Bill Maddens WordPress Medical law, abuse law, NDIS civil liability blog, Australia.
Time 2021-10-15 19:11:35Web Name: Bill Maddens WordPress Medical law, abuse law, NDIS civil liability blog, Australia.
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Webb v Tang [2021] WASC 344 (on Jade). The appellant was convicted after trial before a Magistrate of one charge that, being a teacher who in the course of his work as a teacher formed the belief on reasonable grounds that a child had been the subject of sexual abuse, he failed to report that Continue reading Abuse: Appeal against conviction for failing to report sexual abuse of achild.
Share this:TwitterFacebookEmailLinkedInBuckley and National Disability Insurance Agency [2021] AATA 3622 (on JADE) is of interest for its consideration of submissions by the Agency that certain equipment sought by the applicant represented 'value for money'. The Tribunal at [18] examined the part of the National Disability Insurance Scheme (Supports for Participants) Rules 2013 dealing with 'value for Continue reading NDIS: Reasonable and necessary supports – value formoney.
Share this:TwitterFacebookEmailLinkedInKassam v Hazzard; Henry v Hazzard [2021] NSWSC 1320 (on Caselaw) saw the Court dismiss two proceedings which in substance sought orders that certain Covid 19 public health orders were invalid. Justice Beech-Jones, the Chief Judge at Common Law, stated at [9] - [11]: 9 Although it was contended that the impugned orders interfere with Continue reading Validity of NSW public healthorders.
Share this:TwitterFacebookEmailLinkedInThis matter was heard by the South Australian Civil and Administrative Tribunal on 24 August 2021. The Tribunal found that the medical practitioner engaged in professional misconduct by communicating to make a child amenable to sexual activity. See Medical Board of Australia v Balasubramanian [2021] SACAT 53 (on AUSTLII). The dooctor had a profile on Continue reading Professional misconduct by communicating to make a child amenable to sexualactivity.
Share this:TwitterFacebookEmailLinkedInAlthough not a medical group proceeding, of interest is today's decision in Bolitho v Banksia Securities Ltd (No 18) (remitter) [2021] VSC 666, available from the Supreme Court library. As explained in a summary of the judgment, Justice John Dixon found that a litigation funder and five lawyers engaged in egregious conduct in connection with Continue reading Group proceeding: Costs andcommission.
Share this:TwitterFacebookEmailLinkedInWith thanks to Mathisha Panagoda for drawing my attention to Lonergan v Trustees of The Sisters of Saint Joseph Anor [2021] VSC 651, available on AUSTLII. The decision arose from allegations of historical sexual abuse of a child by a priest, in respect of which liability was admitted. The plaintiff had made a prior Continue reading Abuse: Earlier settlement offset of moniesreceived.
Share this:TwitterFacebookEmailLinkedInThe Royal Australian and New Zealand College of Psychiatrists has published a position statement (103) on mental health needs of persons experiencing gender dysphoria. The position statement touches on ethical and medicolegal issues in part: Health professionals should also be aware of ethical and medicolegal dilemmas in relation to medical and surgical treatment for people Continue reading Gender dysphoria: RANZCOP Position statement103
Share this:TwitterFacebookEmailLinkedInPCB v Geelong College [2021] VSC 633 (available on AUSTLII). In late 1988 when he was in Year 8, the plaintiff first attended the ‘House of Guilds’, which was on the grounds of the senior campus of the Geelong College. The plaintiff was then a student at the junior campus, which was nearby. The plaintiff Continue reading Abuse: Whether perpetrator an employee + vicariousliability.
Share this:TwitterFacebookEmailLinkedInWM v CEO for Department of Communities [2021] WASC 325 (on JADE) was an appeal from a protection order made by a Magistrate when a child (TM) was an inpatient at the Perth Children's Hospital having been admitted to the Hospital as a consequence of distress and suicidal ideation. The 'emotional abuse' found by the Continue reading Appeal from protection order against background of genderdysphoria.
Share this:TwitterFacebookEmailLinkedInWhitby-Smith and National Disability Insurance Agency [2021] AATA 3446 (on JADE) returns to the issue in QDKH and NDIA [2021] AATA 922 which is presently on appeal to the Federal Court of Australia. The NDIA contended that the Tribunal only has jurisdiction to hear an application in relation to those supports “put before” the NDIA internal Continue reading NDIS: AAT jurisdiction + the InternalReview
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