Employer and Employee Liability Quiz

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Questions and Answers

What is the primary purpose of the Office of Health Ombudsman (OHO)?

To manage the finances of health services

To regulate the pricing of medical treatments

To protect the health and safety of practitioners (correct)

To oversee the distribution of medical supplies

Under the Health Practitioner Regulation National Law, what does the National Registration and Accreditation Scheme (NRAS) aim to enhance?

Number of registered health practitioners

Accessibility of healthcare services

Financial profitability of health services

Safety and quality of healthcare (correct)

Which agency is responsible for the regulation and registration of paramedics in Australia?

Council of Health Professionals (CHP)

Australian Medical Association (AMA)

Australian Health Practitioner Regulation Agency (AHPRA) (correct)

National Health Safety Agency (NHSA)

What is one of the responsibilities of the OHO as outlined in the health ombudsman act?

To receive and deal with health service complaints Signup and view all the answers

What does the National Law specify regarding the scope of practice for paramedics?

Paramedics must practice within their qualifications and competencies Signup and view all the answers

What is a requirement for paramedics to be registered under the National Law?

Holding an approved qualification and passing a criminal history check Signup and view all the answers

What type of incidents are ambulance officers required to report according to the provisions of the Act?

Certain incidents or conditions encountered during their duties Signup and view all the answers

How does the OHO contribute to health service delivery?

By facilitating responsive complaint management Signup and view all the answers

What is vicarious liability in the context of employer responsibility?

Employers can be held liable for wrongful acts of employees performed in the course of employment. Signup and view all the answers

Under Australian WHS laws, what is the primary obligation of employers regarding workplace safety?

To eliminate or minimize risks as far as reasonably practicable. Signup and view all the answers

What legal acts are mentioned as part of employer liability concerning discrimination and harassment?

Sex Discrimination Act 1984 and Racial Discrimination Act 1975. Signup and view all the answers

When can employers demonstrate they are not vicariously liable for harassment by an employee?

When they can prove they took all reasonable steps to prevent the conduct. Signup and view all the answers

In what circumstance can employees in Australia be personally liable?

For serious misconduct or actions harming others or the business. Signup and view all the answers

What actions might lead to individual employee liability under WHS laws?

Creating risks through breaches of WHS laws. Signup and view all the answers

Which of the following best describes the employer's duty of care?

Employers must provide safe working conditions and prevent harm as much as possible. Signup and view all the answers

What could happen if an employer fails to meet their safety obligations?

They may face negligence claims for resulting injuries or illnesses. Signup and view all the answers

What is the primary aspect of autonomy in healthcare?

The right to make informed decisions regarding treatment. Signup and view all the answers

Which factor can challenge a person's autonomy in healthcare decisions?

Cultural influences that contradict personal beliefs. Signup and view all the answers

Informed consent requires that patients are:

Fully informed about their diagnosis and treatment options. Signup and view all the answers

What does the principle of self-determination involve?

The authority of individuals to make choices about their lives. Signup and view all the answers

Which of the following best describes 'agency' in the context of autonomy?

Independence from controlling forces. Signup and view all the answers

In what scenario might surrogate decision-makers be necessary?

When a patient has mental incapacity or is under coercion. Signup and view all the answers

What is a significant condition for respecting patient autonomy?

Patients should be free to ask questions and seek information. Signup and view all the answers

Which statement is true regarding autonomy and rights?

Autonomy is a subset of human rights in healthcare. Signup and view all the answers

What does Section 157B of the Public Health Act 2005 permit police and ambulance personnel to do?

Detain and transport a person who is incapacitated Signup and view all the answers

What is NOT included as a requirement for detention under Section 157C of the Public Health Act?

The person must have capacity to understand their situation Signup and view all the answers

What kind of power specifically pertains to health and remains effective even if the principal loses capacity?

Enduring Power of Attorney Signup and view all the answers

What authority do health attorneys have regarding medical treatment?

To make decisions when the principal cannot communicate their wishes Signup and view all the answers

What is a requirement for health attorneys when making decisions on behalf of the principal?

They should act in the best interests of the principal Signup and view all the answers

What distinguishes a General Power of Attorney from an Enduring Power of Attorney?

Enduring Power remains effective if the principal loses capacity Signup and view all the answers

Which responsibility does Section 157C NOT place on paramedics during detainment?

Advising the person on available treatment options Signup and view all the answers

What is the primary intent of the Power of Attorney Act 1998 concerning appointed attorneys?

To allow attorneys to manage personal, financial, and health matters on behalf of principals Signup and view all the answers

Why do laws treat children differently than adults?

There is a power imbalance between adults and children. Signup and view all the answers

What is a common misconception about harm experienced by children?

All harm comes from malice or malevolence. Signup and view all the answers

What is the role of healthcare providers in identifying child maltreatment?

They play a crucial role in identifying and recording information about potential maltreatment. Signup and view all the answers

Which group of healthcare providers is required to report suspected child maltreatment under specific acts?

Doctors, nurses, and midwives under designated laws. Signup and view all the answers

Which of the following actions could lead to a legal consequence for a healthcare provider in Queensland?

