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<strong>Minter</strong> <strong>Ellison</strong> <strong>Health</strong> <strong>News</strong><br />

<strong>12</strong> <strong>June</strong> <strong>2013</strong><br />

Cases<br />

New South Wales<br />

Rasmussen and South Western Sydney Local <strong>Health</strong> District [<strong>2013</strong>] NSWSC<br />

656 (29 May <strong>2013</strong>)<br />

Damages awarded for nervous shock following baby son’s death<br />

Ms Vanessa Rasmussen (plaintiff) was born on 3 December 1981. She became pregnant<br />

with Kaden in December 2006. Kaden was born on 18 August 2007 at Liverpool<br />

Hospital, South Western Sydney Local <strong>Health</strong> District (defendant). There were<br />

complications that resulted in brain damage. Kaden was ventilated and transferred to<br />

the intensive care unit. Four days later, on 22 August 2007, Ms Rasmussen and her<br />

husband decided to withdraw Kaden’s ventilation and he subsequently passed away.<br />

This decision was ‘heart wrenching, albeit a merciful and necessary one’.<br />

Ms Rasmussen declined the Hospital’s offer of counselling because she could not bring<br />

herself to return there. Liverpool Hospital admitted liability and accepts that Ms<br />

Rasmussen has suffered recognisable psychiatric injury due to Kaden’s death. Ms<br />

Rasmussen applied to the NSW Supreme Court (the Court) claiming damages for the<br />

nervous shock caused by Kaden’s death, including non-economic loss, loss of earning<br />

capacity, damages for domestic care and assistance and treatment expenses.<br />

Ms Rasmussen completed a Diploma in Hospitality Management from Wollongong TAFE.<br />

In 2001, she began work at Revesby Pizza Hut as an assistant manager and by 2005<br />

she was the manager of the Jannali Pizza Hut restaurant. By this time her gross annual<br />

earnings were A$37,000. At the time of becoming pregnant she was working at the<br />

Jannali Pizza Hut and earning A$41,000 per annum. Ms Rasmussen planned to resign<br />

from work when Kaden was born and return to full-time work when he was six months<br />

old.<br />

In February 2005, she began living with Bradley Rasmussen, whom she later married.<br />

At that time, Mr Rasmussen was an enlisted soldier and, whilst he was away on active<br />

service, Ms Rasmussen did the house cleaning, gardening and mowing.<br />

The Court heard evidence regarding Ms Rasmussen’s mental state, working situation<br />

and home life since the death of Kaden. Ms Rasmussen could not return to work after<br />

Kaden’s death and decided to make a complete career change. However, after gaining<br />

employment at Flight Centre in 2007, she was unable to concentrate or cope and<br />

resigned. She was unable to complete domestic tasks at home due to her mental state.<br />

Mr Rasmussen decided to leave the army and work as a grader operator in Wollongong<br />

because of his wife’s inability to cope.


2 MINTER ELLISON LAWYERS HEALTH NEWS <strong>12</strong> <strong>June</strong> <strong>2013</strong><br />

Ms Rasmussen was successful in gaining employment at an ANZ Bank Branch in 2010.<br />

However, her work performance is compromised by her anxiety and stresses.<br />

Ms Rasmussen has since had two daughters born in 2010 and 20<strong>12</strong>. She suffered from<br />

post-natal depression after the birth of her second daughter. This was contributed, in<br />

part, by the trauma she suffered after Kaden’s death. She has completed a Bachelor of<br />

Arts Degree at Southern Cross University by correspondence.<br />

Expert psychiatric evidence concluded that Ms Rasmussen has suffered an anxiety<br />

disorder and a pathological grief reaction, which is a ‘recognisable psychiatric illness’<br />

under section 31 of the Civil Liability Act 2002 (NSW). Her symptoms will improve with<br />

treatment and the passage of time.<br />

In assessing damages, the Court accepted that Kaden’s death had transformed Ms<br />

