Aged Care Conference 2021: New Law, New Regulations, New Risks
Don’t miss your chance to examine critical regulatory and employment issues reforming the aged care sector right now. Join legal experts offering in-depth insights into the Royal Commission & regulatory reforms, how to deal with complaints, investigations & the Regulator, duty of care issues, whistleblowing, NDIS, & the new SIRS regime. Explore timely workplace issues including managing underperformance, dismissals, staff mental health, vaccination protocols, health & safety updates & IR reforms. WEB216N26
Description
Attend and earn 7 CPD units in Substantive Law
This program is applicable to practitioners from all States & Territories
Session 1
Aged Care Legislative and Regulatory Update
Chair: Luke Westenberg, Chief Executive Officer, Aged Care Industry Association
9.00am to 9.05am Opening Comments by the Chair
9.05am to 9.50am The Practical Realities of the Royal Commission & its Interplay with the Government’s Reform Agenda
- Comparing and contrasting the Royal Commission against the realities of the Government’s reform agenda
- What will the industry be left with? The financial and business landscape after the Royal Commission and the Government’s reform agenda
Presented by Arthur Koumoukelis, Partner, Thomson Geer Lawyers
9.50am to 10.35am The Regulatory Toolbox
- Key regulatory powers
- How the Regulator is applying its powers
- Dealing with the Regulator, including review of decisions
Presented by Lucinda Smith, Partner and Madeline Walsh, Partner, Thomson Geer Lawyers
10.35am to 10.50am Morning Tea
10.50am to 11.35am Duty of Care, Complaints Management and Governance Post Aged Care Royal Commission
Examine some of the recommendations of the Royal Commission into Aged Care Quality and Safety regarding:
- Duty of care, including general duty to provide high quality safe aged care and accessorial liability
- Restrictive practices and medication management
- Complaints management
- Provider governance and the new Governance Standard
Presented by Alison Choy Flannigan, Partner, Hall & Wilcox Lawyers NSW
11.35am to 12.20pm The New Serious Incident Response Scheme (SIRS): The Legislation and What it Means for Aged Care Providers
- Incident management system requirements
- Mandatory reporting obligations
- Strengthened disclosure, governance implications & operational changes as they relate to SIRS
Presented by Michele Moreau, Director and Clinical Governance Advisor, Preventing Harm Initiative
12.20pm to 1.05pm The Interplay of NDIS and Aged Care Legislation
- What is the NDIS and why is it relevant to residential aged care providers?
- What additional obligations does the NDIS impose of residential aged care providers with NDIS participant residents?
- What are the consequences of non-compliance with the NDIS under both the NDIS and the ACQSC?
- What impact will the Aged Care Royal Commission’s recommendations about younger persons in residential aged care have on these issues?
- What options are available to RAC providers?
Presented by Julia Abrahams, Chief Counsel, Catholic Healthcare NSW
1.05pm to 1.15pm Final Q&A and Closing Comments by the Chair
Session 2
Aged Care Staff and Employment Issues
Chair: Luke Westenberg, Chief Executive Officer, Aged Care Industry Association
2.00pm to 3.00pm Managing Underperformance & Disciplinary Matters in Aged Care (Including an Overview of Mental Health and Vaccination Considerations)
- Managing underperformance and dismissals
- Differentiating between underperformance and misconduct
- Formal vs informal responses & tips for when and how to manage each approach
- What to do if an employee responds with claims of discrimination, bullying or mental stress
- Examples of valid & invalid reasons for dismissal for underperformance, including necessary evidence and documentation
- Vaccinations
- Can an employer insist on mandatory vaccination?
- What are the implications when an employee refuses to be vaccinated?
- Guide to navigating staff mental health issues in the current environment
- What you need to know about how different legislation and laws interact
- The ramifications based on whether mental health issues are caused by work or non-work related conditions
- Diagnosis and requesting medical assessments & records
- Obligations to provide reasonable adjustments and their limits
- When dismissals related to mental health issues are lawful
Presented by Megan Bowe, Partner, Colin Biggers & Paisley Lawyers
3.00pm to 4.00pm Navigating Health and Safety Risks & Obligations in Today’s Environment
- Checklist of some of the latest & most pressing safety risks & obligations in aged care
- Obligations & best practices when responding to a critical incident or unexpected circumstances
- Risk management: analysis of new regulatory frameworks that arose during the pandemic and how they conflicted with legal and ethical dilemmas during COVID-19
- The impact of COVID-19 on staff now & going forward, including implications for possible future claims
- Worker fatigue, health risks for employees, on-the-fly decision making, introduction of new systems and rapid changes in protocols
- Industrial manslaughter update
- What can an aged care provider reasonably and lawfully require an employee to do?
Presented by Rachael Sutton, Partner, Mills Oakley Lawyers
4.00pm to 4.15pm Afternoon Tea
4.15pm to 5.15pm 2021 Update on Casual Employment, Wages, Work Value Claims & the Aged Care Sector
Examine the latest developments in IR reforms, casual employment, wages, work value claims and the impact on the aged care sector, including the practical takeaways from developments in the following areas:
- IR reforms and navigating changes to casual employment
- The Health Services Union’s landmark Work Value Claim & the potential ramifications for the aged care sector
- What is a work value claim?
- What could happen if the claim is made out?
- Lessons from the recent work value claim for early childhood teachers
- Additional issues of note to aged care providers
Presented by Michal Roucek, Senior Associate, FCB