Category Archives for Assistive Articles

2 Things Cyclists Need To Get Police To Take Action Against Dangerous Drivers

You need evidence.  And the two big ones will be video evidence and your own statement.  But it's not 'what' evidence you need that counts as much as it's the 'how' it is presented.  Read on...right to the end.

What do the police need?

To successfully prosecute a driver in Court, it is necessary for Qld Police to have evidence to support the case.

The police prosecutor must be able to prove the case.

What are the four things the police will consider?

Well, they don't need you to take your evidence to the police in Scotland, but no doubt sometimes you probably feel as if that might get you a better result.

So here's what they do need.....

If you say one thing and the driver of the vehicle contradicts what you say, then the police officer (and ultimately the Court if police prosecute the matter) will have to decide which version they accept.

In order to convince police of your version, you need to be able to present them with solid evidence. 

You can help persuade them…

Qld Police will then make the decision as to whether they iIssue a traffic infringement notice (and ultimately prosecute the matter in the Court).

They will do so  on the basis of all of the evidence that is available to them at the conclusion of their investigation into the incident. 

They will critique:

  1. the reliability of the evidence;
  2. your character; 
  3. the character of the driver, and
  4. the character of any independent witnesses to the incident.

The first two are particularly important...

...in many cases where the cyclist is reporting a 1m breach, the police will not have spoken to the offending motorist.

emily Billiau

principal, Cycle law

What evidence can the police accept?

Evidence can take several forms – for example, it may be lead in the form of documents, witness statements and video recordings.

What are the Rules of Evidence

In Queensland, the Evidence Act 1977 (Qld) prescribes the rules which govern the procedure and admissibility of evidence in the Courts.

The rules are aimed at ensuring fairness.

Evidence will only allowed into Court (admissible) if it is relevant.

And it is only relevant where its existence tends to indicate that one of the facts in issue (or one of the versions (yours or the drivers)) is more likely than the other.

get RELEVANT evidence

Evidence  is only relevant where its existence tends to indicate that one of the facts in issue (or one of the versions - yours or the driver's) is more likely than the other.

Exclusion of evidence - what won't be considered?

While generally speaking, evidence that is relevant will be admissible, there are a number of exclusionary rules that may prevent evidence from being considered by a Court.

Probably the most well known exclusion is that of hearsay.

Hearsay evidence will not be admitted.

For example, if Emily tells Ashley that she had seen a third person, Anne (a motorist), pass a cyclist only allowing a gap of 0.5m, Ashley would not, as a general rule, be able to give evidence of Emily’s statement against Anne in Court.  

One of the other more common exclusions relates to opinion & expert evidence.

When a person gives evidence it ought to be a direct account of what that person actually saw.

A person's interpretation or opinion cannot normally be admitted as evidence.

For example, if Emily, Ashley and Anne were riding together in single file (and in that order), and Anne was clipped from behind by a motorist, Emily and/or Ashley could not give that they assume Anne was clipped by the motorist because they did not actually see that occur.

OK, so how about my video evidence then?

Video evidence is a good place to start.

If it captures the incident itself, it cannot easily be excluded as hearsay or opinion evidence. It has to be taken at face value.

And whilst the video might not capture everything, it is a much better starting point than the usual “he said, she said” incident police are faced with.

Video sounds great, is there anything else I need?

    A well prepared written statement (that you can do yourself) will go a long way to letting the police know you are serious    

Written statements should include enough factual and persuasive information as possible.  If you do most of the work, you are making  it easy for the police - and you will most likely get a much better response.


The statement should  include things like your personal details, geography descriptions, date and time, position of other roads and traffic islands etc, how the accident occurred and so on.

Get our free statement template

We have prepared a document to help cyclists prepare their own incident statements. 

It is kept in a closed facebook group called "The Revolution".

The Revolution is comprised of like-minded cyclists who are pushing for reform to make our roads safer.  Join the group and get the statement template.  You can also participate in an active online community that is troll free.

Join The Revolution With One Click (and Get Free Access to the Statement Template)

Once inside The Revolution, look for this post...

...or do this....

3 Reasons Why Motorists Can’t Push Cyclists Off the Edge

You don’t have to ride on the shoulder of the road.

The law of the left edge

In Queensland, the Transport Operations (Road Use Management—Road Rules) Regulation 2009 prescribe the rules which must be followed by road users.

So let’s get some of them down:

  • Section 129 (1) states that a driver (rider), on a road other than a multilane road, must ride as near as practicable to the far left side of the road; (so we get where the motorists are coming from)
  • Section 129 (3) states that the road does not include a road related area; (so what is a road–related area?)
  • Section 13 (2) (a) states that the shoulder of the road is a road related area
  • Section 13 (3) (b) (ii) states that any area outside an edge line is a shoulder

If it's not safe on the left edge, don’t ride there

The short of this – if there is a wide shoulder that does not mean the cyclist has to occupy the shoulder.

Cyclist often will ride on the shoulder as a matter of courtesy. However, they should only do so if it is safe.  

Unless you had a death wish you would NOT STAY LEFT on the road pictured above - and you would be entitled to move into the centre of the lane.

