Date 28 October 2026
Time 12.00pm-3.35pm AEDT (Syd/Melb time)
Venue Live Online with Recording
Recording available for viewing until 28 November 2026
Pricing $440
(price includes gst)
Other related LawSense Events
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Program
12.00 LawSense Welcome
12.05 Chairperson’s Remarks
Alicia Goddard, General Manager People, Culture and Diversity, Benetas
12.10 Understanding the Interaction of the Aged Care Reforms with Other Workforce Issues and Obligations and Implementing Best Practice
- Outlining workforce obligations under the Aged Care Act, strengthened Aged Care Quality Standards, Aged Care Code of Conduct, worker screening and Statement of Rights.
- Understanding the interaction between aged care reforms and other key workforce issues in practice, including:
- balancing dignity of risk and consumer obligations with obligations to staff, including psychosocial hazards
- examining obligations regarding performance management and conduct
- Discussion and learnings from provider experiences
Libby Pallot, Partner, Russell Kennedy
1.10 Break
Chairperson: Marcus Riley, Executive Chairman, BallyCara
1.20 Psychosocial Hazards: Learnings from Recent Cases, What Aged Care Facilities Have Implemented and Dealing with Claims and Staff “Weaponising” Psychosocial Safety
Outlining Recent Laws Regarding Psychosocial Hazards and Potential Claims
- Outlining the recent changes to WHS legislation affecting aged care including:
- examining definitions of psychosocial hazards and how this can include bullying, sexual harassment, and other behaviours
- outlining how it applies to staff, residents and others interacting with an aged care facility
- understanding obligations to identify reasonably foreseeable psychosocial hazards that could give rise to health and safety risks
- Understanding what claims staff, residents or families can make against you using the new laws
Learnings from Recent Cases and Attitude/Action of Regulators to Date
- Examining the response of WHS regulators in investigating and enforcing requirements regarding psycho-social hazards. What have been “triggers” of regulator action?
- Examining learnings from investigations and cases applying the psychosocial hazards laws
Staff Claims, Including Staff “Weaponising” New Laws
- Understanding how staff can “weaponise” recent law changes in response to performance management or disciplinary action
- Examining what changes to performance management and disciplinary processes you should consider to optimise your legal position
- Dealing with staff claims of “unsafe” interactions or work environments – from low level claims to alleged serious failures
Case Studies – What Have Other Aged Care Facilities Implemented/Experienced
- Exploring what facilities have implemented to date, including:
- consultation – surveys, focus groups and other tools including committee meetings, team meeting, networks and individual discussions
- exit interviews for identifying hazards
- other data sources/audit tools and records
- control measures to eliminate (or minimise) psychosocial risks
- changes to job design, including duties, workload, team structures, and resource allocations
- changes in approaches to performance management and staff disciplinary matters
- responding to staff “weaponisation” of new psychosocial hazards laws and regulation
Deanna McMaster, Partner, MinterEllison
2.20 Break
2.30 Dealing with Staff Experiencing Life Circumstances Outside Work Affecting Performance and Conduct
Rights and Obligations
- Examining the extent of your obligations where staff experience personal issues affecting performance or conduct such as divorce, family issues or other circumstances
- Dealing with medical evidence from GPs or other professionals
- Responding to claims that work demands are aggravating stress or an illness from personal circumstances
- Reasonable adjustments:
- what are you required to implement and for how long? When can you remove leadership, or reduce hours/pay
- how should you manage repeated absence requests?
Impacts on Other Staff, Staff Complaints, Privacy
- Examining your obligations and options where the performance or behaviour issues affect other staff
- Navigating privacy issues – what are you able to tell other staff about the staff member?
Terminating the Staff Member
- At what point can you legally dismiss staff experiencing personal issues/crisis affecting performance or conduct
Case Studies and Scenarios
- Learning from case studies and scenarios
Tim Longwill, Partner, McCullough Robertson Lawyers
3.30 Closing Remarks
3.35 Event Close
Alicia Goddard joined Benetas in January 2023 with over 20 years’ experience in health, government and education industries, across not-for-profit and for-profit. She has experience across strategy, governance and risk management and a strong appreciation for the role of leadership and culture in improving organisational performance. Her highly collaborative approach has brought together partnerships within public health services to deliver transformation change in workforce practices and clinical operating models.
Libby Pallot has significant experience advising clients across the health, aged care and social and community sectors. She regularly presents on employment issues including dealing with ill and injured employees and has previously spent nine years as a Board member of Uniting AgeWell (Victoria and Tasmania).
Marcus Riley is CEO of BallyCara a charitable organisation providing health, wellness and aged care services across South East Queensland and Melbourne. He is a Past Chairman and current Director of the Global Ageing Network and sits on the governing committee for GAROP (Global Alliance for the Rights of Older People) and the UN’s Stakeholder Group on Ageing. Marcus has a distinguished record of leadership roles with international, national and state-based organisations and in 2018 was awarded the Global Ageing Influencer award by Ageing Asia.
Deanna McMaster provides practical, timely advice about statutory regimes and safety systems, working closely with clients nationally. Deanna often helps manage the immediate aftermath of an incident, and the investigations that may follow. Having acted for numerous regulators, Deanna understands both sides of the enforcement process.
Tim Longwill has specialised in the Aged Care sector for more than 15 years. His practice concentrates on assisting the industry find commercial pathways through laws which impact on the provision of care in residential and home settings. In addition to assisting clients to establish and operate aged care operations, Tim has been involved in many of the landmark industrial relations decisions in the last decade.