Law for Home Care Managers QLD


Date: 8 November 2017
Time: 8.45am – 4.30pm  
Venue: Pullman King George Square, Cnr Ann & Roma St, Brisbane
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

Bryan Mason, Director – Seniors and Supported Living, Churches of Christ Care Queensland

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

Melissa Hill, Special Counsel, McCullough Robertson

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

Stephanie Gallagher, Special Counsel, Corrs Chambers Westgarth 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?

Brian Herd, Partner, CRH Law; Australia’s Best Lawyers List, Retirement Villages and Senior Living Law; Deputy Chair, Queensland Law Society’s Elder Law Committee

12.40 Closing Remarks from the Morning Chairperson

12.45 Lunch

1.30 Opening Remarks from the Afternoon Chairperson

Tiffany Trindall, Legal Counsel, RSL Care – Support Centre 

1.35     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
  • Dealing with disputes regarding fees, including where the client refuses to pay
  • Actions for breach of contract or the Australian Consumer Law in the current environment – what are the most likely scenarios?
  • Exploring case studies and scenarios

Madeline Walsh, Senior Associate, Hynes Legal

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

Megan Kavanagh, Partner, Colin Biggers and Paisley 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

Tim Longwill, Partner, McCullough Robertson Lawyers

4.25     Closing Remarks from the Afternoon Chairperson

4.30     Close of Conference

Presenters / panelists include:

Joanne O'Brien_web_editJoanne O’Brien is a partner of CRH Law and has an extensive practice across the aged care and retirement village sectors encompassing clients from the private, church and community sectors. She advises on all aspects of aged care services and supports her clients in maintaining regulatory compliance and dealing with facility management and operations. Joanne regularly presents at industry and technical conferences and seminars

Stephanie_Gallagher_photoStephanie Gallagher has more than 20 years experience in acting for health industry clients and in the regulation of the health professions. Stephanie has advised in respect of the regulation of the health professions for health care providers, the Boards and Registrants. She was a member of the Nursing Council and Chair of the Queensland Interim Medical Board in Qld (QMING), the Boards of St Andrew’s War Memorial and QEII Hospitals. She sat as a member of an Institutional Ethics Committee at tertiary hospitals for more than 15 years.

Brian Herd-webBrian Herd is an ageing and passionate lawyer with CRH Law. He practices in Elder Law or law relating to older people and is regarded as one of Australia’s leading lawyers in the area. His expertise extends across the broad range of aged care relationships and dynamics as well as incapacity,  Guardianship, elder abuse, enduring powers of attorney, family agreements, disputes and mediation.

Placeholder-onlineTiffany Trindall provides legal, commercial and strategic advice to Australia’s largest independent not for profit aged care group.  As Legal Counsel and Privacy Officer for RSL Care RDNS Limited, Royal District Nursing Service Limited, RDNS HomeCare Limited and Aged Care Channel Holdings, Tiffany works closely with General Counsel & Company Secretary and Senior Legal Counsel in a variety of roles including.

Placeholder-onlineMadeline Walsh acts for a wide range of private and not-for-profit aged care and disability services providers. Madeline advises providers on their legislative responsibilities, risk management, compliance issues, commercial arrangements and critical incident management.

Megan-Kavanagh-webMegan Kavanagh provides advice on employment, work health and safety, equal opportunity, harassment and bullying to clients in a range of industries, including health, transport, government and the not-for-profit sector. Megan’s main areas of expertise include equal opportunity, discrimination, unfair dismissal, harassment and diversity, work health and safety, and industrial relations.

Tim Longwill-webTim Longwill is a legal practitioner of over 20 years experience.  He is a specialist industrial lawyer with significant exposure to the aged care sector. Tim was also recently named for the third year in a row as being among ‘Australia’s Best Lawyers’ by the Financial Review.


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