1. Workplace Health and Safety Disclosure obligations to third parties ANDREW TURNER

2. NEW LEGISLATIVE FRAMEWORK 1 January 2012 – Federal Work Health and Safety Act with Codes of Practice www.safeworkaustralia.gov.au

3. Risk Assessment & Management Persons Conducting a Business or Undertaking Has a duty of care for any worker (includes employee or independent contactor) To ensure a safe place of work and Safe processes of work

4. Hierarchy of Control ELIMINATE - where possible, eradicate the risk from the workplace ISOLATE – if elimination is not possible, then remove risk from staff MANAGE – where a risk is encountered on a daily basis, management to plan in advance.

5. Management’s Responsibility Remember you owe many duties of care: To your staff as well as to your patients. The biggest risk to be managed is people. You must take adequate safety precautions, which includes document, incident reporting and consultation and communication.

6. Code of Conduct for patients Do you have a code of conduct? If patients, their family or carer are unable to maintain appropriate conduct then you must eliminate the risk. What happens when a patient breaches their obligation to you? How to respond?

7. How to manage staff members? Why is this relevant for work health &safety? If you have reason to performance manage or counsel (with a view of terminating) an employee then you must ensure you’re following the course of reasonable management action

8. Reasonable Management Action An employee can lodge a claim to WorkCover Queensland for psychological injury/stress related claim. On the basis that their workplace was responsible for causing them injury/illness. To defend this claim you need to establish reasonable management action.

9. WorkCover Queensland An employee is reasonable for their employee’s conduct while at work and in the journey to and from the workplace. Do your staff work from home? If so, there is also the possibility that you are responsible for their conduct. Your policies apply to all employees at all times

10. Codes of Practice Two Codes of Practice relevant to your ongoing management responsibility: 1.Preventing and Responding to Bullying 2.Consultation, communication and coordination

11. In Summary: 1.Introduce bullying, harassment and anti discrimination policy 2.Introduce consultation: intranet, regular emails, staff meetings etc.

12. Third party disclosure obligations In any legal matter, (either motor vehicle, WorkCover, public liability) when you receive a request for a copy of a patient’s file, what are your obligations? Any request for documentation will with a signed consent form from the patient.

13. National Privacy Principles Any patient who requests their medical history is entitled to a copy under NPPs. The Doctor has the discretion to withhold under certain circumstances A lawyer requesting this information on their client’s behalf, is equally entitled to it.

14. Reasonable Administration Fees Where you incur costs in producing this file, then it is appropriate that you pass these costs onto the law firm, and ensure payment is settled prior to providing notes/files. What about the situation where a specialist says their notes are not to be provided?

15. Subpoena or Summons Where a court document is served, you must comply with the directors or risk being held in contempt of court. You must provide the files/appear in person, and in these circumstances you cannot charge for your time, although sometimes payment will be offered as a gratuity.