Documents piled up

New Obligation for Hospitals - Consultation Paper

Michael Gorton AM

The Victorian Government is considering legislative reforms arising from the Duckett Review. One of the recommendations was the introduction of a Statutory Duty of Candour for Victoria.

This will place a legislative obligation on hospitals in Victoria to advise patients and consumers of healthcare of adverse incidents in their care, and ensure that they are provided with sufficient information and, where appropriate, receive an apology, for harm caused.

In one sense, this legislates obligations for “open disclosure”.

Russell Kennedy Principal, Michael Gorton AM, has been appointed by the Minister of Health to Chair an Expert Working Group providing advice on the legislative reforms.

consultation paper has been issued, and the Expert Working Group is consulting with stakeholders across the Health system in Victoria in relation to these proposals.

Further information, including details on how stakeholders can have their say, are included in the consultation paper.

This could be a significant reform, which will mean a high level of assurance and governance for Health Service Executives and Boards in relation to adverse incidence in hospitals, and where patients may have been harmed.

For more information, please contact Michael Gorton AM, Principal on (03) 9609 1505.

If you'd like to stay up to date with Russell Kennedy's insights, please sign up here.

View related insights

Hospital Facade

New model for Clinical Governance for Australian Health Services

7 Jul 2026

New model for Clinical Governance for Australian Health Services

View
Health alert july human tissues law - 360 x 240

ALRC to inquire into Human Tissue Laws

2 Jul 2025

The Australian Law Reform Commission (ALRC) has published an Issues Paper entitled “Review of Human Tissue Laws” (Issues Paper) with submissions closing on 4 July 2025.

View
Health Alert Jan 2025 Thumbnail

Proposed amendments to Health Practitioner National Law

28 Jan 2025

New proposals for amendment of the Health Practitioner Regulation National Law have been introduced into the Queensland Parliament. If passed in Queensland, it effectively amends the similar legislati ...

View