Australian Government
State Health Incident Coordination Centre
Australia. National Health & Medical Research Council
2 February 2012 - NHMRC congratulates Monash Institute of Pharmaceutical
Sciences on new international agreement
31 January 2012 - Support for H5N1 Research and Biosecurity Statement
27 January 2012 - NHMRC Research Tracker
Australian Commission on Safety and Quality in Health Care
1 February 2012 - Expressions of interest for NIMC VTE Pilot Phase 2
1 February 2012 - Australians to continue to help lead the way in revolutionising
Rapid Response Systems
Australian Institute of Health & Welfare
Diabetes indicators in Australia - Diabetes snapshot | media release (1 February
2012)
Dental health behaviours among children 2002-2004: the use of fluoride toothpaste,
fluoride tablets and drops, and fluoride mouthrinse (2 February 2012) (media
release)
Australia. Private Health Insurance Ombudsman
1 February 2012 - Quarterly Bulletin 61 - The latest Bulletin is now online.... - Read more
Australia. Productivity Commission
Report on Government Services 2012 - The Report on Government Services 2012 was
released on 31 January 2012. (whole report) or
Part E (Health):
Health sector summary
Summary, attachment tables and DQIs (PDF - 1145 Kb)
Attachment tables only (XLS - 884 Kb)
Chapter 10 Public hospitals
Chapter, attachment tables and DQIs (PDF - 1315 Kb)
Attachment tables only (XLS - 1886 Kb)
Chapter 11 Primary and community health
Chapter, attachment tables and DQIs (PDF - 2057 Kb)
Attachment tables only (XLS - 1346 Kb)
Chapter 12 Mental health management
Chapter, attachment tables and DQIs (PDF - 986 Kb)
Attachment tables only (XLS - 1070 Kb)
Australian Health Practitioner Regulation Agency & the boards
AHPRA releases new Advertising Fact Sheet and Frequently Asked Questions. - 27
January 2012 | Read Article
Call for Nominations or Expressions of Interest for Northern Territory Board Members. -
25 January 2012 | Read Article
The Nursing and Midwifery Board of Australia releases its latest Communiqué - 1
February 2012 | Read Article
Seeking qualified and experienced parties to review the Enrolled Nurse Competency
Standards. - 24 January 2012 | Read Article
The Pharmacy Board of Australia releases its latest Communiqué. - 30 January
2012 | Read Article
The Chinese Medicine Board releases its information session schedule regarding
national registration. - 24 January 2012 | Read Article
The Chinese Medicine Board of Australia releases feed-back about the consultation. - 18
January 2012 | Read Article
Medical Radiation Practice Board Releases New Consultation Paper. - 24 January
2012 | Read Article
Australia. Office of the Australian Information Commissioner
25 January 2012 - Submission on Personally Controlled Electronic Health Records
Bill
Australia. Therapeutic Goods Administration
3 February 2012 - Black Salve in treating cancer - TGA warns consumers about the
use of Black Salve in treating cancer
1 February 2012 - Medicines Safety Update, Volume 3, Number 1, February 2012 -
February 2012 edition of the Medicines Safety Update
1 February 2012 - Scheduling news - Updates and news about scheduling medicines
and poisons
1 February 2012 - Reasons for scheduling delegates' final decisions, February 2012
- Final decisions and reasons for amendments to the Poisons Standard
1 February 2012 - Public submissions on scheduling matters referred to ACCS#3
and ACMS#4 (October 2011) - Additional submissions on scheduling matters for ACCS
and ACMS October 2011 meetings
28 January 2012 - ANZTPA Implementation Ministerial Council communique - Trans
Tasman Ministerial Council agrees foundations for joint therapeutic products regulator
27 January 2012 - Poly Implant Prothese (PIP) breast implants - TGA update -
Updated information on PIP breast implants
27 January 2012 - Statutory expert committee vacancies - The TGA is seeking
expressions of interest from experts for various committees
25 January 2012 - Advisory Committee on Prescription Medicines (ACPM) - Updated
member information
24 January 2012 - Questions & answers about the streamlined submission process
- Updated information on proposed trade names
24 January 2012 - Miraculous Evil Root tablets - The supply of Miraculous Evil Root
tablets in Australia is illegal
20 January 2012 - Poly Implant Prothese (PIP) breast implants - the Australian
perspective - Updated information on PIP breast implants
Australian Capital Territory. Department of Health
Media releases
26 January 2012 - Survey findings to guide Government investment in physical activity and
nutrition-Katy Gallagher, MLA
26 January 2012 - Government provides $316,000 to promote healthy school communities-
Katy Gallagher, MLA
24 January 2012 - New state of the art Mental Health centre nears completion-Katy Gallagher,
MLA
23 January 2012 - ACT Government welcomes plans to tackle problem gambling-Katy
Gallagher, MLA
20 January 2012 - New North Canberra Hospital moves a step closer-Katy Gallagher, MLA
Child Physical Activity and Nutrition (26 January 2012) - This report presents results
from the second ACTPAN survey conducted in 2009 of year six school children.