The law states that you are to ride as near as practicable to the far left side of the road (and this does not include the shoulder).

Proving the left edge is not safe

The words “as near as practicable” are open to interpretation.  Whenever anything is open to interpretation, it is important to gather compelling evidence that can sway this ‘interpretation’ in your favour.

 If the edge of the road is in a bad way...

  • chipped, 
  • cracked,
  • bitumen breaking away
  • sunken depression
  • potholes

...then it will be reasonable/practicable for you to move towards the centre of the lane.

A video camera on the front of your bike will capture the condition of the road – your compelling evidence.  Live ‘date-stamped’ footage will be extremely powerful should you be involved in a ‘near miss’. Particularly if the offending motorist claims you were not as far to the left as you should have been.

get evidence

A video camera on the front of your bike will capture the condition of the road – your compelling evidence.  Live ‘date-stamped’ footage will be extremely powerful should you be involved in a ‘near miss’. Particularly if the offending motorist claims you were not as far to the left as you should have been.

What should you do with the video evidence?...Here's one idea...

    THERE IS A PLACE FOR THOSE OF US WHO WANT TO LIVE ON THE EDGE OF CHANGE!     

Cycle Law and Bicycle Queensland have teamed up to create a strongly policed, closed Facebook community for cyclists called The Revolution

  • Video footage from members of the group will be openly discussed and shared. 
  • Highly experienced litigation lawyers will provide tips as to how best gather the right kind of footage (that will stand up to the sting of battle in a court-room).
  • The aim is to collect hours and hours of this type of ‘robust’ evidence.

It will assist with law reform bids to make cycling safer and our community healthier.

Join the Revolution With One Click

Leading Brisbane Lawyer Urges Cyclists To Get Video

In recent years on-bike-cameras have emerged as a must-have among cyclists.

They have also become a common feature in social media, with videos capturing horrific incidents involving cyclists and other motorists.

Take, for example, the incident involving a young father and husband who was devastatingly struck by a passing car on his daily commute to work (see video below).

The footage is shocking – it captures the moment that the vehicle, which was travelling in the same direction, struck the young father throwing him to the ground at high speed. You can hear his screams and his tears of pain.

In the following hours, the young father would lose litres of blood and spend hours in surgery. His life changed forever.

There was also the astonishing footage out of the United Kingdom of the driver who intentionally swerved onto the wrong side of the road and drove head-on at a cyclist. It would have been very difficult to comprehend without the footage.

What are the advantages of running a camera?

We speak to  Emily Billiau, our Cycle Law Expert who understands the issues cyclists face and has dealt with over 500 cycling accident claims in her legal career.

“Overall, I think there are some key advantages to cyclists using cameras:-

  • 1
    Deters motorists who would otherwise break the law
  • 2
    Gathers evidence to help the police prosecute these law-breakers
  • 3
    Raises awareness that there is zero tolerance for illegal behaviour on our roads."

Keep pests away.

One of the main advantages of cameras would have to be deterrence. With the increasing use of cameras, comes the increasing risk to impatient motorists that they will be captured on camera.

“Not only will the actions of irresponsible drivers be captured, but they can also be identified and reported to the police.  The cyclist haters will now have to think twice before cutting in close or hurling abuse.”

- Emily Billiau

And logic would suggest that that might be enough to deter a small number of people who might otherwise deliberately target cyclists or be inclined to leave the scene of an accident.

We have your number. 

Secondly, the footage captured on cameras can have great evidentiary value. They can help cyclists with establishing liability/fault.

“Our goal at Cycle Law is to help cyclists’ present video evidence to the police so that the police can charge irresponsible motorists and issue them with demerit points.  Ultimately drivers who continually and repeatedly break the law will lose their license.  
The law will remove them from the road.  Then the roads will be safer for cyclists.

- Emily Billiau

Beware, awareness is coming. 

And thirdly, with captured footage regularly featuring on the news and in social media, the video will help raise awareness of the vulnerability of cyclists generally on our roads. Hopefully, other motorists will come to appreciate the catastrophic effects that their actions can have on cyclists.

There are many different models of cameras available to cyclists. One of the best on the market is arguably the new Australian invented Fly-12.

With a significant number of road rage incidents and liability disputes in collisions involving cyclists, the camera footage could be vital.

Cycliq Fly12 HD

  • check
    1080p HD Video Recording
  • check
    10-hour battery life
  • check
    All-weather protection
  • check
    WiFi and Bluetooth connectivity

Join us in the fight for law reform and try and win a camera (10 to giveaway)!

Next month Cycle Law will be giving away ten Fly-12 cameras to start the process of identifying the Queensland drivers that make roads unsafe for cyclists.

Emily Billiau | Principal
(07) 3014 6590
[email protected]

Road to Recovery: Top tips to get back after an accident

For this month's contribution from Maximize Health Group, we decided to get some advice on accident recovery. 

We have again enlisted the help of Physiotherapist, Sean McCoola. Sean brings experience to his clients from 20 years as a physiotherapist and has a particular interest in sporting teams and rehabilitation programmes.

