Monthly Archives - March 2017

Do your accreditation policies create a contract?

Typically medical specialists must submit their credentials in order to provide services at a hospital. This way, health service organisations are able to ensure that practitioners are sufficiently qualified and experienced to practice with that particular organisation within a defined scope of practice (commonly referred to as an ‘accredited practitioner’). In applying to be accredited, practitioners will often be required to agree to abide by a range of by-laws, codes of conduct and policies. The question is; does this agreement create a contract? And if a contract is created, what are the implications for the health service?

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State Government liability for failure to prevent child abuse

In this case, the High Court granted special leave to appeal from the decision in DC v State of New South Wales [2016] NSWCA 198 (summarised in the November 2016 edition of the Case Law Update), in which the State of New South Wales (the State) was held liable for the failure of the Department of Youth and Community Services (the Department) to prevent the continuing sexual abuse of two children who were the subject of child protection proceedings in the 1970s and 1980s.

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