Treatment following failed attempt to insert catheter line

By wjmadden East Metropolitan Health Service v Martin [2017] WASCA 7 is a Western Australian appellate decision addressing an asserted delay in treatment following failed attempt to insert catheter line to a patient’s right arm, whether that delay in treatment caused injury to right median nerve and whether corrective surgery could have been undertaken in time to prevent or minimise injury to the right median nerve. The trial judges decision was that of Martin v Minister for Health [2016] WADC 15.
The decision focused on the available evidence, though there was some discussion of the onus of proof borne by the claimant (which …read more

Source:: Bill Madden

Has the PM answered the call: An integrity agenda for 2017?

By Peter Timmins The Prime Minister in conjunction with the resignation of Health minister Sussan Ley has announced a commitment to further changes to the parliamentary entitlements system.The changes go beyond the recommendations in the Conde report already accepted in principle and according to an earlier announcement to be acted upon in the first half of 2017.The PM: “Australians are entitled to expect that politicians spend taxpayers’ money carefully, ensuring at all times that their work expenditure represents an efficient, effective and ethical use of public resources,” he said. “We should be, as politicians, backbenchers and ministers, we should be as careful and …read more

Source:: Open and Shut

Case notes: Veda breaches credit reporting provisions

By David Jacobson Two recent decisions of the Australian Privacy Commissioner have found Veda Advantage Information Services and Solutions Ltd (“Veda”) breached Privacy Act credit reporting provisions.
In Financial Rights Legal Centre Inc. & Others and Veda Advantage Information Services and Solutions Ltd [2016] AICmr 88 the Privacy Commissioner determined that Veda interfered with the privacy of the class of individuals identified as ‘members of the public seeking to access a free copy of their credit report from Veda Advantage’ in breach of the Privacy Act 1988 (Cth) (Privacy Act) by:
failing to prominently state that individuals have a right to obtain their credit reporting …read more

Source:: Bright Law

What makes a good compliance manager?

By David Jacobson The job description of a compliance manager is typically along the lines of making sure that a company is conducting its business in compliance with all national and international laws and regulations that apply to its business, as well as professional standards, accepted business practices, and the internal Code of Conduct, policies and procedures and internal controls.
But what skills and attributes does a compliance manager need?
Obviously a compliance manager needs to be ethical, proactive, organised and detailed.
You need to be aware of potential negative consequences but be sensitive to the demands and expectations of the business.
The primary job of a …read more

Source:: Bright Law

Best interests duty and adviser fees

By David Jacobson The best interests duty is not intended to prohibit advice providers from charging fees and costs for their services.
But to what extent have advice providers failed to deliver ongoing advice services to financial advice customers who were paying fees to receive those services?
This was the subject of ASIC Report 499 Financial advice: Fees for no service.
The report also details compensation paid to customers.
Compensation outcomes as at 31 August 2016, and future projections
Group
Compensation paid or agreed to be paid
Estimated future compensation
Total (estimate)
AMP
$2,120,000
$2.4m
$4.6m
ANZ
$16,202,860
$33.5m
$49.7m
CBA
$575,587
$105.1m plus interest
$105.7m plus interest
NAB
$3,523,500
$13.4m plus interest
$16.9m plus interest
Westpac
$1,244,659
N/A
$1.2m
Totals
$23,666,606
$154.4m
$178.0m plus interest
Source: Data is based on estimates provided to ASIC by …read more

Source:: Bright Law

E Sports entertainment Association suffers data breach which results in publication of personal information when it refuses extortion demand

By Peter Clarke Sometimes a data breach is just the beginning of a company’s problems. As reported in ESEA hacked, 1.5 million records leaked after alleged failed extortion attempt the theft of personal information can be used to make extortion demands. As E Sports Entertainment Association discovered correctly refusing to pay can result in those records being published on line. The reputational damage can be severe, especially where the data can be used for identity theft or clearly locate individuals. When this happens the question is how data can be stored so poorly and key issues not separately siloed. …read more

Source:: Peter A Clarke

I'm sorry, Shan Ju Lin, I don't want to be treated like a patient

By Stephen Page About 40 or so years ago, the routine treatment for gays in the army in Australia, besides dishonourable discharge, was to ensure that they received psychiatric treatment, which included being held in custody, then electric shock treatment, so that their brains would be zapped, and they would no longer have the impulse of being attracted to other men. This was the era when sex between men was …read more

Source:: LGBT Law Blog

13 January last day submssions to Senate committee about marriage bill

By Stephen Page 13 January is the last day to make submissions to a Senate Committee about the Government’s exposure draft Bill to amend the Marriage Act. This is the draft, if ever there is to be the plebiscite, that the Government is saying it wants to put forward.

The Committee is clear- submissions are ONLY to be about the terms of reference, not about whether allowing equal marriage laws or about the …read more

Source:: LGBT Law Blog

Qld: submissions close 16 Jan to get rid of gay panic defence

By Stephen Page Submissions close on 16 January to a Queensland Parliamentary inquiry to get rid of gay panic defence in Queensland. In 2015, Queensland , along with South Australia, was urged by then Human Rights Commissioner (and now Federal Liberal MP) Tim Wilson, to get rid of gay panic defence.

How the defence works in Queensland is to murder. If an accused claims, successfully, that they killed the …read more

Source:: LGBT Law Blog