Failure to document a child's disclosure of abuse. Signup and view all the answers

What do changes in mandatory reporting laws primarily focus on?

Sexual offences against children. Signup and view all the answers

How are children exposed to domestic violence more likely to experience maltreatment?

They are 3-9 times more likely to be maltreated than those not exposed. Signup and view all the answers

What should healthcare providers be cautious about when reporting suspected maltreatment?

Writing factually and accurately about their observations. Signup and view all the answers

What should healthcare providers consider when assessing a child's injury?

Potential self-infliction or other children's involvement. Signup and view all the answers

Study Notes

Employer Liability

Employers can be held liable for employee's actions that occur during work, known as vicarious liability, this includes harassment, discrimination, and negligence.
Employers have a duty of care to employees to provide a safe work environment under Work Health and Safety Act 2011 (Cth) or similar legislation.
Employers are prohibited from discrimination based on protected characteristics, under Sex Discrimination Act 1984 (Cth), Racial Discrimination Act 1975 (Cth), Disability Discrimination Act 1992 (Cth), and Age Discrimination Act 2004 (Cth).

Employee Liability

Employees can be held liable for misconduct outside of their professional duties or breaching workplace policies, especially if harming others or the business.
Employees have a duty to take reasonable care for their own safety and others according to WHS laws, failure to do so may result in disciplinary actions or prosecution.

Reporting Obligations

The Act requires certain incidents or conditions to be reported, ensuring accountability and transparency in operations.

Role of OHO

The Office of the Health Ombudsman protects health and safety of practitioners and promotes high standards in health service delivery.
The OHO is responsible for receiving health service complaints and dealing with systemic issues in the health system.

Governance of Paramedics

The Health Practitioner Regulation National Law Act 2009 (National Law) governs the regulation of health practitioners in Australia, including paramedics.
The National Law established the National Registration and Accreditation Scheme (NRAS) for the registration and accreditation of health practitioners across Australia.
Paramedics are regulated by the Australian Health Practitioner Regulation Agency (AHPRA).
Paramedics must meet specific criteria for registration which includes an approved qualification, proficiency in their field, and passing a criminal history check.

EEAs within Public Health Act 2005

Section 157B of the Public Health Act 2005 (Qld) allows police and paramedics to detain and transport a person if they meet certain criteria.
Section 157C states paramedics must ensure the person understands they are being detained and transported to an appropriate place of care.

Role of Power of Attorney Act and Health Attorneys in End of Life Care

The Power of Attorney Act 1998 allows individuals to appoint attorneys to make decisions for them regarding personal, financial and health matters when unable to do so themselves.
There are two types of powers of attorney: General and Enduring.
Enduring Power of Attorney specifically pertains to personal and health matters and remains in effect even if the principal loses capacity.
Health attorneys have the authority to make decisions about medical treatment on behalf of the person when they cannot communicate their wishes or decisions.
Health attorneys must act in the best interests of the principal.

Autonomy

Autonomy refers to an individual’s right and capacity to make informed choices about their own life and health care.
Respect for patient autonomy is essential in healthcare practice.
Healthcare professionals are obligated to provide patients with all necessary information regarding their conditions and treatment options enabling informed decision-making.
Factors such as mental incapacity, coercion, cultural influences, and societal norms can challenge autonomy.

Right to Self-Determination

The right to self-determination refers to the principle that individuals have the authority to make choices regarding their own lives, including their health and personal care.

Capacity

Capacity is a key element of autonomy.
There is a power imbalance between adults and children and therefore the law treats children differently.
Children's rights are vested in care givers.

Child Maltreatment and Child Protection

Maltreatment and abuse are used interchangeably to refer to harm suffered by children from adults and other children.
Adverse childhood events can include abuse and neglect, but also other things such as exposure to violence or bullying, which can be as damaging as being a victim of abuse.

Responding to and Reporting Responsibilities of HCPs

Children cannot protect themselves and rely on others to shield them from harm.
EMS providers have an important role in identifying and recording information about child maltreatment as they are often called to the home, information other HCPs may not see.

Mandatory Reporting

Doctors, nurses (and midwives) are mandated to report suspected child maltreatment under the Public Health Act (QLD) and Child Protection Act (QLD).
Mandatory reporting helps remove doubt about whether a report should be made.
Child protection is part of a HCP's care profile.

Failure to Protect a Child from Sexual Offence and Failure to Report/Disclose Sexual Offending

The Criminal Code (Child Sexual Offences Reform) and other Legislation Amendment Act 2020 received assent in September 2020 to incorporate recommendations to Qld law to address failure to protect a child from sexual offence.
This places a positive obligation on third parties to report, failure to do so may lead to criminal conviction.
The offences relate to those under 16 years of age.
HCPs can be charged with failure to report if they treat a patient who makes a disclosure and this is not documented.
QLD Health is an institution under these amendments with a requirement to report.
The next section relates to any person including ordinary citizens.

Legal Test for Capacity in MH Act 2016, Powers of Attorney Act and the Dictionary of the Guardianship Act

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Description

Test your knowledge on the key concepts of employer and employee liability, including vicarious liability, duty of care, and discrimination laws. This quiz will help you understand the legal obligations employers and employees have under various safety acts and discrimination legislation.