01Contracting & Commercial 02Legislative Compliance 03Tender & Probity 04Data Protection & Privacy 05Dispute Resolution 06Coronial Investigations 07Medico-Legal 08Corporate & Employment 09HealthTech 10Templates

Services

Health Legal is able to meet the daily legal needs of the health, community service and aged care sectors.

Given the extensive experience of the Health Legal team, we can provide quick responses to queries and can take advantage of the precedent contracts and policies that the team has developed. The team has prepared contracts covering nearly every aspect of a health care and community service entity’s activities and has advised on complex and sensitive patient/resident/client, staff and legislative issues.

Although we are Melbourne based, we provide services and training to clients nationally.

01

Contracting and Commercial Advice

The Health Legal team has a comprehensive understanding of the commercial and business sensitivities unique to the health, community service and aged care sectors.

See below for the wide range of template contracts which are available for purchase.

The Health Legal team regularly:

  • Provides strategic and risk management advice
  • Drafts and reviews Government funding agreements
  • Drafts and reviews supply contracts
  • Drafts and reviews tertiary affiliation agreements
  • Drafts and reviews information technology agreements
  • Drafts and reviews clinical trial and research agreements
  • Drafts and reviews clinical and non-clinical service agreements
  • Drafts and reviews leases and licences
 
02

Legislative and Regulatory Advice and Compliance

Health Legal actively ensures that its lawyers are kept abreast of all legislation and regulatory requirements which apply to our clients.

Through our legislative compliance and case law update products, we are also able to keep our clients well-informed of all legislative changes and new case law which is relevant to their organisation.

The Health Legal team has expertise in:

  • Health legislative requirements
  • Aged care legislative requirements
  • Government legislative requirements
  • Education sector legislative requirements

 

  • Community service organisation legislative requirements
  • Health professional misconduct
  • Occupational health and safety
  • Compliance reviews and audits
 
03

Tendering, Probity and Outsourcing Advice

Members of the Health Legal team have acted as probity auditors for significant clinical and non-clinical outsourcing arrangements in the private and public sectors. The team also frequently provides advice on tender related issues.

Examples of tenders which team members have provided advice on include:

  • Over 40 pathology and radiology outsourcing arrangements
  • Hospital and retail pharmacy services
  • Electronic medical records
  • Software and hardware systems
  • Supply of nurse uniforms
  • Internal audit services
  • Clinical equipment (for example MRI, catheter laboratory equipment and ultrasound equipment)
  • Non-emergency patient transport services
  • Payroll and rostering systems
  • Non-clinical support services such as: gardening services, ward support, linen, security, patient food, cleaning, lift maintenance, waste removal and disposal, car park management and retail food and catering services
 
04

Data Protection and Privacy Advice

Data protection and privacy have become prevalent issues in this digital age. The Health Legal team is at the front line of all developments in privacy, eHealth, Freedom of Information and confidentiality.

Members of the Health Legal team were called on to provide privacy and strategic advice to the National E-Health Transition Authority Limited (known as NEHTA) in relation to the roll out of the national electronic health record.

We have expertise in:

  • Freedom of Information
  • Privacy and confidentiality issues
  • eHealth
 
05

Dispute Resolution and Investigation Assistance

Our clients rely on us for resolving commercial disputes, staffing issues and regulatory disputes. We ensure that risk is minimised for our clients and that the optimal result is achieved, preferably without the need for litigation.

We assist clients in responding to investigations, including those by Medicare Australia and WorkSafe.

Members of our team are also experienced in acting as independent investigators within health care and community service organisations, for example when staff complaints arise in areas such as bullying and harassment.

Our clients chose to use Health Legal as an independent investigating organisation because while our team acts as impartial arbitrators, the team also has a sound understanding of the environment in which the entity is operating.

The Health Legal team is experienced in:

  • Litigation and alternative dispute resolution
  • Dealing with regulators and responding to investigations
  • Acting as independent workplace investigators
 
06

Coronial Investigation Assistance and Representation

Health Legal’s products and services are designed to assist our clients in managing their role in coronial investigations cost effectively and in a way that supports their staff.

Our approach is flexible and pragmatic and is based upon our client’s available resources. We develop systems that work for the individual organisation, starting with training of staff. We are able to provide standard documentation, email and telephone advice, and representation as required. We also make every attempt to assist our clients in obtaining funded representation through their insurers, where possible.

