We are delighted to welcome you to the HWL Ebsworth Health Law Bulletin.
The health law practice of HWL Ebsworth is one of the premier legal service providers to the Australian health industry, dedicated to assisting clients with all aspects of their legal needs. Within the national practice group we have a team of partners and lawyers who have market-leading expertise in all aspects of health law and policy including assisting health practitioners and public and private health facilities in civil claims, disciplinary proceedings and coronial inquests and providing advice on regulatory and compliance issues such as clinical governance, privacy, Medicare and ethics. Our team also has extensive experience advising on clinical protocols, medical practice management and industrial relations as well as providing corporate and commercial advice to health industry participants.
As part of our focus on the health industry, our bulletin addresses a range of topics designed to provide you with an insight into legal and other developments across the nation.
Obstetrician cartel? Court says no: $2.4M claim defeated
HWL Ebsworth has successfully defended six obstetricians against a $2.4 million lost income claim brought by Dr Price, who alleged that his exclusion from a weekend cover roster forced him to cease practicing obstetrics at a Brisbane hospital. Dr Price claimed the defendants engaged in cartel conduct and unconscionable behaviour; however, the Supreme Court of Queensland dismissed the claims. Justice Kelly found the defendants’ actions were neither anti-competitive nor unconscionable and did not force Dr Price to cease practice.
Health Practitioner Regulation National Law and Other Legislation Amendment Bill 2024 (Qld)
The Health Practitioner Regulation National Law and Other Legislation Amendment Bill 2024 aims to strengthen public protection and confidence in health services. Key changes include requiring cancelled or disqualified practitioners to obtain tribunal approval before reapplying for registration, permanently publishing findings of sexual misconduct on the public register, and enhancing protections for complainants by voiding restrictive non-disclosure agreements and penalizing intimidation or reprisals. These reforms create a nationally consistent approach to re-registration, increase transparency, and safeguard those making complaints.
The Royal Commission into Defence Veteran Suicide – Takeaways for Health Professionals
The Final Report of the Royal Commission into Defence and Veteran Suicide, released on 9 September 2024, spans 7 volumes and 122 recommendations, with Volume 4 focusing on healthcare for current and former Australian Defence Force (ADF) members. It highlights significant mental health challenges, barriers to care, and the need for trauma-informed, culturally competent healthcare. Key recommendations include improving access to care, enhancing suicide prevention and postvention strategies, addressing moral injury, and reforming veteran health services. The report underscores the critical role of health professionals in supporting veterans, particularly during their transition to civilian life.
Addressing Consent Gaps in Voluntary Assisted Dying Through the Doctrine of Double Effect
Australia’s end-of-life legal framework has evolved with voluntary assisted dying (VAD) legislation, yet significant gaps remain, particularly for individuals unable to provide consent. The doctrine of double effect offers an ethical framework allowing physicians to alleviate suffering, even if it incidentally hastens death, but it lacks the legislative protections and oversight needed for robust application. This highlights the need for comprehensive legal reforms to address consent gaps in VAD and ensure equitable, safe, and ethical end-of-life care, especially for vulnerable patients.
Watch this space – Health checks for doctors aged over 70 being considered by the Medical Board of Australia
The Medical Board of Australia is proposing regular health checks for doctors aged 70 and older to ensure they can continue providing safe patient care, citing evidence of age-related declines in clinical performance and a rise in notifications for this age group. Three options were considered, with the Board favouring general health checks every three years from age 70 and annually from 80, performed by a GP or specialist without mandatory reporting. Stakeholder submissions closed on 4 October 2024, and the final decision is pending.