Navigating Contractors, NDIS, Payroll Tax, New Employment Laws, Privacy, Data Management & AI
Date | 30 August 2024 |
Time | 10.00am-2.45pm AEST (Syd/Melb/Bris time) |
Venue | Live Online with recording (recording access expires 30 September 2024) |
Pricing | $440 Price includes gst. |
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Program
10.00 LawSense Welcome
10.05 Chairperson’s Introduction
Heather Irvine-Rundle, Senior Clinical Psychologist & Director, READ Clinic Psychology Erina, NSW
10.10 Regulatory Update – NDIS, Payroll Tax, Medicare: Understanding Options and Obligations of Mental Health Practitioners and Examining Changes
NDIS – Changes and Enforcement
- Outlining current key aspects of the NDIS law applicable to mental health practitioners
- Examining how the NDIS Code of Conduct applies, including recent provisions about fair pricing/price differentiation
- Examining ongoing reform and potential impacts on practitioners
- NDIS enforcement:
- exploring areas of focus by regulators, including a recent AHPRA panel decision on whether the Practitioner accessed NDIS funding based on legitimate diagnoses
- considerations for practitioners in dealing with regulators
Medicare Compliance, Payroll Tax Update and Superannuation
- Understanding tax and superannuation issues to consider, including with contractors and recent rulings on payroll tax
- Implementing structures to avoid payroll tax liability
- Navigating Medicare compliance pitfalls, including responsibility of contractors versus the practice
- Key aspects to consider in dealing with Medicare audits
Jonathan Teh, Principal, Russell Kennedy Lawyers
11.10 Break
11.20 Effectively Managing Contractors: Navigating Recent Law Changes, Access to and “Ownership” of Files and Clients and Cyber Risks
Contractors & Law Changes
- Outlining key aspects to consider and recent law changes relevant to professional contractors in mental health practice
- Navigating pitfalls in different arrangements with contractors:
- understanding how having professional staff or contractors affects your duty of care and professional obligations
- exploring the degree of supervision required to address your legal obligations and liability
- contractors having their own website, allowing the contractor to set fees
- notifying clients that they are dealing with contractors
- Dealing with notes, files and records of the independent contractor:
- who ‘owns’ the files?
- who can access the files and in what circumstances? Can a former contractor or employee access the files?
- dealing with a subpoena for files in possession of a former contractor
- Exploring approaches to mitigate legal exposure to privacy and confidentiality issues with contractors
Cyber Issues and Data Breaches
- Implementing contracts and managing contractors to mitigate risk and liability for cyber or data security issues caused by the contractor
“Ownership” of Clients and Restraint of Trade
- Understanding rights and obligations of contractors or other professional staff taking clients – can you prevent them leaving with clients? How should you optimise contracts to protect your position?
James Mattson, Partner, Bartier Perry Lawyers
Michael Cossetto, Partner, Bartier Perry Lawyers
12.20 Break
12.30 Examining Changes to Workplace Laws and AHPRA Guidelines and Implications for Mental Health Practitioners – Psychosocial Hazards, Right to Disconnect, Social Media Guidelines
New Psychosocial Hazards Laws
- Outlining the recent changes to WHS/OHS legislation affecting workplaces including:
- outlining the source of safety obligations including psychosocial hazards at work, identifying and managing the hazards
- scenarios regarding psychosocial hazards and risks
New Right to Disconnect Laws
- Examining the recent changes to the Fair Work Act 2009 (Cth) including:
- relevant changes to Modern Awards (from 26 August 2024)
- when is a refusal to engage unreasonable?
- scenarios regarding the new rules and right to disconnect
- disputes concerning the right to disconnect in the Fair Work Commission
AHPRA New Social Media Guidelines
- Examining the new AHPRA social media guidelines including when a practitioner can be said to be expressing their views:
- “in a way which presents a risk to public safety”; or
- “provides false or misleading information or breaches privacy or confidentiality”
- “risks the public’s confidence in their profession”; or
- “requires action to maintain professional standards”
Libby Pallot, Principal, Russell Kennedy Lawyers
1.30 Break
1.40 Navigating Privacy, Data Management and Evaluating AI Applications
Key Privacy and Confidentiality Laws and Potential Reforms
- Outlining key laws applying to privacy, confidentiality and information sharing in mental health practice
Document Storage, Retention and Destruction Requirements
- Outlining key laws applying to document retention and destruction in mental health practices
- Understanding how long different types of records are required to be kept
- Managing records in different formats – email, text, social media, paper
- Understanding your obligations to destroy or de-identify particular data
- Exploring optimum record storage options
- Implementing best practice in arrangements with external technology and data management suppliers to ensure compliance by the practice and to optimise the practices legal position
Data Breaches
- Outlining key laws applying to data breaches, including potential penalties and civil compensation action practices could be exposed to
- Examining mandatory reporting of requirements for data breaches – when and how you must report and remediation
- Learnings from recent incident case studies
Emerging Options – Using AI to Generate Session Notes, Treatment Plans & Other Applications
- Understanding options to use AI for generating notes and treatment plans in mental health practice and how some clinicians are currently using the technology
- Examining current legal and risk issues in using AI
Informed Consent
- Outlining requirements for informed consent, including understanding consent from minors and “mature minors”
- Ensuring the consent is “informed” – learnings from cases
- Examining best practice in documenting consent
Matthew Pokarier, Principal, Meridian Lawyers
2.40 Closing Remarks
2.45 Close of Event
Presenters / panelists include: