NEWS-HR

An application for approval of the Relationship Australia South Australia Enterprise Agreement 2019 (s.185 – Application for approval of a single-enterprise agreement) will be the preserve of Commissioner Platt in chambers in Adelaide.

Women’s Safety Services SA will attempt to parry a s.394 (Application for unfair dismissal remedy) in front of Fair Work Commissioner Platt in chambers in Adelaide (Looker).

An application for approval of the Sunnymeade and QNU – Nurses Enterprise Agreement 2019 (s.185 -Application for approval of a single-enterprise agreement) will be heard by Commissioner Booth in chambers in Brisbane.

A s.210 (Enterprise agreement) application from Calvary Mary MacKillop Care SA Ltd for the Calvary Mary MacKillop Care SA Nursing Employees ANMF South Australian Branch (Aged Care) Enterprise Agreement 2018 has been passed by Fair Work Deputy President Millhouse in Melbourne on 28 August 2019.

A doctor who sexually assaulted multiple patients at a Sydney healthcare centre was investigated over an intimate examination of a female patient in New Zealand, it can now be revealed. Dr Sharif Fattah spent 20 years practising in New Zealand, working in public hospitals and health centres as a GP, before moving to Australia in 2015. He was arrested in 2017 after three patients from a practice in the Sydney suburb of Camden went to police. More women came forward following his arrest, and by the time Dr Fattah went on trial he faced 30 charges of sexual assault and indecent assault involving 16 women. A Sydney court was told Dr Fattah, 63, had performed medically unnecessary examinations on the women, aged 19-40, for his own sexual gratification. Dr Fattah denied all charges, calling the allegations untrue and “absolutely wrong”. He was found guilty in May this year of 18 charges involving 10 female patients and has been sentenced to 16 years and 6 months imprisonment. His lawyer has indicated Dr Fattah will appeal. It can now be revealed that Dr Fattah moved to Australia and offended against his patients after being investigated by the Health and Disability Commissioner in New Zealand, and subsequently faced a charge of professional misconduct by the Health Practitioners Disciplinary Tribunal.

Victoria’s Chief Magistrate has defended the court ruling which spared a man who bashed two paramedics from serving jail time. Chief Magistrate Peter Lauritsen said the magistrate who handed down the sentence of treatment, monitoring and community orders to 22-year-old James Haberfield made the appropriate decision within the constraints of the law. “Whether there is an appeal or not, it is clear the magistrate applied the law (as he saw it) to the facts to reach the sentence he imposed,” Mr Lauritsen said. “It would have been wrong for him to do otherwise.” He acknowledged there was some controversy surrounding the decision and added that the sentencing magistrate, Simon Zebrowski, used to work as a principal solicitor for the Office of Public Prosecutions. Haberfield’s case was the first test of Victoria’s new mandatory sentencing legislation for offenders who assault emergency service workers. Haberfield avoided the mandatory minimum six-months jail term because Magistrate Zebrowski determined it “would have a disproportionate and catastrophic effect” on his future. While high on a “cornucopia” of drugs on January 29, he attacked two paramedics, punching one in the face and wrapping his arms around her. That paramedic, Monica, was diagnosed with post-traumatic stress disorder and anxiety, and has not been able to return to work. She said on Thursday that there had been no recognition of the catastrophic affects the assault had on her. “I think he has been treated like the victim here. I too have had catastrophic effects of all this on myself.” He had major depressive and pre-existing autism spectrum disorders. The magistrate apportioned some of Haberfield’s impaired mental state at the time of his offending to his disorders in handing down a sentence of an 18-month community corrections order and mandatory treatment. Emergency services unions, Ambulance Victoria and Premier Daniel Andrews have called on the Director of Public Prosecutions to appeal the sentence. However, the Office of Public Prosecutions has not commented on whether it would do so. Mr Andrews said he would consider tightening the legislation if Haberfield was not jailed on appeal. “If we have to further tighten these laws then we will,” he told reporters on Thursday. The legislation passed by the Andrews government in October was an effort to close loopholes that allowed offenders who assaulted emergency services workers to walk free in special circumstances. While not opposing the bill at the time, the Opposition warned it would still enable some offenders to avoid prison.

Mac Field Medical Practice will front a s.394 (Application for unfair dismissal remedy) before Fair Work Commissioner Cambridge in Hearing Room 12-2 – Level 12 in Sydney (Das).

Ambos P/L a/t/f Threlfall Family Trust will defend a s.394 (Application for unfair dismissal remedy) before Fair Work Commissioner McKenna in Hearing Room 12-2 – Level 12 in Sydney (Tetley).