Read on to see his insights and get his top tips on accident recovery. 

What are your 3 top tips for recovery post-accident?

Stay positive

Return to your normal daily activities as soon as possible including work, exercise and hobbies. Research has shown that if you return to normal movement and daily tasks your recovery will be quicker. Some pain during the recovery process is expected and does not automatically mean that further injury is being caused. Obviously with some injuries you will need to modify how you perform your activities. Planning and advice will be required to address the modifications.

Manage yourself

Make sure you are doing everything that you can do to speed your recovery. If you engage in your own management, start normal activities, complete your exercises and follow/seek qualified advice on your injury, I can promise you will get better, sooner.

Set goals

Be realistic but aim to push your limits. You may need to be adaptable depending on the severity and type of injury, but goals that are a stretch will continue to give you the drive you need to recover to the highest levels that are available to you.


What Are The Best products that can be used post-accident?

Treatment products

The more you can treat yourself, the quicker you will recover. This can be a self-massage product, electrotherapy machine or a brace. The list of products is endless. Find out what you need to work on the most for your injury and search out the appropriate product/s that will allow you to work on it.

Exercise Products

The quicker you can exercise the faster you will recover. Over the years the consistent indicator of better recovery has been clients that have pushed themselves to exercise. It could be as simple as appropriate footwear to walk in, an exercise bike or a gym/pool membership. Make sure to access whatever you need to enable you to participate in general exercise and the more specific exercise for your injury type. It is one of the key factors in your recovery.

Self-help products

Access what you need to return you to normal daily activities. For some, this may be an electric wheelchair and others a brace. It can be as simple as a change in pillow or as complex as major home modifications. If you need a product to return you to your normal activities of daily living (or as close as possible to the activity) make sure to access it as quickly as possible. The sooner you return to pre-injury activity levels available to you and your injury, the sooner you will recover.

Medication

Prescribed medication can be useful. You do need to get the appropriate advice and follow it, but medication can be a useful tool in your recovery. I’ve had clients who have refused medication due to fear of the unknown. I believe they would have recovered sooner, and at times, to a better result, if they had understood the role medication could play in their recovery. Get the right advice on medication and comply and you will benefit in your recovery.

How important is maintaining mobility during recovery?

Maintaining mobility is essential to recovery after injury due to an accident. Of course, this will be modified and adapted in relation to your injury and your stage of recovery. Move it or lose it applies. Mobility aides, medication and some extra thought may be required to continue your progress, but the results will be worth the effort.


What are your top 3 tips to maintain mobility after an accident?

1. Make it an all-important goal

Prioritise mobility for getting around and moving your body as quickly as is reasonable post injury. The sooner you move the sooner you improve your level of independence and the sooner your recovery will progress.

2. Advice from the experts

From the use of crutches to getting out of bed to learning how to use a wheelchair to move that injured joint, there are always “best practice” ways to be most efficient in maintaining mobility in getting around and moving your body. Talk to the professionals who regularly advise on this topic such as a physiotherapist and you will reach your mobility goals sooner.

3. Persistence

As in all things, persistence will win the war for your mobility requirements. Many will take years to get to their best levels of mobility post injury.


Thanks Sean. 

Stay tuned next month for another article from Maximize Health Group.

In the meantime, if you have any questions regarding these tips, prevention of cramps or other health issues please do not hesitate to contact Sean on +61 7 3343 5494 or [email protected].

Back Pain Mythbusting 3 – Stress Doesn’t Impact Your Recovery

Back pain is an extremely common complaint. We frequently hear of back pain and injuries from our clients, and have found it to be a difficult hurdle to overcome despite its frequency.

We have enlisted the help of Physiotherapist, Donovan Baker from Queen Street Physiotherapy in Brisbane for his expert advice on back pain management. Donovan has extensive clinical experience in musculoskeletal and sports physiotherapy and has a keen interest in achieving manageable solutions for clients living with pain and limitations.

We sat down with Donovan to continue our back pain myth busting series. If you missed the last two articles in the back pain series, read it here.

Read on to learn so tips to managing your stress to ensure a speedy recovery.





CAN STRESS IMPACT SOMEONE’S RECOVERY?

You’re damn right it can, in a big way. And not in a hippy woo woo sort of way. I'm talking a scientific and biologically measurable kinda way. Now it’s going to get a little technical/nerdy, but hang in there. A book by Joyce and Lewindon (1) gives an excellent summary, ‘In the 1970s, Robert Ader, a psychologist and immunologist, showed that the mind and body communicate with each other in a bidirectional flow of hormones, neurotransmitters and cytokines. The brain and immune system represent a single, interactive system of defence. Thoughts, beliefs and emotions have neurochemical consequences on both the immune system and individual cells. Emotions and health interact. The immune system does not only fight sickness, it has a major role in tissue regeneration and injury recovery. Marucha et al. showed healing of mouth ulcers in dental students took 40% longer during exams than holidays.’