Rasmussen’s life significantly. The births and nurturing of her two daughters had been<br />

affected by the loss of Kaden. Ms Rasmussen is overly concerned and anxious for their<br />

welfare. ‘The grief she suffers is lifelong.’ 1<br />

Ms Rasmussen’s work enthusiasm has been hindered by constant fears of job loss,<br />

concerns about whether she is performing in her job to a satisfactory standard and<br />

anxiety for the care of her children whilst she is at work. Ms Rasmussen is prone to<br />

anxiety and emotional liability when she encounters boys who would have been Kaden’s<br />

contemporaries.<br />

The Court noted Ms Rasmussen's abilities to obtain a degree, look after her children and<br />

work part-time, all demonstrating her capabilities to concentrate and perform. It<br />

showed a motivation to return to normal functioning.<br />

The Court awarded judgment for the plaintiff in the amount of A$366,903.60.<br />

Click here for the full decision<br />

Victoria<br />

Inquest into the death of Corey Irving Wright (22 May <strong>2013</strong>)<br />

Coroner finds the lack of a formal mental health status review over one month<br />

was not causally related to the suicide of an involuntary psychiatric patient<br />

Mr Wright was 41 years of age and was the oldest of five children. He grew up in<br />

children’s homes and in foster care after his father left when he was young. Mr Wright’s<br />

mother, who suffered from schizophrenia, took her own life in 1998. Mr Wright kept in<br />

contact with his sister, Freyja De Losa, and was living with his brother, Jason Wright,<br />

and housemate, Martin Powell, at the time of his death.<br />

Mr Wright had a history of paranoid schizophrenia, polysubstance abuse (marijuana,<br />

amphetamine and heroin) and self harm. He had a number of admissions to Mental<br />

<strong>Health</strong> Services, including an admission to Thomas Embling Hospital due to an incident<br />

involving the destruction of property and theft in 2005. Since this time he had been<br />

treated as an involuntary psychiatric patient, subject to a community treatment order<br />

(CTO) under the supervision of Moreland Continuing Care Team (CCT), a unit of the<br />

North West Area Mental <strong>Health</strong> Service. He was receiving fortnightly depot injections of<br />

risperdal consta since 2005.<br />

Mr Wright did not believe he was suffering from a mental illness and would often discuss<br />

ceasing his medications due to the number of side effects he was experiencing,<br />

including drowsiness, upset stomach, skin rashes and sweating. On 16 August 2006, Dr<br />

Ana Lusicic (psychiatry registrar) and Ms Danielle Ashley (case manager) conducted a<br />

psychiatric review of Mr Wright. Dr Lusicic and Ms Ashley reported him to be engrossed<br />

1 At [52], Adamson J


3 MINTER ELLISON LAWYERS HEALTH NEWS <strong>12</strong> <strong>June</strong> <strong>2013</strong><br />

with his medication and not wanting to be on a CTO. He lacked insight into his illness<br />

but denied any plans to harm himself or others.<br />

Mr Wright did not attend his next scheduled appointment on 22 August 2006. Medical<br />

records show that Dr Lusicic called Jason Wright to enquire of his brother’s whereabouts.<br />

Jason advised that Mr Wright did not feel well. When Dr Lusicic did speak with Mr Wright<br />

he agreed to attend on 23 August 2006. However, he failed to attend this appointment<br />

also. Dr Lusicic again telephoned Mr Wright and was informed that he was unwell due<br />

to the medication. Jason also advised Dr Lusicic that Mr Wright wanted to change<br />

doctors to one closer to his residential address in Frankston North. Dr Lusicic informed<br />

Mr Wright that due to his CTO a request for change needed to be in writing from his<br />

treating doctor.<br />

Mr Powell attended a Mental <strong>Health</strong> Review Board hearing with Mr Wright on 25 August<br />

2006 to confirm his involuntary status. He failed to attend a scheduled psychiatric<br />

review on 1 September 2006, this was rescheduled for 21 September 2006. However,<br />

he did attend a clinic appointment to receive his depot medications on 29 August and 13<br />

September 2006.<br />

Jason and Mr Powell reported seeing Mr Wright on the morning of 15 September 2006<br />

and did not notice any unusual behaviour. Between 11:00am and <strong>12</strong>:00pm, Mr Wright<br />

left the house with Jason’s bike. At <strong>12</strong>:34pm, a short distance from Kananook Railway<br />

