The NSW government has promised to make sure there is no repeat of the “horrible mistake” that saw the wrong side of a patient’s bowel removed at a Sydney hospital. The error happened at Sydney’s troubled new Northern Beaches Hospital last week. It’s understood the male cancer patient underwent corrective surgery on Friday. Issues with the patient’s pathology results from a private provider contributed to the mistake in some way, it has been alleged. NSW Health Minister Brad Hazzard said the hospital had advised NSW Health of the “serious event”. “In such situations there are investigative processes and those must proceed to their conclusion before any further comment can be made,” Mr Hazzard said in a statement on Monday. “The patient’s privacy must also be respected.” Mr Hazzard has asked the hospital to provide all possible support for the patient and his family.
June 25, 2019
Deputy Health and Disability Commissioner Rose Wall today released a report finding Aria Park Senior Living Limited in breach of the Code of Health and Disability Services Consumers’ Rights (the Code) for failing to provide services to an elderly woman living at a retirement village with reasonable care and skill. The woman experienced an unwitnessed fall which resulted in leg and arm pain, and she was unable to stand or weight bear independently. The next day there were difficulties moving the woman with a transfer belt, her pain escalated, and she was reviewed by a GP who recommended that she be taken to hospital for further investigation. The woman was diagnosed with an elbow fracture and was transferred back to the retirement village with instructions to continue her regular pain relief. However, this did not occur and the woman was re-hospitalised due to increased pain levels and later died. Ms Wall’s investigation found failures with respect to the retirement village’s pain assessment and administration, incident reporting, documentation, compliance with its manual handling policy and communication. There were also delays in obtaining a GP review and in contacting an ambulance. Ms Wall found that the retirement village “had the ultimate responsibility to ensure the woman received care that was of an appropriate standard and complied with the Code.” Overall, she found that there were serious issues with the care the woman received from multiple different staff members at the retirement village and that the care was inadequate. Ms Wall recommended that the retirement village report back to HDC on further education it provided to staff, and improvements to its services in the areas of medication administration documentation; the process to support the use of restraint and restraint use documentation; incident reporting; and the process of seeking medical attention and transferring a resident’s care to a hospital.
June 25, 2019
The Health Services Union and Monash Health have a s.729 (Application to deal with a dispute) alive before Fair Work Deputy President Masson in Court 4 – Level 6 and Conference Room C – Level 6 in Melbourne.
June 24, 2019
An application for approval of the Amana Living Home Care Staff Enterprise Agreement 2018 (s.185 – Application for approval of a single-enterprise agreement) will be the preserve of Fair Work Commissioner McKinnon (By Telephone) in Melbourne.
June 24, 2019
A s.394 – Unfair dismissal claim by Donnalyn Sharkey against Life Without Barriers has backfired. Fair Work Deputy President Beaumont sitting in Perth, on 21 June 2019 decided to award costs to Life Without Barriers. The ruling reads: “Pursuant to ss 400A and 401(1A) of the Act respectively, I order that Ms Sharkey and Mr Mullally are to pay the LWB’s costs incurred after 17 December 2019 and until 8 April 2019 on an indemnity basis, apportioned on the basis that Mr Mullally incurs 67% of the total costs and Ms Sharkey 33%. LWB is to provide a written itemised assessment of the costs to Ms Sharkey and Mr Mullally within 14 days of this Order, having regard to items that are mentioned in the Schedule of Costs in Schedule 3.1 of the Fair Work Regulations 2009 (Cth). The parties are then directed to confer and seek to reach agreement on the quantum of the costs. If the costs are not agreed within 14 days of the receipt of the assessment by Ms Sharkey and Mr Mullally, LWB is to file the itemised assessment with my Chambers for the purposes of taxing the costs. Further directions will then be issued. The costs are to be paid within 28 days of the date of this Order (if the quantum is agreed) or the date the costs are taxed by the Commission, whichever is the latter.”
June 24, 2019
Villa Maria Catholic Homes Limited is facing a s.372 dispute application before Fair Work Commissioner Yilmaz in Court 8 – Level 6 and Conference Room F in Melbourne (Zagami).
June 24, 2019
An application for approval of the Allity Enterprise Agreement (New South Wales) 2018 (s.185 – Application for approval of a single-enterprise agreement) will be determined by Fair Work Commissioner McKinnon (By Telephone) in his Melbourne chamber.
June 24, 2019
An application by Masonic Care Tasmania (s.120 – Application to vary redundancy pay for other employment or incapacity to pay) will be determined by Fair Work Deputy President Barclay in Hearing Room 8, First Floor in Hobart.