The interaction between all of these is governed by a little part of the brain, the hypothalamus. This little guy is super important as it organises everyday functions that we don’t even think about; body temperature, hunger, thirst, sleep, libido (wink wink). It also governs the body’s response to stress, acute and chronic. Acute stress response is very important. We’ve all heard of the flight/fight response, which is generally a good thing. Step onto road, oncoming car, jump back to avoid tackling a Ford Focus travelling 30km/h above the speed limit, give driver the finger, proceed to sweat profusely, feel heart palpitations, ponder the meaning of life, quit job and start painting like you always wanted to.

But chronic stress can be a bastard. It’s associated with overproduction of cortisol, and regarding injury recovery and rehabilitation, there is an increase in pro-inflammatory cytokines and decrease in anti-inflammatory counterparts. To sum up in one sentence, stress delays injury recovery significantly.





What other factors may slow recovery?

Lots of things and the rate at which it will slow recovery cannot be measured, but these factors can be mitigated. Sleep deprivation is big. You need at least the magic 7-8hrs/night. A study by Milewski et al. showed adolescents that go less than 8hrs sleep/night were 1.7x more likely to develop an injury. Same thing rings true with injury recovery. Sleep is the body’s time to recover and repair. Make sure you get enough.

Mood, emotions, anxiety and depression levels are all massive factors for injury recovery let alone holistic health, refer back to question 1 for the detailed answer as to how and why.




What are your top 3 tips for reducing the effects of these external influences?

1. Mindfulness. Now this might be leaning a little toward the hippy side for some, but don’t worry you won’t have to identify your spirit animal just yet (cough...grizzly bear). Numerous studies have shown how a regular practice of mindfulness, in whatever form that may take for you, has a huge impact on your mental health. I’m a big fan of people like Tony Robbins, Tim Ferris, Gary Vaynerchuk etc. These guys have interviewed the top 1% of pretty much every industry out there, and about 80% of these high achieving individuals do some sort of mindfulness. A lot meditate, others do activities where time becomes irrelevant and they get lost in something they enjoy, and others have gratitude journals. The key is the disconnection from the stressful stimuli we are bombarded with and to give the mind a break. Good things happen here.

2. Set boundaries. Learn when to say no. Setting healthy boundaries allows you to do your job properly without getting too stressed out. There are a ton of analogies that work here. You can’t pour from an empty cup, you need to put your own oxygen mask on before attending to children etc. But seriously it’s true. Yeah, we know sometimes it’s difficult/impossible to say no to certain things at work and life. Learn how to set those healthy boundaries. You’ll thank yourself.

3. Exercise. It’s easily the best thing you can do for your body; physically, mentally and emotionally. A cascade of endorphins, dopamine etc. is released from the brain as a result of exercise and you feel pretty awesome. Have you ever noticed how good you feel during the day and how much you can accomplish when you set the alarm, get out of bed early and do some exercise before you get to work? It’s outrageous! Not to mention all the metabolic diseases you are fighting off one burpee at a time. 10/10 highly recommend.


Thanks Donovan.

If you missed last month's article from Queen Street Physiotherapy on whether exercise and movement is bad for back pain, check it out below.

Back Pain Myth Busting 2: Severe pain means severe damage
Back pain is an extremely common complaint. We frequently hear of back pain and injuries from our clients, and have[...]
Back Pain Myth Busting 1 – Movement and exercise is bad
Back pain is an extremely common complaint. We frequently hear of back pain and injuries from our clients, and have[...]

Stay tuned for another article from the Queen Street Physiotherapy team in January. 

In the meantime, if you have any questions regarding this interview, treatment of back pain or other health issues please do not hesitate to contact Donovan and the rest of the team by visiting the Queen Street Physiotherapy website.

Queen St Physiotherapy offers ergonomic advice, custom made orthotics, running assessment, hydrotherapy, dry needling, remedial massage, exercise and stretching programs.

Calculating lost income: Why you should call in an expert

An injury often leads to time away from work. Whether you’re an employee, a contractor or a business owner; this usually means economic loss.

Compensation claims can cover for this loss, but figuring out how much to claim is not always easy. Find out why the Judge rejected Gary’s calculation (in Land v Dhaliwal & Anor [2012]), and how you can avoid the same outcome.

Gary's Story

Let me introduce you to Gary Land.

Gary had an interesting work history. Like many people, he’d tried a few things. He’d worked as a fitter and turner, a barman, a go-go dancer and a cleaner. He’d studied, he’d travelled, and he’d owned a doughnut business.

About 4 years prior, he became involved with bicycle shops – as an owner and also a mechanic. One year before the accident, Gary purchased the bike shop he was working at and took over the running of the business.

Gary was looking forward to building his business to support his family.

Gary's Dream

I have finally found something I am passionate about and good at. 
I am working hard to make this business profitable for me and my future family.
My wife and I are expecting our first daughter this year so I am really pulling out all the stops now.

Then the accident happened. Gary was cycling along Airport Drive in Eagle Farm, Brisbane when a taxi driver pulled in front of him. The driver came to an immediate and sudden stop. Gary was flung over the boot of the car. 

Gary suffered an extensive back injury and aggravated an existing knee injury. 