Station, Mr Wright was seen to stand in the middle of the train track in the path of an<br />

oncoming train. Mr Wright was hit by the train and suffered fatal injuries. Jason’s bike<br />

was found a short distance away with Mr Powell’s phone numbers on a hand written<br />

note that was found in the gear cogs of the bike’s back wheel.<br />

At inquest, the Coroner accepted evidence from Mr Wright’s Total Care Progress Notes<br />

that showed he regularly missed scheduled appointments and, as a result, full mental<br />

status assessments were not performed at regular periods. A period of approximately<br />

one month had elapsed since his review with Dr Lusicic and Ms Ashley on 16 August<br />

2006 until his death on 15 September 2006.<br />

The Coroner heard evidence form Dr Jagadheesen, supervising consultant psychiatrist,<br />

at Moreland CCT. Dr Jagadheesen would only see clients under the care of the Mental<br />

<strong>Health</strong> team if he was referred to do so by the clinicians or if the progress notes<br />

indicated it was necessary. Dr Jagadheesen did not consider Mr Wright’s failure to<br />

attend clinic appointments as overly concerning. He was satisfied that Mr Wright had<br />

attended for his depot injections and was confident that Registered Psychiatric Nurses<br />

(RPN) would notify Mr Wright’s case managers or Dr Lusicic if they had any concerns.<br />

Furthermore, Dr Jagadheesen did not feel it necessary to revoke Mr Wright’s CTO and<br />

have him admitted to a psychiatric ward because of his failure to attend scheduled<br />

appoints. Dr Jagadheesen considered this ‘unnecessarily restrictive’. Dr Jagadheesen<br />

was unaware that Mr Wright had wanted to be transferred to a Mental <strong>Health</strong> Service<br />

closer to Frankston. He confirmed that this was generally an easy process that could be<br />

initiated by a request from a medical practitioner or the North West Area Mental <strong>Health</strong><br />

Service.<br />

The Coroner found the Total Care Progress Notes to be legible and sufficiently<br />

informative to reflect the endeavours of Moreland CCT to engage with, treat and<br />

supervise Mr Wright. However, the Coroner accepted that Mr Wright never fully engaged<br />

or developed a rapport with his mental health treatment team. The Coroner was not<br />

critical of the treating mental health team for this lack of rapport but attributed it to Mr<br />

Wright’s lack of insight into his own mental health and his requirement for ongoing<br />

treatment.<br />

There was no evidence to suggest Mr Wright had experienced an increase in his suicidal<br />

ideations. Furthermore, other evidence, including the lack of any discussion concerning


4 MINTER ELLISON LAWYERS HEALTH NEWS <strong>12</strong> <strong>June</strong> <strong>2013</strong><br />

the outcome of the Mental <strong>Health</strong> Review Board, the location of his mental health<br />

providers or the lack of a formal mental status review over one month was not found to<br />

be causally related to Mr Wright’s decision to take his own life.<br />

The Coroner concluded that Mr Wright’s mental health care was reasonable and<br />

appropriate in the circumstances.<br />

Click here for the findings<br />

Western Australia<br />

LS and Mental <strong>Health</strong> Review Board [<strong>2013</strong>] WASCA <strong>12</strong>8 (24 May <strong>2013</strong>)<br />

Court's judgement that the Mental <strong>Health</strong> Review Board does not have the<br />

power to carry out a review of an involuntary patient order after the person<br />

has ceased to be an involuntary patient<br />

LS (appellant) had a long standing history of mental illness. On 11 May 2011, Dr L made<br />

a Community Treatment Order (CTO) for LS and on 13 May 2011, revoked the CTO and<br />

ordered that LS be detained in an authorised hospital as an involuntary patient under<br />

section 70(1) of the Mental <strong>Health</strong> Act 1996 (WA) (MH Act).<br />

On 10 <strong>June</strong> 2011, Dr L ordered LS to continue to be detained under an involuntary<br />

treatment order. On <strong>12</strong> July 2011, the Mental <strong>Health</strong> Review Board (the Board) decided,<br />

under section 138 of the MH Act, to continue the involuntary order made by Dr L and on<br />

