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In this article, we explore the recent decision of Health Care Complaints Commissioner v Payne which demonstrates the serious risks health practitioners face if they access patient health records without authority. We discuss the best practices medical practitioners should implement to protect themselves and consider the circumstances in which it may be appropriate for medical practitioners to access and disclose the health records of patients who are not under their care.
Global insurance and litigation law firm Kennedys has promoted six new partners in Australia, a significant share of the record round of 22 partner promotions worldwide that take effect from 1 May 2022. This is the largest round of internal promotions since Kennedys opened the first Australian office in 2006.
While Australia was one of the first countries in the world to adopt privacy legislation, it has always lacked a cause of action for invasion of privacy. The Attorney-General’s Department is currently reviewing the Privacy Act 1988 (Cth), including whether an action for invasion of privacy should be introduced into Australian law.
Kennedys Healthcare team is a regular contributor to ‘The Hong Kong Medical Association News’, a monthly publication by The Hong Kong Medical Association. In this April 2022 edition, Partner Christine Tsang discusses a recent court case in relation to the question 'Can patients pursue legal action after the three-year limitation period?'
Doctors and other health professionals are, regrettably, often the victims of online abuse – including by Google reviews, Facebook posts, and on specialist websites like ‘RateMD’s’. In this article, we explore the remedies available, how these remedies may be undermined if the Commonwealth Government’s ‘Social Media (Anti-Trolling) Bill’ is enacted and possible options for reform.