Practice Expertise
- Litigation and disputes
Areas of Practice
- Litigation and disputes
Profile
Through my role as chair of MinterEllison's industry program, I ensure that we remain at the cutting edge of developments and anticipate future trends for each industry. By leveraging specialised knowledge, our clients benefit from insights that drive innovation and competitive advantage within their specific industry landscapes.
I also lead the integrated legal, consulting and business operations of our AI Client Advisory practice. Our co-designed collaborative approach allows clients to embrace with confidence the opportunities offered by AI, while mitigating risks and ensuring the safe and responsible application of this transformative technology.
With more than 28 years' experience at MinterEllison, I am highly regarded for my in-depth understanding of the health industry, and its associated opportunities, risks, regulation and funding. I develop long term relationships with the firm's clients and provide practical solutions that are tailored to each client’s specific needs. By taking a person-centred approach, I place our client's objectives, workforce and consumers - whether they be patients, residents, research participants or customers - at the centre of all that I do. I am regularly called upon to solve our client's most complex challenges, which I do in a responsive, commercial and outcome focussed way. Due to my intimate knowledge of the industry, I work with the firm’s corporate and project lawyers to co-ordinate and deliver practical, industry-specific, client-focused advice related to health transactions, projects and investments. I also assist clients of the firm navigate the fast-moving AI environment with confidence to maximise opportunities while mitigating risk.
Career highlights
- Acted as lead legal adviser in significant reputational matters, including health privacy breaches; matters where hospital patients contracted legionella; public health readiness and emergencies; device recalls; call backs from infection control breaches; potential issues with public health screening
- Key external advisor for a State Health Department throughout the course of the COVID-19 pandemic, providing strategic advice, drafting directions and representation in inquiries
- For over 28 years, managed portfolios of claims, litigation, coronial inquests and responses to regulatory investigations for health clients across Australia
- Manage a 24/7 client assistance service, helping hospital executives, clinicians and in-house legal counsels with urgent clinical management queries and management of significant adverse outcomes
- Represented clients during the Queensland Public Hospitals Commission of Inquiry, Queensland Health Payroll System Commission of Inquiry, Royal Commission into Aged Care Quality and Safety, Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability and the Commission of Inquiry into Forensic DNA Testing in Queensland
- Conducted, as part of a multi-disciplinary team, safety and service reviews of health services to address identified issues and improve safety
- Drafted health practitioner by-laws for private hospital organisations throughout Australia, and subsequently managed enquiries regarding credentialing applications, scope of practice reviews – internal and external, suspension of accreditation, termination of accreditation, internal appeals and associated court applications
- Advised on the regulatory, risk, data and funding aspects of acquiring or investing in companies across the full spectrum of the health industry in Australia
- Advising clients on AI integration within their operations by establishing frameworks, guardrails and accountability processes for the safe and responsible design, deployment and use of AI.
Education
BCom, LLB (Hons)
Areas of Practice
- Litigation and disputes
Professional Career
- Member, Medico-Legal Society of Queensland
- Member, Human Research & Ethics Committee, Royal Brisbane & Women's Hospital
Articles
Early adopter's playbook: Deploying AI in healthcare
By Shane Evans |February 2024Early adopter's playbook: Deploying AI in healthcare
By Shane Evans |February 2024Restrictions for Queensland Care Workers Based on COVID-19 Vaccination Status
By Shane Evans, Michael Thomas, Nicole Morgan |August 2021
- TGA report reveals many cosmetic products and services are being advertised illegally
A new TGA report appears to reveal a very limited understanding among the industry and consumers regarding the regulatory framework for cosmetic products and services which are therapeutic in nature.
- Entering the future: Use of AI in the healthcare sector
How are healthcare providers actually using AI? Here is a brief survey of the market.
- Top five tips for defensible decision making in the healthcare sector
Leaders of healthcare organisations are making tough and rapid decisions about critical responses to the unfolding COVID-19 pandemic. What can you do now to safeguard your organisation against potential hindsight scrutiny?
- Restrictions for Queensland care workers based on COVID-19 vaccination status
A new public health direction in Queensland is one of the first in Australia to place differing restrictions on people based on their vaccination status – and could set a precedent for other jurisdictions.
- COVID-19: Queensland's new regulation-making powers impact the health industry
New regulation-making powers in Queensland are likely to introduce numerous changes to legislative requirements in 2020, including possible implications for health organisations. On 23 April 2020, the COVID-19 Emergency Response Act 2020 (Qld) came into force, providing broad regulation-making powers for a number of purposes.
- Responsible use of AI: New Australian guardrails released
We explore the Australian Government's two newly released publications to guide the development and deployment of AI in Australia.
