Law for Home Care Managers NSW


Date: 16 November 2017
Time: 8.45am – 4.15pm  
Venue: UNSW CBD Campus, Level 7, 1 O’Connell St, Syndey
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

Daniel Carbone, Head of Legal, 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

Arthur Koumoukelis, Partner and Notary Public, Dentons Lawyers; Best Lawyers, Retirement Villages and Senior Living Law

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?

Leonie Beyers, Special Counsel, HWL Ebsworth 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?

Lucille Scomazzon, Partner, Maddocks Lawyers And Angela Wood, Partner, Maddocks Lawyers

12.10 Closing Remarks from the Morning Chairperson

12.15 Lunch 

1.00 Opening Remarks from the Afternoon Chairperson

Cheryl De Zilwa, National Director, Community Care, Calvary

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

John Rodney, Special Counsel, K&L Gates

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

Simon Berry, Partner, Hilliard and Berry Solicitors

4.10     Closing Remarks from the Afternoon Chairperson

4.15     Close of Conference

Presenters / panelists include:

Daniel-Carbone-webDaniel Carbone is the Legal, Risk and Compliance Manager for UnitingCare NSW.ACT and has extensive experience in providing in-house legal advice in the areas of aged care, retirement villages, disability and affordable housing.  Daniel also provides advice on privacy, procurement and regulatory matters and has been a Board Member of the War Memorial Hospital, Waverley since 2013.

Arthur-Koumoukelis-webSince 1995, Arthur Koumoukelis he has developed a specialist knowledge and practice in the aged care and retirement village industries.  Arthur heads Gadens’ national and Sydney aged care and retirement village practice group and leads the Sydney office’s not for profit and tax practice areas which are closely related to the sector.

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.

Angela-Wood-WebAngela Wood has specialist experience in the health, aged care and retirement village sectors as well as in the disability and community services sectors. Her clients include a range of public, private and not-for-profit health providers throughout Australia. Before practising law, Angela had experience in the health and community services sector as a practising psychologist.

Placeholder-onlineLucille Scomazzon is the national healthcare sector leader at Maddocks. She specialises in advising the health, aged care, senior living and disability services sectors and has acted for a broad range of public, private and not for profit organisations in these sectors throughout Australia

Simon-Berry-webSimon Berry has extensive experience in acting for employers and insurers including both small and large employers. Simon also appears regularly in the Workers Compensation Commission, District Court of NSW, Supreme Court of NSW, Fair Work Commission, Federal Circuit Court of Australia and Federal Court of Australia.

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