Aged Care and Retirement Village Law 2020: The Legal Issues
Prepare yourself to navigate the many new legal, regulatory & compliance risks facing the aged care and retirement village industries right now. Scrutinise the latest legislation in regulatory compliance and governance. Catch up on the critical employment law concerns now facing the industry. Consider how to manage disputes, elder abuse, & capacity issues. Consider care agreements and contracts in today’s environment. Examine emerging finance and funding issues.
Description
Attend and earn 7 CPD Units including:
6 units in Substantive Law
1 unit in Professional Skills
This program is applicable to practitioners from all States & Territories
Session 1
Governance and Compliance in the Aged Care Setting
Chair: Jessica Kinny, Solicitor Director, Kinny Legal, The Best Lawyers™ in Australia, Health and Aged Care Law; Retirement Villages and Senior Living Law, 13th Edition (2021); Acquisition International, Best Aged Care & Healthcare Lawyer, Australia (2020); Doyle's Guide to Leading Health & Aged Care Lawyers, New South Wales (2020, 2019, 2018)
9.00am to 9.20am: Insights from the Aged Care Industry Association: Current Issues in Elder Care
Presented by Luke Westenberg, Chief Executive Officer, Aged Care Industry Association (live web stream from Adelaide)
9.20am to 10.30am: Complex Regulatory Compliance Issues and Organisational Governance for Residential Aged Care Providers
Significant regulatory compliance changes post 1 January 2020 following the expansion of the role of the Aged Care Quality and Safety Commission will have a continuing impact on governance issues. Explore these changes in the context of:
- The use of physical and chemical restraints
- High impact clinical risks
- Assessment processes and review rights
- Standard 8: organisational and clinical governance
Presented by Madeline Walsh, Partner; (live web stream from Brisbane) and Lucinda Smith, Partner, Thomson Geer; Preeminent Health and Aged Care Lawyer, Doyle’s Guide 2019
10.30am to 11.10am: IR Working Groups: How will the Upcoming IR Reforms Affect the Aged Care Sector
Presented by Michal Roucek, Senior Associate, FCB Group
11.10am to 11.25am: Morning Tea
11.25am to 12105pm: Compliance: What Really Happens at the Coalface
- Pride Living’s Aged Care Industry non-compliance data analysis
- Through discussion of case studies you will discuss and analyse:
- Management and staff turnover
- Change management
- Training staff
- Shifting practice and culture
- Response to the Aged Care Quality and Safety Commission
- Benefits of:
- Independent reviews: governance and risk management
- Root cause analysis
Presented by Katrina Ong, Partner – Quality Management and Clinical Governance, Pride Living Group (live web stream from Melbourne)
12.10pm to 12.50pm: Disputes between Residents, Family and Providers
- Managing resident, family and provider interactions
- Governance and duty of care during COVID-19
- Restricted visitation rights
- Jurisdictional requirements
- Emergency leave
- Remedies & liability for harm
- Regulatory framework
- Common law
Presented by Catherine Henry, Principal, Catherine Henry Lawyers (live web stream from Newcastle)
12.50pm to 1.15pm: Class Actions and the Aged Care Industry: What to Expect
- An overview of class actions in Australia
- What does an aged care class action look like?
- Strategic considerations
- Steps providers can take now
Presented by Cameron Harvey, Partner and Practice Group Leader (live web stream from Melbourne) and Jack Pembroke-Birss, Partner, Norton Rose Fulbright
Session 2
Financial, Contractual & Abuse Issues
Chair: Irene Ryan, Barrister, Frederick Jordan Chambers
2.00pm to 2.45pm: Issues for Intending Residents: Care Agreements & Village Contracts
- Retirement villages vs aged care facilities and the provision of care in retirement villages
- What to look for in any Care Agreement particularly if in a serviced apartment
- What to look for in a Village Contract including:
- Capital Gains
- Departure Fee calculation
- Level of recurrent charges and their increase
- Village rules
Presented by Guy Vinden, Head of Aged Care, Health and Retirement Villages, Atkinson Vinden Lawyers; Recommended Health & Aged Care Lawyer, Doyle’s Guide 2018
2.45pm to 3.30pm: Finance and Funds Emerging Issues: Operator and Resident Perspectives
- Impact of COVID-19 on resident agreements
- Moving away from a lump sum based seniors living system
- Using resident contracts to meet consumer demands
- Additional services in aged care and villages
- Integrating home care into village contracts
Presented by Arthur Koumoukelis, Partner, Thomson Geer; Recommended Health & Aged Care Lawyer, Doyle’s Guide 2019
3.30pm to 3.45pm: Afternoon Tea
3.45pm to 4.30pm: Financial Elder Abuse: Identifying, Responding and the Aftermath
- Defining elder abuse
- Circumstances in which financial exploitation of elders can occur
- Methods to identify financial elder abuse
- Legal remedies for financial elder abuse
- Does an aged care facility owe a duty of care to prevent financial elder abuse?