He underwent several surgical procedures to both his back and knee but was left with chronic pain.

After the accident, Gary couldn’t return to his normal life. He couldn’t stand for long periods, struggled to sleep, and suffered memory difficulties.

Gary was frustrated.

He struggled to work and do simple everyday tasks he had done before the accident.

Gary’s frustration started affecting his relationships and work. He could no longer remain patient with customers and he had to employ more staff to cover the work he couldn’t do.

With mounting medical bills and more stress at work, Gary was forced to sell his business. His dream of being able to provide his family with a stable income was now impossible.

He felt like he had let everyone down.

A cyclist shouldn't be left in a financial hole because a careless driver failed to look. 

The government recognises this and provide people like Gary an avenue to access compensation to cover their financial hardship, known as Compulsory Third Party (CTP) scheme.

It also provides an opportunity for cyclists to hold motorists accountable for their negligent acts.

CTP Insurance Scheme

Click the term to reveal it's definition. 

CTP Scheme

Gary brought a personal injury claim to compensate him for his injuries and the effect they had on his life. He brought his claim against the taxi driver and the taxi driver's compulsory third party (CTP) insurer. His claim consisted of the following components:

  • General damages (for pain and suffering)
  • Economic loss (for financial loss he had already suffered, and would suffer in the future)
  • Out-of-pocket expenses (for treatment and medication he had paid for, and the costs of travelling for that treatment)
  • minus
    Future treatment (for the costs of surgery and medication he would need in the future)

Most parts of his claim were simple. But as Gary soon found out, putting a dollar figure on the impact the injuries have had on his life was harder than he thought.

Because of his varied and complex work history, Gary’s assessment for economic loss was a contentious issue at trial.

For Gary's claim to succeed he had to establish how much income he had lost. 

How do you calculate economic loss?

To calculate Gary’s economic loss, the Judge had to calculate:

  • Pre-accident earning capacity: What would Gary have earned if the accident never happened?
  • Post-accident earning capacity: What has Gary earned, and what is he likely to earn, now that the accident has happened?

Gary’s economic loss is the difference between those two amounts.

The tricky part was figuring out what those two amounts were. Gary and the defendants had very different ideas about this.

Gary's Calculation

Gary relied on a chartered accountant to calculate his loss. The accountant estimated Gary’s economic loss to be over $750,000.

The accountant came to this figure by looking at the profit of Gary’s bike shop before the accident, and the profit of Gary’s bike fitting business some years after the accident.

The accountant calculated the difference between those two figures and claimed that that loss would occur every year until Gary’s retirement.

The Judge did not like this approach for a few reasons:

  • Gar​​​​y’s potential earnings were not necessarily equal to the profits of his shop or business;
  • There is no reason why the bike shop profits were a good indicator of Gary’s pre-accident earning capacity;
  • minus
    There is no reason why the business profits were a good indicator of Gary’s post-accident earning capacity.

The Judge rejected Gary’s calculation, saying:

Judge Daubney

“The methodology adopted by [the accountant]…suffers from…difficulties… accordingly, I do not accept the bases advanced by [Gary].”

The Insurer's Calculation

The defendants engaged a forensic accountant to properly analyse Gary’s earning capacities.

The forensic accountant provided an expert report and later gave evidence at trial.

The forensic accountant focused her calculations around the value of Gary’s labour. She figured out what this was by looking at what Gary paid his staff to fill in for him. Or in essence, how much Gary would have earned working for another company as a retail manager and bike mechanic.

The forensic accountant went into great detail and explored many hypothetical scenarios. Importantly, all of these scenarios matched how the Courts typically assess economic loss.

The Judge liked the forensic accountant’s calculations, saying:

Judge Daubney

“…the methodology employed by [the forensic accountant] is consistent…with the relevant principles for the assessment of economic loss.”

Gary lost his argument.

The Judge adopted the forensic accountant’s approach and awarded Gary just under $250,000 for economic loss.

This was $500,000 less than what Gary was claiming.

Gary's case is a timely reminder of the importance of arming yourself with sound, expert evidence. 

Gary was smart enough to know he needed help – but he called in an accountant who wasn’t equipped for the job.

The defendants were smarter and called in an expert in this area of accounting – one who was familiar with how the courts expect economic loss to be calculated. As a result, she came up with a much more compelling argument, provided multiple alternatives to cover her bases and won.

Even if an injured person’s career path is more straight-forward than Gary’s, it’s still difficult to predict what their earning capacity might have been and what it is now. There’s no crystal ball that can show us both scenarios.

To properly calculate economic loss, there needs to be careful analysis of things like:

  • Work history;
  • Education and qualifications;
  • minus
    Career goals (and the likelihood of those goals being met);
  • minus
    Earning potential;
  • minus
    Career trajectory (before and after the accident).

Asking an expert to do this analysis can make a lot of difference. In Gary’s case, it was a $500,000 difference.

Learn from Gary’s mistake. If in doubt, back up your claim with an expert – preferably one that knows the Court system.

Written by Verity Smith | Law Graduate

Dietitian vs. Nutritionist: What is the Difference?