22 July 2011, LS commenced proceedings in the State Administrative Tribunal (the<br />

Tribunal) for review of the Board’s decision.<br />

On 2 September 2011, the Board conducted a hearing to review the CTO of the 15<br />

August 2011. The Board concluded that LS was no longer an involuntary patient within<br />

the terms of the MH Act. On the 6 September 2011, the Tribunal dismissed LS’s<br />

application made on 22 July 2011 for review of the Board’s decision because the<br />

Tribunal no longer had jurisdiction to review a decision of the Board where LS was no<br />

longer an involuntary patient. 2<br />

LS made an appeal in the WA Supreme Court of Appeal (the Court) against the<br />

Tribunal’s order. LS relied on three grounds for appeal, these were:<br />

1. The Tribunal erred in concluding that a review of an order of the Board under<br />

section 148A of the MH Act ‘falls away’ when the subject of the review ceases to be<br />

an involuntary patient.<br />

2. The Tribunal made an error when it concluded that the powers of the Board when it<br />

carries out reviews and periodic reviews of involuntary patient orders under<br />

sections 138, 139 and 142 of the MH Act ‘falls away’ when the subject ceases to be<br />

an involuntary patient; and<br />

3. The Tribunal erred when it treated the conditions under sections 138(3) and 139(2)<br />

of the MH Act as being functions and discretions of the Board to be exercised by the<br />

Tribunal under sections 29 (Tribunal’s powers in Review Jurisdiction) of The State<br />

Administrative Tribunal Act 2004 (WA) (the SAT Act).<br />

The Court considered relevant sections of the MH Act, including the provisions for<br />

involuntary patient orders, the powers of the Board, applications to the Tribunal and the<br />

jurisdiction and powers of the Tribunal under The State Administrative Tribunal Act 2004<br />

(WA) (SAT Act).<br />

The Court observed the Tribunal’s review jurisdiction with regard to pervious case<br />

authorities. In particular, the Court noted that the Tribunal is required to give attention<br />

2 See LS and Mental <strong>Health</strong> Review Board [20<strong>12</strong>] WASAT 76 (20 April 20<strong>12</strong>)


5 MINTER ELLISON LAWYERS HEALTH NEWS <strong>12</strong> <strong>June</strong> <strong>2013</strong><br />

to the situation existing at the time of the decision under review. 3 Furthermore, the<br />

powers of the Tribunal may be broader than the original decision maker but the task of<br />

the Tribunal is to reconsider what the original decision maker did. The Court found<br />

nothing in the SAT Act that enabled the Tribunal to deal with a matter that is ‘different<br />

in essence’ from what was before the original decision-maker. 4<br />

The Court dismissed the first ground for appeal because the Tribunal was unable to<br />

undertake its statutory power as LS had ceased to be an involuntary patient at that time.<br />

The Tribunal did not lack jurisdiction, but used its powers under section 47(1)(a) of the<br />

SAT Act to dismiss the proceeding.<br />

The Court considered the second ground of LS’s appeal and held that the Board's power<br />

to review under section 138 (and sections 139 and 142) is dependent upon the person<br />

concerned being an involuntary patient at that time. The provision is forward-looking in<br />

that it requires the Board to consider if the involuntary order at the time ‘should<br />

continue to have effect’. It is not required to consider whether a past decision is correct<br />

or not.<br />

In making the decision, the Board is to have regard to the person’s psychiatric and<br />

medical history at that point in time. The Board is to then determine the decision for the<br />

future, taking into account the best care and treatment that least interferes with the<br />

person’s rights and dignity. 5 In addition, the Court concluded that section 144 MH Act<br />

where the Board may review an involuntary case at any time, does not confer any<br />

power on the Board to consider the validity of previous involuntary patient orders.<br />

In relation to the third ground of appeal, the Court held that reviews under sections 138<br />

and 139 of the MH Act and section 29(1) of the SAT Act are ‘functions’ of the Board as<br />

defined in section 5 of the Interpretation Act 1984 (WA). ‘Function’ is defined in the<br />

Interpretation Act 1984 as ‘powers, duties, responsibilities, authorities and jurisdictions.’<br />