- Early adopter's playbook: Deploying AI in healthcare
The transformational power of AI is set to redefine the modus operandi across various sectors, including healthcare. The life sciences sector in particular are already realising the benefits of AI. Their shared experiences offer other health organisations the opportunity to pre-empt some of the challenges associated with AI.
- National Framework for the Assurance of AI in Government
Federal, state and territory governments have released a new National Framework for the Assurance of Artificial Intelligence in Government.
- Pharmacy Board alleges professional misconduct by pharmacists
Applications filed against two registered pharmacists in relation to alleged acts of professional misconduct, unprofessional conduct and/or unsatisfactory performance. - A right to life: implications for public health services
In international human rights law, the right to life is considered a 'supreme right' and arguably the most fundamental of all human rights. We discuss some of its implications for the public health sector.
- Telehealth services shaping healthcare delivery beyond COVID-19
During the COVID-19 pandemic, the health sector in particular has seen greater innovation in how technology can be used to deliver healthcare to accommodate for social distancing. The provision of telehealth services may have public health benefits beyond the pandemic and shift the future delivery of healthcare.
- Australian Life Sciences and Biotech - Key themes and trends
The Australian life sciences and biotech sector is likely to continue its resurgence over the next twelve months, with global trends driving strong M&A activity in life sciences and biotech M&A. We have identified 6 key themes for activity in this sector. - Innovation meets regulation: Medical devices and artificial intelligence
When is Artificial Intelligence (AI) in medical devices regulated? This article provides a quick summary of the key things healthcare providers and innovators need to know. It also outlines the key implications of updated guidance by the Therapeutic Goods Administration (TGA) on 3 July 2024.
- Harnessing meaningful innovation to transform the health industry
We examine how organisations can unlock meaningful digital and data innovation to enable safe digital transformation that both improves patient outcomes and clinician experience.
- If hospitals could fly, lessons from aviation
We recently hosted over 100 clients from the health sector to challenge ourselves: Can we and should we be doing more to improve quality and safety outcomes in our health system?
- COVID-19: Non-essential visitors restricted from Queensland hospitals
From 12am today, non-essential visitors to hospitals in Queensland are prohibited, in order to limit the spread of COVID-19.
- Voluntary Assisted Dying in Queensland
Overnight, Queensland has become the fifth Australian State to legalise voluntary assisted dying. We explore key considerations for entities operating in the health, aged and care services sectors to prepare for implementation.
- Healthcare's deal boom
M&A Outlook: Australian Healthcare 2018
Our new M&A Outlook: Australian Healthcare 2018 report has analysed global and Australian M&A activity in the healthcare sector. It identifies key commercial drivers, risks and challenges, high-level observations and lessons learnt, and how they all impacted on the local market and deals up until 30 June 2018.
- Disability Royal Commission: Terms of Reference released
Following the announcement of 5 April 2019 by the Prime Minster, Scott Morrison, of the Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability, the Terms of Reference and Commissioners have now been announced.
- Ahpra introduces AI guidelines for health practitioners
Ahpra recently published guidelines outlining how health practitioners can meet their existing professional obligations when using artificial intelligence (AI)
- Shifting consumer expectations in healthcare – it's an empowerment game
A recap from our Patients Aren't Widgets seminar.
How new technologies and changing consumer expectations is signalling disruption to the health industry and the importance of finding ways to better measure and translate patient satisfaction and outcomes.
- New regime to regulate medicines and poisons in Queensland
The Medicines and Poisons Act will bring sweeping reforms to the regulation of certain substances in Queensland. We highlight key changes for regulated medicines, focussing on real-time prescription monitoring, streamlined authorisation processes and the new offence provisions. - Changes to telehealth: what you need to know
Ahpra's new Telehealth Guidelines will come into effect on 1 September 2023. The Guidelines will change when and how doctors can provide telehealth consultations.
- Can new technology help tackle Australia’s opioid crisis? MinterEllison and Scriptwise host industry experts
Electronic records and real-time prescription monitoring hold the potential to enable new ways to prevent harms associated with prescription medication use. Industry experts in attendance called for clear legal principles around what the duty of care looks like in the age of electronic records.
- 5 drivers to exceptional Patient Experience
What do healthcare and hospitality have in common? More than we think. Healthcare reform is pushing the industry into uncharted territory. Healthcare providers must make decisions without precedent, and consumers are savvier than ever. - Accelerating AI in healthcare are you ready to adopt
From data readiness and clinician engagement to the safe introduction and ongoing monitoring of AI, all healthcare organisations should be familiar with the recipe for a safe and successful AI strategy in healthcare.
- Shared medical record platform in Victoria
This article summarises the changes to the Health Services Act 1988 (Vic)(HSA).
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