Many people mistakenly use the terms ‘dietitian’ and ‘nutritionist’ interchangeably. Although these two professions are undoubtedly related, they maintain distinctive qualities. 

We sat down with nutritionist, Kate Jeffries from Katalyst Nutrition to uncover the key differences. 

Based in Brisbane, Kate holds a Bachelor of Behavioural Science (Psychology) and an Advanced Diploma of Nutritional Medicine and she uses her background in both of these areas to work to achieve optimal health and nutrition for her clients.

Read on to see her insights and some top tips when choosing a dietitian or nutritionist. 

So, what's the difference between dietitians and nutritionists?

Dietitians in Australia are predominantly found in hospital settings and in government and community-based roles.  

In the medical setting, dietitians work heavily with disease states and conditions such as diabetes, cardiovascular disease and kidney disease to assist their clients to manage their medical conditions through diet.  

In government and community settings, the role of dietitians is to plan meals that meet the nutritional needs of the entire community, organisation or population that they serve.

Dietitians also practice privately with clients on an individual basis but will generally focus on food intake alone as opposed to a holistic approach focusing on whole body treatment.  This is where dietitians and nutritionists differ most. 

What does a nutritionist do?

A nutritionist generally works more one on one with clients in a clinical setting. 

Most nutritionists adopt a holistic approach to case taking and treatment.  This means that they will look at the functioning of all your body systems including areas such as digestion, metabolism, hormones, energy levels and sleep to name just a few.  

Nutritionists will also look at diet, lifestyle and levels of stress to assess the nutritional requirements for their clients.  This individualised assessment and treatment stems from the concept of bio-individuality - that there is no ‘one-size-fits-all’ approach when it comes to achieving optimal health.  Every client is viewed as a unique individual with highly individualised nutritional and energy requirements, body compositions, metabolism, backgrounds and lifestyles that all influence their overall health and the foods that make them feel at their best. 

What are you top tips when choosing a dietitian or nutritionist?

It is important to note however that these are general guidelines and there will be dietitians who adopt more of a holistic approach as well as nutritionists that tend to adopt more of a dietetics approach.  

When looking for the appropriate practitioner for you it is important to ensure that the dietitian or nutritionist has a professional membership with an appropriate association.  This will ensure that they have the necessary qualifications, are held to specific legal and ethical standards and have ongoing Continuing Professional Education requirements.  

Some people may call themselves a nutritionist or nutrition consultant when they have in fact only undertaken a few nutrition subjects.  This is why it is imperative to ensure your practitioner is appropriately qualified so that you can be sure that you are dealing with someone who can provide you with the most accurate and up to date nutritional information. 


Thanks Kate.

Stay tuned for Kate's next article in January. 

In the meantime, if you wish to get in touch with Kate phone  0423 493 330 or click the button below. 

First in Best Kept! – Why Early Medical Intervention Produces Better Outcomes for People Involved in a Motor Vehicle Accident

Having a motor vehicle accident is a stressful time, let alone dealing with the legal proceedings that may follow. Even more time consuming is when the accident has resulted in some form of personal injury. The sad news is that unfortunately, there are accidents every single day on our roads, and with those accidents comes paper work, stress, and short term lifestyle changes, but the most serious issue is the personal injury caused as a result.

Injuries caused by motor vehicle accidents can range from whiplash, muscular strains, trauma causing fractures/bruising/cuts as well as other soft tissue injuries. Minor injuries sustained from a motor vehicle accident will prompt most people to follow up with their General Practitioner for a Medical Evaluation (commonly referred to as a 'check up').

Nathan Rose | Author & Exercise Physiologist at Doveston Health

In most cases, however, it is rarely recommended that they undergo rehabilitation, and will often be passed off as just a “sore” back, knee, or shoulder etc, in the hope that it will just get better with time. This is a frequent occurrence, and prolonging the intervention will in most cases eventuate into something more serious. Often people are unable to continue working, lose mobility and have to reduce their level of recreational activity for example sport, exercise, fishing, gardening.

With all injuries minor or severe, rehabilitation is needed for recovery. Missing early rehabilitation time frames for any type of injury can drastically decrease the likelihood of complete recovery. It can also drastically decrease the full return to all active daily livings, recreational activities, and life as they know it.

Early Allied Health interventions such as Physiotherapy, Exercise Physiology, Occupational Therapy and Podiatry after an accident, have been shown to produce greater recovery rates and significantly decrease the risk of long-term health issues arising from accidents. These interventions are not solely utilised for major injuries causing hospitalisation, but also seemingly non-sinister injuries including but not limited to strains, fractures, whiplash etc. Things such as a stiff neck and even a sore back can cause movement issues as well as wear and tear, and these relatively small issues can lead to major concerns in the long run. 1,2

Rehabilitation treatments provided, do not have to be manual therapy “hands-on” treatment. Working on basic building block movements and providing education about injuries can be just as effective. Re-educating personal injury sufferers, on how to move correctly is vital when returning to normal daily activities pain-free. It is imperative that Mental stressors caused by injuries, can also play a vital role in recovery, and this needs to be addressed once again, as soon as possible. 3, 4

In today’s society, 1 in 3 adults are not achieving the recommended physical activity, as well as 1 in 3 being overweight or obese. These statistics also represent significant negative impacts on quality of life and general overall health. If you combine these statistics with people not seeking help after an accident, then this is a recipe for disaster. 5

In general, people need to be physically active to help with quality of life, and this should be no different after a motor vehicle accident. Prescribed rehabilitation and physical movements can be all the difference between returning to work, regular pain free living and a long term healthy life. Don’t increase your stress levels after an accident by not looking after yourself. Early Allied Health has proven to be effective for everyone, and should be sought after as soon as possible!