The Court dismissed the appeal.<br />

Click here for the full decision<br />

New Zealand<br />

Grobler and Accident Compensation Corporation [<strong>2013</strong>] NZACC 115 (24 April<br />

<strong>2013</strong>)<br />

A recent judgment of the District Court considered whether delays during labour caused<br />

a baby to suffer a ‘treatment injury’ for the purposes of the Injury Prevention,<br />

Rehabilitation, and Compensation Act 2001 (the Act), and thus rendered the baby<br />

eligible for cover from the Accident Compensation Corporation (ACC).<br />

In September 2009, after a series of complications, Carla Grobler-Barrington (Ms G)<br />

gave birth to Amelia Grobler-Barrington (Amelia). On birth, Amelia was diagnosed with<br />

hypoxic ischemic encephalopathy (HIE), a condition affecting brain functioning caused<br />

by the brain being deprived of oxygen during birth. The question before the court was<br />

whether Amelia’s condition was caused by the treatment of Ms G during labour.<br />

This judgment relates to a recent decision of the <strong>Health</strong> and Disability Commissioner<br />

that was reported in this publication in May <strong>2013</strong>. That decision criticised the conduct of<br />

Ms G’s midwife prior to the arrival of Ms G at hospital. This judgment focuses on the<br />

actions of hospital staff after Ms G’s arrival at hospital.<br />

3 S 27(2) SAT Act and see <strong>Health</strong> Reports of Australasia Pty Ltd v Western Australian<br />

Planning Commission [2007] WASAT 60<br />

4 s29(9) SAT Act<br />

5 s5 and s6(2) MH Act


6 MINTER ELLISON LAWYERS HEALTH NEWS <strong>12</strong> <strong>June</strong> <strong>2013</strong><br />

Ms G went into labour on 11 September 2009 at about 9:00pm, at about which time she<br />

was taken to the hospital by her midwife. During the night, Ms G developed a fever and<br />

then later, during an examination, her membranes ruptured with evidence of fresh<br />

meconium. This was later determined to be caused by chorioamnionitis, a bacterial<br />

infection in the membranes of the womb.<br />

At 7:40am, an obstetrician determined that an attempt should be made to deliver<br />

Amelia vaginally. Ms G attempted to give birth vaginally a number of times, but Amelia<br />

refused to rotate to the correct position for delivery. At 8:30am, the obstetrician<br />

determined that Amelia could not be delivered vaginally and that hospital staff would<br />

need to perform a caesarean section.<br />

Further issues arose during the caesarean section. The anaesthetic initially failed to<br />

work and so hospital staff decided to use general anaesthetic. The hospital staff then<br />

had difficulties inserting a tube into Ms G’s throat to maintain an open airway. Ms G had<br />

had the same problem in a previous surgery, but this was not brought to the attention<br />

of hospital staff.<br />

After birth, Amelia had seizures and was diagnosed with HIE. The Court had to consider<br />

whether Amelia’s HIE could be attributed to the underlying disease of chorioamnionitis<br />

or the hospital staff’s treatment of Ms G.<br />

Experts largely agreed that it was unlikely that the delay caused by issues with the<br />

anaesthetic would have aggravated the HIE substantially. However, they determined<br />

that it was more likely that the 20-minute delay caused by the obstetrician’s decision to<br />

attempt a vaginal birth exacerbated the HIE (although this was disputed by one expert).<br />

The judge weighed the expert evidence and considered it more likely than not that the<br />

treatment had been the cause of the injury. The delay would have caused a much<br />

higher risk of HIE. The judge reasoned that this high risk meant it was likely that the<br />

delay was responsible for the injury.<br />

The judge concluded that Amelia’s condition was a treatment injury under the Act, with<br />

Amelia being provided cover accordingly.<br />

Click here for the full decision<br />

Legislation<br />

Commonwealth<br />

Therapeutic Goods Legislation Amendment (Fees and Charges) Regulation<br />

<strong>2013</strong> No. 94 (Cth)<br />

The Therapeutic Goods Legislation Amendment (Fees and Charges) Regulation <strong>2013</strong> No.<br />

