The NDIS boundary between state health provision and disability

Introduction A review by the Administrative Appeals Tribunal considered whether swallowing supports were part of the necessary supports provided under the National Disability Insurance Scheme (NDIS) for a severely disabled man who had difficulty swallowing (dysphagia) or a responsibility of the State general health system. Issues Two eating plans involving thickened [...]

2019-06-27T09:00:49+00:00June 27th, 2019|

Human Rights legislation passed

On 27 February 2019 the Queensland Parliament passed the Human Rights Bill without amendment with an expected commencement on 1 January 2020. Many non-profit bodies receiving government funding for community services will come under the provisions for those funded services. Some community advocacy bodies will use the provisions to advocate for [...]

2019-06-27T08:41:09+00:00June 27th, 2019|

A Scottish case around liability for care

Introduction Turning Point Scotland (charity) operated a facility in Glasgow offering help and accommodation to homeless people with an addiction to alcohol. Francis Hughes suffered from severe alcoholism and died in their care within hours of admission. Facts Mr Hughes was assessed and offered a place in the charity's Crisis Residential [...]

2019-06-27T09:13:31+00:00June 27th, 2019|

Royal Commissions – a primer

Introduction In Australia, royal commissions have usually been investigations into police and government corruption and organised crime using the very broad coercive powers of the royal commissioner to thwart protective systems that corrupt public officials had used to shield themselves from conventional investigation. However, more recently the focus has been outside [...]

2019-06-27T11:24:51+00:00June 27th, 2019|

Restraints of trade in an NDIS era

Most employers are aware that restraints or restrictive covenants in employment contracts are notoriously difficult to enforce.  Generally, provisions which impose restrictions on a person's ability to make a living are void and unenforceable (because such a restriction is seen as unreasonable from a public policy perspective).  Despite this, a restraint [...]

2019-06-27T10:33:00+00:00June 27th, 2019|