Provision of health advice by persons or organisations outside of the AHPRA regulatory framework appears to be gaining increased attention, one example being the public warning issued late last year by the Health Care Complaints Commission (NSW) in respect of un-named anti-vaccination campaigners.
Litigation involving provision of such health advice seems to remain uncommon, though recently the Supreme Court of New South Wales heard a defamation dispute concerning a person described as the founder of an organisation Universal Medicine, said on its website to be a provider of complementary health and healing services.
The formal orders reflecting the findings of the jury in that matter have now been published: Benhayon v Rockett (No 8) [2019] NSWSC 169. There was a final determination in favour of the defendant.
The matter is to be listed for further submissions on a potential reference of the plaintiff’s legal representatives to the Office of the Legal Services Commissioner: Benhayon v Rockett (No 9) [2019] NSWSC 172, [29] – [36].
The defendant did not succeed in her application to use some categories of discovered documents for the collateral purpose of making complaints to regulatory authorities about the plaintiff and Universal Medicine as well as lobbying for legislative action: Benhayon v Rockett (No 9) [2019] NSWSC 172, [49] – [58].