94 (Cth) amends the Therapeutic Goods (Charges) Regulations 1990 No. 395 (Cth).<br />

According to the Explanatory Statement, purpose of the amending Regulation is to<br />

increase the following fees by 2.9 %, subject to the Therapeutic Goods Administration's<br />

rounding policy, for the <strong>2013</strong>-14 financial year:<br />

(a) annual charges relating to the registration, listing or inclusion of therapeutic goods<br />

in the Australian Register of Therapeutic Goods, including registered goods, listed goods,<br />

biological and medical devices; and<br />

(b) annual charges relating to manufacturing licenses. The amending Regulation also<br />

replaces the reference to 'A$85,900' in the note to r. 3(3) of the principal Regulations<br />

with a reference to 'A$88,400'.


7 MINTER ELLISON LAWYERS HEALTH NEWS <strong>12</strong> <strong>June</strong> <strong>2013</strong><br />

The amending Regulations will commence on 1 July <strong>2013</strong>.<br />

Click here for the Bill<br />

Private <strong>Health</strong> Insurance Legislation Amendment (Base Premium) Bill <strong>2013</strong><br />

(Cth)<br />

The Private <strong>Health</strong> Insurance Legislation Amendment (Base Premium) Bill <strong>2013</strong> was<br />

passed by the House of Representatives on 4 <strong>June</strong> without amendment and now moves<br />

to the Senate. The Bill proposes to implement the Government's 20<strong>12</strong>-13 MYEFO<br />

announcement that from 1 April 2014, the premium to which the Private <strong>Health</strong><br />

Insurance Rebate is applied will move in line with CPI or the commercial premium<br />

increase, whichever is lower.<br />

Click here for the Bill<br />

Private <strong>Health</strong> Insurance Amendment (Lifetime <strong>Health</strong> Cover Loading and<br />

Other Measures) Bill 20<strong>12</strong> (Cth)<br />

The Private <strong>Health</strong> Insurance Amendment (Lifetime <strong>Health</strong> Cover Loading and Other<br />

Measures) Bill 20<strong>12</strong> was passed by the House of Representatives on 4 <strong>June</strong> without<br />

amendment and now moves to the Senate. It proposes to amend the Private <strong>Health</strong><br />

Insurance Act 2007 and make minor consequential amendments to the ITAA 1936, ITAA<br />

1997 and the Taxation Administration Act 1953.<br />

The Bill provides for 2 categories of amendments to the Private <strong>Health</strong> Insurance Act:<br />

(i) it proposes to remove the rebate on private health insurance from the Lifetime<br />

<strong>Health</strong> Cover loading part of affected premiums; and<br />

(ii) from 1 July <strong>2013</strong>, claiming the rebate through a Department of Human Services<br />

Service Centre under the Incentive Payments Scheme will cease.<br />

Click here for the Bill<br />

Queensland<br />

<strong>Health</strong> Obudsman Bill <strong>2013</strong> (Qld)<br />

The <strong>Health</strong> Ombudsman Bill <strong>2013</strong> (Qld) was introduced into the Legislative Assembly on<br />

4 <strong>June</strong> <strong>2013</strong>.<br />

According to the Explanatory Notes, the objectives of the Bill are to protect the health<br />

and safety of the public, promote professional, safe and competent practice by health<br />

practitioners, promote high standards of service delivery by health service organisations,<br />

and maintain public confidence in the management of complaints and other matters<br />

relating to the provision of health services.<br />

Specifically, the Bill proposes to:<br />

(a) establish a new system to allow the <strong>Health</strong> Ombudsman to manage health<br />

complaints in Queensland, thereby replacing the split complaints procedure in place<br />

between <strong>Health</strong> Quality and Complaints Commission and the national health practitioner<br />

registration boards;<br />

(b) prescribe the <strong>Health</strong> Ombudsman with various powers, including the power to take<br />

immediate action to suspend or place conditions on a health practitioner's registration<br />

where there is a serious risk to the public;<br />

(c) make provision for the establishment and appointment of panels or a committee of<br />

persons to facilitate the functions of the <strong>Health</strong> Ombudsman;