New Northside Hospital (20 January 2012) - A site selection assessment has been
conducted for a new sub-acute facility on Canberra's northside.
New South Wales. Department of Health
Media releases
30 January 2012 - Record numbers of new graduate nurses
25 January 2012 - New dialysis unit a win for Inner West
24 January 2012 - NSW and national commissions set to drive long overdue mental health
reform
DRAFT Revised Memorandum of Understanding between the NSW Ministry of
Health and Sydney Water Corporation
Information bulletins
Nurses' Association Annual Conference and Professional Day 2012-IB2012_005-03/02/2012
Advice for Referring and Treating Doctors - Waiting Time and Elective Surgery Policy-
IB2012_004-01/02/2012
United Hospital Auxiliaries of NSW - Subsidy to Delegates Attending the Annual General
Conference-IB2012_003-27/01/2012
Policy directives & guidelines
Waiting Time and Elective Surgery Policy-PD2012_011-01/02/2012
Data Collections - Disclosure of Unit Record Data held for Research or Management of
Health Services-PD2012_010-27/01/2012
Routine Circumcision of Normal Male Infants - Policy-PD2012_009-27/01/2012
Violence Prevention & Management Training Framework for the NSW Public Health System-
PD2012_008-27/01/2012
User applied Labelling of Injectable Medicines, Fluids and Lines-PD2012_007-25/01/2012
Apnoea Monitors-GL2012_002-24/01/2012
Safe Administration of Liquid Medicines by Routes other than Injection-PD2012_006-
20/01/2012
Infants and Children - Acute Management of Bronchiolitis-PD2012_004-19/01/2012
Northern Territory. Department of Health
Media release
Kon Vatskalis - Territory Invests More in Health and Hospitals - The Northern Territory
Government is leading the nation when it comes to health spending and the employment of more
hospital doctors and nurses as reported in the Australian Government’s Report on Government
Services 2012, Health Minister Kon Vatskalis said today.
Queensland. Department of Health
Media releases
30 January 2012 - Correction: strictly embargoed until 1am Tuesday 31 January
30 January 2012 - Strictly embargoed until 1am Tuesday 31 February
28 January 2012 - Bligh Government to deliver PICU for Townsville
26 January 2012 - BreastScreen Queensland receives Australia Day Award
26 January 2012 - Queensland Clinical Services Redesign Program wins Australia Day
award
26 January 2012 - State Government recognises excellence in elective surgery program
New Grant Funding - OHMR Nursing, Midwifery & Physiotherapy Project Grants
Premier announces next step in establishing Queensland Mental Health
Commission - first report released
Queensland Health Disability Service Plan 2011-2014 (PDF, 687 KB)
The Premier has announced the release of the proposed restructure of Queensland
Health's corporate office
South Australia. Department of Health
Media releases
1 February 2012 - SA Health streamlines online hospital dashboards
30 January 20120 - Category One Caesarean Section Policy released
29 January 2012 - Meningococcal case
27 January 2012 - Financial aid for home dialysis patients
25 January 2012 - Blue Green Algae health warning for River Torrens
24 January 2012 - Measles case
24 January 2012 - Investing in the future of SA's nurses
17 January 2012 - Keeping up with technology
12 January 2012 - Join the consultation on Suicide Prevention Strategy
Directive - User applied labels for injectable medicines, fluids and lines
Tasmania. Department of Health and Human Services
Media releases
31 January 2012 - Advice on a Healthy Tasmania-Minister for Health
30 January 2012 - Government Report Shows Positives-Minister for Health
30 January 2012 - Support for campaign to help heal wounds quicker-Minister for Health
27 January 2012 - Expanded Emergency Department at the LGH-Minister for Health
24 January 2012 - Unions Must Get Facts Straight-Minister for Health
Healthy start to new school year | 3 February 2012
New Secretary for health and human services | 2 February 2012
Better Housing Futures in social housing | 1 February 2012
Vale Prof Allan Carmichael | 1 February 2012
Consumer rep sought for pharmacy authority | 30 January 2012
Foster carers still needed for at-risk children | 27 January 2012
Paramedics’ service recognised in awards | 27 January 2012
Royal redevelopment right on track | 27 January 2012
Victoria. Department of Health
Media releases
Victoria’s trauma hospitals are saving lives Published : - 30 January 2012
Snapshot on Victoria’s health Published : - 29 January 2012
Families share their views on healthy eating Published : - 27 January 2012
Opportunity to contribute to alcohol and drug reform Published : - 25 January 2012
Frankston meals on wheels cooking with new oven Published : - 24 January 2012
Health alert on salad sprouts Published : - 21 January 2012
Victorian population health survey 2009
Have your say on the proposed Australian guide to healthy eating - 30 January 2012
- Victorian families are invited to have their say on the proposed Australian Guide to
Healthy Eating developed by the National Health and Medical Research Council.