Presented by Daniel Fleming, Partner, Pigott Stinson Lawyers
Professional Skills
4.30pm to 5.15pm: Capacity and Elder Abuse: The Medical Perspective (Presenting via Zoom)
- The medical perspective on mental impairment and how it impacts the elderly and their level of capacity
- The different states of mental impairment in the elderly, some of the causes, and some potential outcomes
- Understanding how mental impairment and capacity is assessed by medical professionals
- How elder abuse comes into play and how it can be observed by medical professionals
Presented by Dr Tuly Rosenfeld, Conjoint Associate Professor UNSW and Notre Dame University Sydney; Adjunct Professor UTS; Specialist Ageing and Medicine Centre
Presenters
Jessica Kinny
Jessica Kinny is a recognised expert in aged care, retirement living and health care law. Jessica advises aged care providers, retirement village operators and organisations which offer specialist products, services, health-tech solutions and other innovations within the sector. She has a deep understanding of the regulatory and practical challenges faced by her clients, and is known for providing them with the high quality and commercially pragmatic advice they need to overcome these challenges and seize opportunity amidst industry disruption – including by helping them reduce risk, resolve disputes, negotiate deals, and take advantage growth opportunities.
Luke Westenberg
Luke Westenberg is the Chief Executive Officer of the Aged Care Industry Association. He has worked in senior roles in government and the NFP sector, with extensive experience in policy and program management as well as Ministerial offices. Luke holds qualifications in politics and economics, and works to support and advocate for aged care providers, to ensure Australia’s aged care system is able to provide the ongoing high-quality care older Australians need.
Madeline WalshMadeline Walsh is a Partner in the Aged Care and Retirement Living team at Thomson Geer and the Deputy Chair of the Queensland Law Society Elder Law Committee. Madeline is also the Deputy Chair of the Leading Age Services Australia ‘Next Gen’ Queensland Ambassador Council.
Madeline acts for a wide range of private and not-for-profit aged care and disability service providers. She advises providers on their legislative responsibilities, risk management, compliance issues, commercial arrangements and clinical incident management.
Lucinda Smith
Lucinda Smith is a corporate lawyer with particular expertise in the health and aged care sectors. She regularly advises health industry clients in mergers and acquisitions and health projects. Lucinda has significant experience in the structuring and development of health, aged care and retirement village facilities. She also advises on regulatory compliance and a broad range of commercial contracts in the sector. Lucinda was named 'Lawyer of the Year' by Best Lawyers in Australia in 2017 (awarded 2016) and in 2013 in her specialty practice area of Retirement Villages and Senior Living Law (Sydney).
Jessica Fisher
Jessica is a director of FCB Group and partner and solicitor at FCB Workplace Law.
Based in our Sydney office, she is a highly experienced employment and industrial relations lawyer who has special expertise in working with clients operating in the aged-care sector, as well as in manufacturing, professional services, education and the pharmaceutical industry.
Katrina Ong
Katrina is an experienced Quality, Compliance and Risk Consultant with Pride Living Group a specialist consultancy to the Aged Care and Retirement Sectors. With substantial experience in clinical practice within aged care as a registered nurse, Katrina has worked to transform the way in which resident care is delivered in aged care services. She has a particular interest in supporting providers, large and small, to develop effective quality management systems as well as to ensure their systems respond to the new aged care quality standards.
Catherine Henry
Catherine is a well-known and highly respected medical and aged care lawyer with more than 30 years’ experience in this specialist field of law.
She has successfully handled thousands of claims against health and aged care facilities and medical providers and has worked on some of Australia’s highest profile cases during her lengthy career as a medical and health lawyer.
Irene Ryan
Irene Ryan went to the bar in 1987. Has been a practicing and practitioner since 1987. She has been an arbitrator and has coached mock trials in the past. Irene is a full-time practitioner.
Guy Vinden
Guy Vinden, as one of the firm's founding Directors, has over 30 years , experience in private legal practice and is the Senior Consultant with the , firm's Retirement Villages, Aged Care, Commercial and Business Divisions. , Guy and the firm have extensive experience in retail, commercial and , industrial leasing, sale and purchase of all forms of real estate including , rural, due diligence of properties, projects and proposals, financing , arrangements, building contracts and construction loans. Guy and the firm , have an enviable reputation in New South Wales as one of the leading , advisers in Retirement Villages and Aged Care Facilities.
Daniel Fleming
TBC
Arthur Koumoukelis
Arthur Koumoukelis specialises in the aged care and retirement village industry and joined Thomson Geer as a partner in April 2018. He has advised the sector since 1995, and has been consistently awarded Best Lawyer since 2011. He advises on all aspects of operations and development, appeared in all major courts and advised on the most landmark developments including Mark Moran Vaucluse, Watermark at Harbord and developed financial products for La Trobe. He has advised in Malaysia and Singapore in relation to developing facilities in those jurisdictions.
Dr Tuly Rosenfeld
Dr Rosenfeld is a specialist in Geriatric Medicine and aged care. He has provided services in hospital, community and residential care settings for over 30 years at the same time as roles in education and teaching, service development and research. Dr Rosenfeld has worked as a consultant with NSW Health in the implementation community care programs and has published in, international peer reviewed journals in issues of capacity and dementia. Dr Rosenfeld's special interests include development of services, care management systems, dementia care and decision making. He has regularly acted as an expert witness in wills/estate matters and medical negligence proceedings.