8 MINTER ELLISON LAWYERS HEALTH NEWS <strong>12</strong> <strong>June</strong> <strong>2013</strong><br />

(d) prescribe various functions on the <strong>Health</strong> Ombudsman, including to identify any deal<br />

with health service issues through investigations and other relevant action, and to<br />

receive and deal with health service complaints;<br />

(e) allow interim orders to be issued so restrict a health practitioner from practising<br />

where there is a serious risk to the public; and<br />

(f) make consequential and transitional amendments, including for the disclosure of<br />

confidential information.<br />

Click here for the Bill<br />

<strong>News</strong><br />

General <strong>Health</strong><br />

Organ and Tissue Authority Community Awareness grants now available<br />

Parliamentary Secretary for <strong>Health</strong> and Ageing Shayne Neumann has announced the<br />

availability of A$463,000 in community awareness grants to support community-based<br />

activities promoting organ and tissue donation.<br />

Click here for the full story<br />

Income up, but mental illness costing A$190b a year<br />

The cost of mental illness to Australia's collective wellbeing has reached A$190 billion a<br />

year - equivalent to about <strong>12</strong> per cent of the economy's annual output.<br />

Click here for the full story<br />

Women wrongly diagnosed after screening problems<br />

A potential legal action is to be launched into a mishandled transfer from analogue to<br />

digital imaging at BreastScreen South Australia which allegedly resulted in more than<br />

500 women being recalled for reassessment and 72 women told they had been wrongly<br />

diagnosed as cancer-free.<br />

Click here for the full story<br />

New melanoma drug treatment a 'game-changer'<br />

Australian cancer patients will soon be able to test a potentially 'game-changing'<br />

melanoma treatment that could extend their lives for years.<br />

Click here for the full story<br />

AMA raises concerns about decision of Optometry Board turning a blind eye to<br />

quality patient health care<br />

AMA President, Dr Steve Hambleton, said that, in the interests of quality patient care,<br />

the Optometry Board of Australia must reverse its unilateral decision to allow<br />

optometrists to independently treat patients with chronic glaucoma without first making<br />

contact with an ophthalmologist.<br />

Click here for the full story<br />

Get some man therapy<br />

The Federal Government and beyondblue have teamed up in an unconventional new<br />

mental health campaign called 'Man Therapy' designed to battle depression and anxiety<br />

in Australian men.<br />

Click here for the full story


9 MINTER ELLISON LAWYERS HEALTH NEWS <strong>12</strong> <strong>June</strong> <strong>2013</strong><br />

Medical student and junior doctor groups join forces in push for intern places<br />

The AMA Council of Doctors in Training has brought together a coalition of peak medical<br />

student and junior doctor groups to implement a joint strategy to convince governments<br />

to provide sufficient internships to match the growing number of medical graduates.<br />

Click here for the full story<br />

Australian <strong>Health</strong> Survey: User's Guide<br />

Where you live can affect your likelihood of being a smoker or being overweight or<br />

obese, according to figures released by ABS. Louise Gates, Director of <strong>Health</strong> at ABS ,<br />

said the results from the Australian <strong>Health</strong> Survey give us an important insight into<br />

smoking rates and rates of overweight and obesity across Australia.<br />

Click here for the full story<br />

Government <strong>News</strong> & Policy<br />

Treasurer's Economic Note<br />

The Deputy Prime Minister and Treasurer has released the latest Economic Note, which<br />

provides commentary on the National Accounts.<br />

Click here for the full story<br />

<strong>Health</strong> A$219m over budget<br />

South Australia's Government has continued to overspend on health, despite former<br />

Treasurer Jack Snelling now being in charge of the portfolio.<br />

Click here for the full story<br />

Education expenses discussion paper leaves little room for discussion<br />

AMA President, Dr Steve Hambleton, said that the ‘Reform to deductions for education<br />

expenses' Discussion Paper released by Treasury outlines an inflexible Government<br />

position and provides little opportunity for affected professions to supply detailed<br />

submissions in support of tax deductions for genuine professional development.<br />