Thanks Nathan.

Stay tuned for another article from the Doveston Health Team in January. 

In the meantime, if you wish to get in touch with Nathan regarding this article, physiotherapy after an accident or any other health-related issues, please visit the Doveston Health website or click the button below. 


References

Long-term outcomes of individuals injured in motor vehicle crashes: A population-based study. Alghnam SWegener STBhalla KColantuoni ECastillo R., 2015

Outcomes of motor vehicle crashes with fracture: a pilot study of early rehabilitation interventions. Brooke KJ1, Faux SGWilson SFLiauw WBowman MKlein L., 2014

Predictors of non-return to work 2 years post-injury in road traffic crash survivors: Results from the UQ SuPPORT study., Heron-Delaney MWarren JKenardy JA, 2017

Delayed recovery in patients with whiplash-associated disorders.Dufton JA1, Bruni SGKopec JACassidy JDQuon J., 2012

The Lancet, Volume 384, Issue 9945 react-text: 64, Global, regional, and national prevalence of overweight and obesity in children and adults during 1980–2013: a systematic analysis for the Global Burden of Disease Study 2013: 65 30 August–5 September 2014 /react-text react-text: 66, Pages 766-781

How a Chiropractor Assesses Back Pain

Back pain features heavily on our website because it is such a common complaint from our clients. 

However, when it comes to dealing with your back injury, chiropractors can often be overlooked as a solution. 

We have reached out to leading chiropractor, Andrew Vincent from Andrew Vincent Chiropractic to explain what happens during a chiropractic appointment and how their services can help someone with back problems.

Andrew has been Director and Principal Chiropractor at Andrew Vincent Chiropractic for over 30 years and has led the way for the chiropractic industry as State President and National Representative of the Chiropractors' Association of Australia, Queensland Branch. 

Read on to see Andrew's insights and learn what goes on during a back examination.

Can you walk me through a back examination?

I can do one better and show you. Watch the video below where Dr Matthew Platz demonstrates what a typical back examination involves.

What things do you look for when you complete you initial evaluations of a patient?

Chiropractors look for different movement patterns in the back which may show how a patient has been guarding their painful back and set up stiff joints and imbalanced muscle in an attempt to keep working with their problem. They may have been putting up with a problem for weeks and only come to the chiro when their medication stops working, their sleep is affected, or their partner is worried that they are not improving.

Chiros assess the neck, back and pelvis for joint stiffness and compare the patient’s current movement patterns in comparison to normal movements that a young person should be able to do and decide on the actual underlying cause for a patient’s pain or dysfunction or reduced sporting performance.

How important is hip and knee mobility when someone has a troublesome back?

Chiros often see patients with back pain AS A RESULT OF guarding or adapting for a longer term hip or knee issue. The muscles that attach to the hip and knee often begin up at the pelvic area and begin to create stiffness and pain in the back when overworking to accommodate for a knee or hip issue.

Chiros work with hip, leg and knee problems as well to assist in settling the back issue.

What would be a typical treatment method for someone with lower back problems like the woman in the video?

Assuming that the problem is identified as restrictions or mechanical locking of key spinal joints, the treatment usually involves precise spinal manipulation and self-stretching at home to retrain spinal muscles and joints to move in efficient patterns. 

As symptoms improve and activities of daily living return to normal, increasingly challenging exercises are prescribed to help stabilise the spine and improve its capacity to do all that the patient wants to do. This differs from some other approaches that may give exercises earlier and may not allow the body to deal with the joint dysfunction part of the problem. Workplace advice such as desk set up and moving and exercise customisation completes the management plan.


Thanks Andrew

Stay tuned for another article from Andrew in January. 

In the meantime, if you have any questions regarding this interview, treatment of back pain or other health issues please do not hesitate to contact Andrew and the rest of the team by visiting the Andrew Vincent Chiropractic website.

Andrew Vincent Chiropractic offer massage and nutritional support alongside their chiropractic services to ensure a whole lifestyle change is possible. 

Part 1: What to do at each stage of your recovery: The first 3 days

Whether you have rolled your ankle, broken a rib or torn a ligament, your body goes through the same painful and uncomfortable process to repair itself. 

We sat down with Nick Marshall from Surf Life Physio in Miami, QLD earlier this month to get a better understanding of the recovery journey. Nick has over 17 years' experience as a physiotherapist, having practised both privately for his own practice Surf Life Physio and as a senior outpatient physio for Tweed Heads Hospital.

