The Health Practitioner Regulation National Law (NSW) requires a registered health professional to notify their board within 7 days (s 130(1)) of being charged with a criminal offence punishable by 12 months imprisonment or more (s 130(3)(a)) or after being convicted of an offence punishable by any period of imprisonment (s 130(3)(b)). For example, the
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Rebutting presumptive cancer legislation for NSW volunteer firefighters
Today’s correspondent has a question regarding the presumptive cancer legislation – that is legislation that provides that firefighters who develop various listed cancers are presumed to have developed the cancer as a result of their firefighting duties. This entitles them to workers compensation (even for volunteers) without the need to lead evidence to establish the…
Australian Emergency Law is taking a holiday
That’s right, I’m taking a break. I will be away from 5 April to 22 May. I won’t say that there will be nothing appearing during that time, I’ll have my computer with me and I may write something but you can expect less frequent and less timely posts. If you have a burning question…
QAS decision to reject application for appointment to higher position neither fair nor reasonable
The Public Service Act 2008 (Qld) s 120 provides that a public servant who has been seconded from their substantive position to a higher position can apply to be permanently appointed to that higher job.
Ms Dyson had been acting at a higher level as an OIC at the Roma Street Ambulance Station for at…
Employee seeks flexible work arrangements to better balance work and volunteering with SAAS
Under the Fair Work Act 2009 (Cth) s 65 an employee in one of the circumstances listed has the right to apply for flexible work arrangements. The listed circumstances are set out in s 65(1A). They are:
(aa) the employee is pregnant;
(a) the employee is the parent, or has responsibility for the care, of…
Paramedics with no police back up – WA
Today’s correspondent is
… currently serving as an ambulance paramedic in Western Australia and have encountered a dilemma related to our professional duties when dealing with violent or aggressive individuals, or those experiencing severe mental health crises.
This issue arises from a recent policy shift by the WA Police, who now decline to accompany us…
Industrial Relations Commission rules on further industrial action in NSW Ambulance
The two cases, discussed below, were both decided at the end of February and dealt with urgent applications for orders to terminate planned industrial action by the Health Services Union. The Industrial action either has, or would have, already come and gone but it is, I hope, still worth reporting on them.
The first case…
Detention under the Mental Health Act 2007 (NSW) at the local emergency department
Today we return to the Mental Health Act 2007 (NSW) at the request of ‘… a Registered Nurse working in a rural Emergency Department…’ I’m asked:
- If we are not a ‘declared’ ED or MH facility, does section 20 or 22 stand at all? Or is it null and void given we are not a
…
Doctor as respondent to application for domestic violence order
Today I’m asked if there are
… any AHPRA type consequences for a doctor signing an undertaking for family violence in Vic. Is it self-reportable or mandatory reportable if an employer found out?
Victorian Legal Aid has this to say about family violence intervention orders:
A family violence intervention order is a court order…
NSW RFS and emergency driving in Victoria
Today’s correspondent was wondering:
… how interstate FIRE services like the RFS can respond code one in VICTORIA and use road rule, 306. I assume there’s something in the CFA act, that classes them as an emergency vehicle under the control of the country, FIRE authority, and so on.
The relevant provision is in the…