Law for Home Care Managers VIC


Date: 21 November 2017
Time: 8.45am – 4.15pm  
Venue: Rendezvous Hotel, 328 Flinders St, Melbourne
Cost: Early Bird: $695 (expires 12 October 2017). Standard: $795. Prices include gst.
CPD points: Nurses & lawyers attending receive CPD points

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8.15    Morning Coffee and Registration

8.45    Welcome from LawSense

8.50     Opening Remarks from the Morning Chairperson

Linda Krall, Senior Legal Counsel, Independent & Assisted Living, Australian Unity Limited

9.00     Reform Implementation: Reviewing Impacts and Managing Changes

  • Reviewing the current legal issues and risks faced by home care providers from the recent changes in home care including the Aged Care Legislation Amendment (Increasing Consumer Choice) Act 2016
  • Examining the assessment process and risks from needs exceeding package allocation
  • Managing client exits and dealing with circumstances where notification and transfer requirements are not met
  • Implementing strategies and approaches to manage legal issues and risks in the changing environment

Joanna Green, Principal, Hive Legal

Consent and Decision-Making Capacity in the Home Care Environment: Ensuring you Address Your Duties and Risks

  • Reviewing the legal elements required for decision making capacity
  • Assessing the limits of decision making capacity – is there capacity for some decisions, but not others?
  • Understanding when a formal assessment of capacity is required and steps to take
  • Exploring the role of the substitute decision maker in home care
  • Understanding and differentiating between enduring guardians and guardians, powers of attorney and financial managers and the role of “person responsible”
  • Understanding the potential risks in assessing capacity and consent where brokerage arrangements are involved. Can a broker legally rely on instructions from the primary provider? How can key risks be effectively addressed?

Sabine Phillips, Partner, Gadens Lawyers

Exploring Best Practice Complaints Handling and Dispute Resolution in Home Care and Dealing with Difficult Families

  • Reviewing the current legal framework affecting complaints and understanding the role of the Aged Care Complaints Commissioner in home care disputes
  • Exploring best practice complaint handling:
    • Understanding the home care agreement and how it is used in dispute resolution
    • Strategies for dealing with initial issues raised by families or substitute decision makers before they escalate
    • Dealing with formal complaints and effectively managing the complaints process
    • Best practice record keeping to minimise legal exposure and effectively address allegations
  • Dealing with the Aged Care Complaints Commissioner – what are the expectations and what is the best approach at different stages?

Anita Courtney, Senior Associate, Russell Kennedy Lawyers

12.10 Closing Remarks from the Morning Chairperson

12.15 Lunch

1.00        Opening Remarks from the Afternoon Chairperson

Clare Sullivan, Legal Counsel, Mercy Health

1.05     Fees, Charges and Home Care Agreements: Implementing Arrangements That Effectively Address Key Legal Obligations and Risks

  • Understanding the law affecting fees, charges and home care agreements, including contract law, the User Rights Principles and Australian Consumer Law
  • Reviewing key clauses in home care agreements and their impacts on rights and obligations
  • How must fees be presented to recipients and what information should be made accessible to recipients?
  • Challenges arising from Consumer Directed Care

Marc Wyld, Partner, Thomson Geer Lawyers

Accidents & Incidents: Effectively Managing Risks and Responsibilities to Home Care Staff and Volunteers

  • Reviewing liability of the home care provider for:
    • accidents on site
    • other incidents, including exposure to family violence
  • Examining key considerations and steps in identifying and assessing risks on an ongoing basis to meet your duty of care and OH&S obligations to home care workers.
  • Dealing with circumstances of violence, including reporting to police and providing witness statements and information
  • Examining liability and risk regarding staff in periods between jobs
  • Reviewing your obligations in working with volunteers and approaches to mitigating risks
  • Understanding the limits of insurance
  • Exploring best practice in documenting risk assessments, accidents and incidents to protect from or mitigate liability claims
  • Learning from case studies and scenarios

Philip Duffy, Associate Director, Lead, Workplace Law Team, Ward Lawyers

Examining and Addressing Risks and Challenges in Brokering, Sub-contracting and Working with Other Service Providers

  • Exploring the different ways of delivering home care with other parties and understanding the legal relationships where brokering or sub-contracting is involved
  • Understanding options, obligations and risks where funding is held by the provider and a consumer requests part of it to be given to a third-party
  • Effectively managing brokerage:
    • examining key risks in brokerage arrangements
    • understanding your obligations regarding commission arrangements and brokerage set-up fees
    • exploring best practice arrangements for minimising risk and optimising care
  • Reviewing practical approaches to ongoing management of brokering, sub-contracting and other arrangements, including performance management
  • Exploring strategies to effectively manage and resolve disputes

Solomon Miller, Principal, Russell Kennedy Lawyers

4.10     Closing Remarks from the Afternoon Chairperson

4.15     Close of Conference

Presenters / panelists include:

Linda Krall-webLinda Krall has been a senior executive and company secretary for a large mental health not-for-profit, and now works in-house as Senior Legal Counsel with Australian Unity’s Independent & Assisted Living platform. Linda primarily supports the Home & Disability Services business, which is the largest provider of in-home care services in NSW.

Joanna Green

Joanna Green is a senior lawyer with over nine years’ experience advising private and public sector clients on commercial, regulatory, privacy and consumer law issues. She has specialist experience and interest in highly regulated industries, including health and government, following in-house counsel secondments.

Sabine-Phillips-web2Sabine Phillips represents health and aged care clients in areas such as risk management, inquiries and investigations, dispute resolution, coronial inquests, governance and policy review and implementation. As well as holding a Master of Laws and a Master of Business, Sabine is also a Registered Nurse [Division 1] (non-practising), has worked as an operator of aged care  facilities and is a Fellow of the Royal College of Nursing, Fellow AICD and a Director of Northern Health.

Anita-Courtney-webAnita assists with the professional conduct matters for the AHPRA and provides a range of advice to aged care providers regarding their legislative responsibilities, risk management, compliance issues, disputes management and debt recovery. Anita delivers advice about statutory interpretation, natural justice, privacy and human rights issues.

Marc-Wyld-WIDE-webMarc Wyld has particular expertise in the health, aged care and retirement villages sectors.  Marc has been recognised by Doyle’s Guide (2017) as a “Leading” lawyer in the area of Health & Aged Care in New South Wales. Marc has also been a lawyer member of the Human Research Ethics Committee of St Vincent’s Hospital since 2012.

Solomon-Miller-webSolomon acts for a range of aged care and health clients specialising in advising on mergers and amalgamations. Solomon has over 16 years’ experience. Solomon’s broad commercial experience also includes procurement and commercial arrangements; developing standard terms; collaborative ventures; establishing charitable funds and obtaining tax concessions and endorsements; and reviewing governance systems.

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