This article starts the first of three interviews on injury recovery. Nick gives his insights on the first 72 hours of an injury and provides tips on how best to manage this stage.

Keep an eye out for the next two articles on what happens after this initial phase and for Nick's advice on how to speed up the recovery process. 

So I have hurt myself, what stage am I in?

Immediately following hurting yourself you enter the inflammatory stage.

You've injured yourself and now it's time for your body to fix itself by finding the damage, reducing further risk of injury and laying the first foundations for repair.

This is the period of time when the injury is sore all the time no matter what you do or how you try to carry the injured area. It’s the body's pathological protective response. 

In the first 3 days you are in the first stage of recovery; inflammation.

What is the inflammatory stage?

Trying to describe the recovery process is confusing, jargon-filled and to be frank, a little boring. So, I let's look at the process through a real-world example. 

Let's take a house fire and call that our injury. The moment the fire is detected, the emergency services are dispatched. These being Fire, Police and Ambulance.

What does each service do? 

Fire

Like firefighters put out the fire, your body stops any bleeding to limit the extent of the damage caused by the injury. When you injure yourself, it causes blood vessels to break. You will see this when you have a bruise in the area, swelling under the skin or more obviously, when there is blood on your skin. Your body's firefighters, known as platelets, clot your blood and stop any further bleeding.

Police

In a fire, the police will cordon off an area to limit reduce the risk of casualties and further damage. Similarly, our body will relay messages to our brain to tell you the area is painful. In response, your body also floods the area with blood, causing the injures area to swell. This makes the area stiff and uncomfortable. By making an action or activity incredibly painful and uncomfortable it forces you to stop using it and avoids you causing any more damage. The police have successfully kept you safe and out of harm's way. 

Ambulance

The ambulance will bring paramedics to help treat the injured and remove those that need further assistance. Much like the ambulance, the injured tissue will release chemicals to attract the right resources to help begin the process of repairing itself, such as white blood cells. Your body will also begin the process of taking away the damaged cells so new ones can grow. 

How long does this stage last for?

The body’s general response to this inflammatory stage is 72 hours. But largely what you do and how you behave during those initial minutes following the injury will dictate whether it is more or less than 72 hours.

What are the symptoms of this phase?

This phase is generally represented by three symptoms:

  1. Heat and redness: blood is rushed to the injured area to bring resources needed to repair the injury. This pools around the injury causing redness and heat. 
  2. Swelling: this is often a result of fluid seeping through damaged blood vessels into the damaged tissues. These vessels are typically damaged by the initial trauma. In some cases, this will present as bruising. 
  3. Pain: this is the big one. When you first sustain the injury, pain is caused initially by a chemical reaction that interacts with local pain receptors to warn your body you have sustained an injury. This is the pain we were talking about during the 'police' activities in this recovery stage. As you recover, the increased inflammation in the area may place pressure on nerve endings in the area, causing further pain. This pain will inevitably limit function, movement and activity.

What treatment should you be doing? 

There are a number of acronyms that can be used for treatment in this early inflammatory stage. But probably the best message is first and foremost ‘do no harm’.

To achieve this most health practitioners will advise the injured person to commence R.I.C.E.

R

rest

Rest from painful aggravating activities.

I

ice

Ice the injured area, this will reduce the amount of bleeding and swelling and in turn reduce the inflammatory response.

C

cOMPRESS

Compress the injured area to further reduce the localised swelling and accumulation of inflammation.

E

elevate

Elevate the injured area to reduce the effect of swelling pooling in the extremities.

What about anti-inflammatory pills? Should we be taking those?

It might sound strange given we talk about our immediate treatment being to reduce swelling with the R.I.C.E. method but we actually want to avoid anti-inflammatory medication in the first 72 hours.

Despite what so many people think, we actually need the body's inflammatory response and inflammation to start a healing effect. It’s this inflammation that brings all the building blocks of repair and without inflammation, an injury will not heal properly.

We want to reduce the inflammatory response to make it more comfortable but not remove it completely. 

Should you see a physio during this phase?

Absolutely, you see it in elite sport when you are watching TV. The first person to an injured player on the field is the physiotherapist. If for no other reason than determine the level and extent of injury and then to make an educated assessment of the ability of the player to continue to play. It’s no different off the field. 

Quick and early identification, assessment and diagnosis of a person’s injury can better frame the rehab process as well as fast track a rehabilitation plan and return to work.


Thanks Nick. 

Check out the other parts in this series below.

Part 3: What to do at each stage of your recovery: The final phase
Whether you have rolled your ankle, broken a rib or torn a ligament, your body goes through the same painful[...]
Part 2: What to do at each stage of your recovery: The next 2 weeks
Whether you have rolled your ankle, broken a rib or torn a ligament, your body goes through the same painful[...]

Stay tuned next month for Nick's interview on stage 2 of the recovery process.

In the meantime, if you have any questions regarding these tips, injury recovery or other health issues please do not hesitate to contact Nick and his team at Surf Life Physio on (07) 5527 7830 or click the button below.