Click here for the full story<br />

Fiscal difficulty adds to case for faster privatisation<br />

The Queensland Government's second Budget is a reminder the Queensland Premier is<br />

trying to restore the State's finances the hard way.<br />

Click here for the full story<br />

Hospitals<br />

Hospital waiting times down, fewer surgeries performed<br />

The latest quarterly report on NSW hospitals has shown emergency department and<br />

elective surgery waiting times have fallen slightly but fewer surgeries are being<br />

performed.<br />

Click here for the full story<br />

Royal North Shore Hospital defends using operating theatres as storage rooms<br />

Royal North Shore Hospital has defended using four of its 18 operating theatres as<br />

storage rooms while moving patients to other hospitals for surgeries.<br />

Click here for the full story


10 MINTER ELLISON LAWYERS HEALTH NEWS <strong>12</strong> <strong>June</strong> <strong>2013</strong><br />

Preventative <strong>Health</strong><br />

58% of dental spending out-of-pocket<br />

Individuals contributed 58% of the A$7.9 billion spent on dental services in Australia in<br />

2010-11, according to a report released by the Australian Institute of <strong>Health</strong> and<br />

Welfare.<br />

Click here for the full story<br />

Call to do more as gap widens in indigenous welfare statistics<br />

AMA President, Dr Steve Hambleton, said that the COAG Reform Council report,<br />

Indigenous Reform 2011-<strong>12</strong>: Comparing performance across Australia, shows that<br />

progress can be made on improving Aboriginal and Torres Strait Islander health with the<br />

right support and commitment.<br />

Click here for the full story<br />

Over 3.6 million women reached by cervical screening program<br />

More than 3.6 million women were screened by the National Cervical Screening Program<br />

in 2010-2011, according to a report released.<br />

Click here for the full story<br />

E-cigarettes: health revolution or fresh pack of trouble<br />

Smokers who want to stub out the habit are turning in their millions to electronic<br />

cigarettes.<br />

Click here for the full story<br />

New Zealand<br />

Scathing report into man's death<br />

The death of a mentally-ill man has highlighted serious shortcomings in care provided<br />

by a residential rehabilitation service.<br />

Click here for the full story<br />

Hamilton to end water fluoridation<br />

<strong>Health</strong> authorities say removing fluoride from Hamilton's water will result in at least half<br />

a million dollars of extra dental treatment costs in the city every year.<br />

Click here for the full story<br />

Caregivers' law irks lawyers<br />

The Law Society has described the Government's secrecy and rush to pass new laws<br />

around paying family members to care for severely disabled relatives as "alarming".<br />

Click here for the full story


11 MINTER ELLISON LAWYERS HEALTH NEWS <strong>12</strong> <strong>June</strong> <strong>2013</strong><br />

Further Information<br />

Brisbane<br />

Shane Evans<br />

T +61 (0)7 3119 6450<br />

Melbourne<br />

Jacinda de Witts<br />

T +61 (0)3 8608 2276<br />

Lisa Ridd<br />

T +61 (0)3 8608 2278<br />

Sydney<br />

Lynne Peach<br />

T +61 (0)2 9921 4800<br />

Adelaide<br />

Chris Sweet<br />

T +61 (0)8 8233 5406<br />

Canberra<br />

Paul McGinness<br />

T +61 (0)2 6225 3257<br />

New Zealand<br />

Rachael Schmidt McCleave<br />

T +64 (0)4 498 50<strong>12</strong><br />

To email Australian lawyers use firstname.lastname@minterellison.com<br />

To email New Zealand lawyers use firstname.lastname@minterellison.co.nz<br />

Disclaimer<br />

The information contained in this update is intended as a guide only. Professional advice should be sought before applying any of the<br />

information to particular circumstances. While every reasonable care has been taken in the preparation of this update, <strong>Minter</strong> <strong>Ellison</strong><br />

does not accept liability for any errors it may contain. This Update contains hyperlinks to websites. <strong>Minter</strong> <strong>Ellison</strong> does not claim any<br />

association with websites which are not clearly identified as <strong>Minter</strong> <strong>Ellison</strong> sites. Hyperlink users should observe a website's terms of use<br />

and copyright. <strong>Minter</strong> <strong>Ellison</strong> disclaims liability for the accuracy or use of material on others' sites.

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