SA Health has quietly rejected one of the key findings of a comprehensive review into the suspension of doctors – a report ordered by Health Minister Jack Snelling after a disastrous case which led to a multi-million-dollar payout to a wrongly accused surgeon. The revelation comes as one of the state’s most experienced lawyers working in medical litigation described SA Health as a chaotic, toxic, incompetent and “anti-doctor” department which uses the suspension of practitioners as a “weapon”.
February 14, 2017
A 21-year-old male nursing student repeatedly raped, assaulted and threatened a woman in his care between July and November last year, a Brisbane court has heard. The Kenyan national, who cannot be named, has been in Australia on a student visa for the past year. He was taken into custody yesterday. He was charged with more than 20 counts of rape while working as a carer at a residence in Albany Creek, north of Brisbane, last year. Queensland police prosecutor Sergeant Aydina Pugh told the Brisbane Magistrates Court the alleged offences were “significant”.
February 14, 2017
CASE PROCEDURES – appeals – deed of settlement – ss.394, 400, 604 Fair Work Act 2009 – permission to appeal – Full Bench – applicant accepted settlement negotiated with assistance from Commission during substantive hearing – parties agreed on full and final payment from respondent and respondent would continue to tender evidence – also agreed Commission would make findings based on that evidence – Commission’s findings were that the applicant’s alleged misconduct was not sexual misconduct and that dismissal was not harsh, unjust or unreasonable – applicant repudiated settlement on basis he accepted it under extreme pressure and findings were inconsistent with facts – Full Bench satisfied parties ended dispute contractually – findings were in the way of a private arbitration – no contemplation findings would change any aspect of agreement between parties – basis of appeal did not attract public interest – no arguable case of appealable error presented – permission to appeal refused. Appeal by Felkin against finding of Drake SDP of 31 October 2016 Re: Pathfinders Ltd
February 14, 2017
TERMINATION OF EMPLOYMENT – performance – ss.394, 400, 604 Fair Work Act 2009 – permission to appeal – Full Bench – appeal against decision at first instance to dismiss appellant’s application for relief from unfair dismissal – appellant sought to adduce new evidence, being a covert recording of the dismissal meeting – Full Bench declined to admit recording as appellant had possession of recording at all times since it was made and no reason was demonstrated at to why it was not adduced in first instance proceedings – appellant had been dismissed for poor performance – decision at first instance was that, despite procedural deficiencies, such deficiencies were insufficient to render the dismissal harsh, unjust or unreasonable – appellant submitted permission to appeal should be granted as: the decision raised issues of importance and general application; the decision manifests an injustice or the result is counterintuitive; and the decision-maker at first instance made significant errors of fact – Full Bench not satisfied grounds advanced by applicant raised issues or importance or general application, or an arguable case of error – public interest not enlivened – permission to appeal refused. Appeal by Allan against decision of McKenna C of 21 October 2016 [[2016] FWC 7504] Re: Lane Cove Retirement Units Association Ltd t/a Pottery Gardens Retirement Village
February 14, 2017
The Health Services Union and Northern Health are debating a s.739 (Application to deal with a dispute in relation to flexible working arrangements) before Commissioner Cribb in the Fair Work Commission 11 Exhibition Street Melbourne today.
February 14, 2017
WA’s nursing union is demanding new laws to limit how many patients each public hospital nurse has to manage. The Australian Nursing Federation is calling for strict nurse-to-patient ratios as part of a campaign costing at least $1 million in the lead-up to the State election. It wants one nurse for every four patients on a general ward, not the six to eight patients it claims nurses are routinely being forced to manage, including those “off the books” in corridors.
February 14, 2017
As many as 25 construction workers have been potentially exposed to asbestos at the Royal Hobart Hospital redevelopment site in the CBD. Project director Ben Moloney said the workers were carrying out re-wiring and other electrical work in E Block on the Campbell Street side. It appeared the exposure may have been caused by an administrative error.
February 14, 2017
A nurse has been acquitted of professional misconduct after an elderly man with Alzheimer’s walked out of a nursing home while in her care.