Western Australia. Department of Health
Media releases
2 February 2012 - Minister for Health: Southern Inland Health Initiative medical model
making a difference 24/7
31 January 2012 - Mosquito-borne virus warning for regional WA
30 January 2012 - Campaign targets continued rise in chlamydia notifications
27 January 2012 - Amoebic meningitis warning for Western Australian recreational
waterways
25 January 2012 - WA Health welcomes Four Hour Rule Program review
24 January 2012 - Minister for Health: Large scale building condition audits for SIHI
23 January 2012 - Health warning for hot weather
Four Hour Rule Program Progress and Issues Review (PDF 1.55MB)
New Zealand. Ministry of Health
Briefing to the Incoming Minister of Health, December 2011 - 2 February 2012 -
Following the 2011 general election, the Ministry of Health produced a Briefing to the
Incoming Minister Read more
Guidelines for Consultation with Obstetric and Related Medical Services (Referral
Guidelines) - 1 February 2012 - These guidelines provide Lead Maternity Carers (LMCs)
with a list of conditions and criteria about referring pregnant women for consultations with
other clinicians, transferring clinical responsibility Read more
Prevention and Management of Dental Caries in Children: Guidance in Brief - 27
January 2012 - Guidance is provided for oral health professionals on the latest evidence-
based and best-practice approaches to the prevention and management of dental caries
(decay) in children Read more
United Kingdom. Department of Health
Amendments to Health and Social Care Bill published - The Government has tabled a
series of amendments to the Health and Social Care Bill in advance of its Report Stage in
the House of Lords, which begins next week. … Read more →
The NHS will support women with PiP breast implants - The Chief Medical Officer,
Dame Sally Davies, has written to health professionals, with some more detailed
guidance. The latest advice from the NHS and plastic surgery experts is that women …
Read more →
Healthwatch England membership consultation - Stakeholders and the public are
being asked to contribute to the development of the Healthwatch England membership
regulations. Healthwatch England will be a national consumer champion that enables the
collective … Read more →
Improving the care environment for people with dementia - How changes to the
healthcare environment can benefit people with dementia. Watch Alistair Burns’ latest
video blog.
Independent experts to help improve health results for children - An independent
group of experts has been established to help develop a new strategy for improving care
for children and young people. The "Children’s and Young People’s outcomes strategy"
will … Read more →
Canada. Health Canada
Statement by the Honourable Leona Aglukkaq, Minister of Health, on enforcement
of the Cracking Down on Tobacco Marketing Aimed At Youth Act [31 January 2012]
Government of Canada supports the development of a home care planning and
evaluation tool [23 January 2012]
Australian Medical Association
Submission: Regionally Tailored Primary Health Care Initiatives through Medicare
Locals Fund - 1 February 2012 - The AMA submission to government on Regionally
Tailored Primary Health Care Initiatives through Medicare Locals Fund comments on the
role of Medicare Locals, the creation of the Medicare Locals National Body and the
utilisation of funds set aside for Medicare Locals. The AMA highlights the need for
Medicare Locals to support GPs in caring for patients, for clarity and transparency in how
funds are allocated, and stresses that any savings from the consolidation of funding
arrangements must be directed towards supporting services for patients.
Government's partial restore of mental health services disappointing - 1 February
2012 - The AMA welcomes the Government’s acknowledgement that May Budget cuts to
mental health services are hurting patients but its decision not to reverse cuts to
Medicare funding for GP mental health services is disappointing. AMA President, Dr
Steve Hambleton said today that the Government has failed to address the fact that the
Budget cuts to Medicare rebates for general practice mental health services are having a
detrimental impact on patients.
Therapeutic Goods Administration seeking EOI for Membership of Advisory
Committees - 27 January 2012 - TGA is seeking expressions of interest from experts for
various positions on five statutory advisory committees by Wednesday 29 February 2012.
These committees provide advice and make recommendations to the Minister for Health
and Ageing and to the TGA regarding complementary medicines, prescription medicines,
medical devices and the safety of medicines. Terms of appointment are for a period of up
to three years, commencing in 2012 and 2013. Applications to the TGA must be received
by close of business Wednesday 29 February 2012.
AMA congratulates doctors on the Australia Day 2012 Honours List - 26 January
2012 - AMA President, Dr Steve Hambleton today paid tribute to the many doctors and
other health professionals who were honoured on Australia Day for their passion for their
profession and their dedication to their patients and their communities. Dr Hambleton said
that the wonderful thing about the Honours is that they acknowledge achievement at the
international, national and local level and they recognise excellence across all avenues of
human endeavour.
American Medical Association
AMA Releases Free "Weigh What Matters" App to Help People Achieve Healthier
Lifestyles - 30 January 2012 - AMA Press Release - Helps patients improve their overall
health as part of the AMA Healthier Life Steps program.
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