Our team can:

  • Advise throughout the coronial investigation process
  • Provide case assessment and recommendations for management
  • Prepare statements for the Coroner
  • Represent your organisation and staff at a coronial inquest
  • Train your staff on various aspects of the coronial investigation process
 
07

Medico-Legal Advice

Medico-legal advice forms a large part of Health Legal’s work. We regularly answer queries from a broad range of health service staff on an even broader range of medico-legal issues.

Given our specialisation, we rarely receive a query that one of the team members has not considered before.

We strive to provide our clients with quick and accurate responses. We pride ourselves on our ability to anticipate and mitigate potential risks and issues for our clients before they arise.

Some of the medico-legal matters we have advised on in the past include:

  • Consent issues
  • Mental health
  • Guardianship matters
  • Medical negligence and duty of care breaches
  • Release of patient/resident information
  • Subpoenas and giving evidence in Court
 
08

Corporate and Employment Advice

Health Legal advises on all aspects of corporate governance in the health, community service and aged care sectors.

Our clients also rely on us for advice on all aspects of employment, from negotiating and drafting employment contracts, to workplace investigations and assistance with termination and suspension of employment arrangements.

Members of the team also have extensive experience in private practice arrangements, including training staff in understanding what models work most effectively and how to ensure compliance with all legislative requirements.

The team focusses on ensuring that all solutions provided to our clients are practical. The Health Legal team also understands that we need to provide our clients with more than just a legal answer in order to achieve their overall goals.

Health Legal advises on:

  • Clinical and corporate governance
  • Due diligence
  • Amalgamations
  • Fundraising foundations
  • Taxation
  • Employment agreements and policies
  • Private practice arrangements
  • VMO contracts
  • Disciplinary action including termination of employment
  • Workplace investigations
 
09

HealthTech

Health Legal works with health sector entrepreneurs in developing novel ways of delivering health services by technology-based solutions.

The health sector is highly regulated and our clients depend on us for practical advice in navigating those complex laws and regulations.

Members of the Health Legal team have advised app developers, start-ups and established businesses about the privacy law obligations which apply to them, the obligations of health practitioners and the protection of intellectual property.

In addition to finding legal solutions to support our innovative clients, our lawyers draw on their deep sector knowledge and networks to assist clients in developing their HealthTech product or service.

Health Legal advises on:

  • telemedicine, including remote prescribing
  • eHealth initiatives such as electronic medical records

 

  • advertising restrictions which apply to the health sector
  • IT contracts and terms of use
 
10

Template Policies and Agreements

Health Legal has developed a range of standard form template agreements and policies which can be used by health, community service and aged care organisations. The use of standard form precedents reduces organisational risk and legal expenditure.

The range of template agreements available include clinical and non-clinical service agreements, private practice agreements, consumable and equipment supply agreements, program funding agreements, property leases (retail and commercial) and licences, Expressions of Interest, Requests for Tender (goods and services), employment and VMO agreements and sale of business agreements.

Our template policies range includes policies on privacy and confidentiality, contract management, tender management, Freedom of Information, Intellectual Property, handling conflicts of interest (Board members and staff), management of subpoena, protected disclosures, consent, limitation of medical treatment (not for resuscitation), restraint and use of equipment.

For a complete list of the precedents available for purchase please click here.

 

Legislative Compliance

Health Legal has developed a number of legislative compliance products specifically for:

  • public and private health care providers
  • aged care providers
  • community service organisations
  • community health centres
  • Primary Health Networks
  • education providers
  • statutory authorities
  • Government departments

Apart from assisting organisations in satisfying accreditation criteria, the products provide an easy means for organisations to identify all of the legislation relevant to them and to take steps to ensure compliance with laws, so as to minimise the risk of fines, prosecution, complaints and litigation generally.

Over 230 organisations throughout Australia subscribe to our legislative compliance products. The products are available in Word via Health Legal, or in a web-based format via software providers Quality Award Partners or RiskMan International.

Since 2014, Health Legal has delivered the legislative compliance products via its new Law Compliance branding.

For more information about our legislative compliance products please click here.

Current subscribers please click here to login.