NDIS Law: Guardianship and Other Critical Legal Issues
Gain insights into the latest updates and emerging issues by hearing directly from the Regulator with a timely & informative presentation from the NDIS Quality and Safeguards Commission. Pulse-check your service agreements and gain tips on how to get them right. Understand obligations of businesses that supply goods or services to consumers with disability under the Australian Consumer Law. Attend and discover the legal issues for participants and providers under the NDIS. WEB216N36
Description
Attend and earn 4 CPD units in Substantive Law
This program is applicable to practitioners from all States & Territories
Chair: Kim Boettcher, Barrister, Frederick Jordan Chambers
9.00am to 9.05am Opening Comments by the Chair
9.05am to 9.50am NDIS Quality and Safeguards Commission Updates
- The Commission roles and functions
- Recent updates and emerging issues
Presented by Christine Regan, Principal Advisor Engagement, NDIS Quality and Safeguards Commission
9.50am to 10.35am Participants Rights and Obligations of DSPs under the Australian Consumer Law
- ACCC’s role and priorities
- Rights of consumers living with disability under the Australian Consumer Law
- Obligations of businesses that supply goods or services to consumers with disability under the Australian Consumer Law
- Responsibilities towards vulnerable and disadvantage consumers
- ACCC’s engagement in the disability sector including educative initiatives
Presented by Eti Abdulioglu, Assistant Director, Consumer, Small Business & Product Safety Division, Australian Competition & Consumer Commission (ACCC)
10.35am to 10.50am Morning Tea
10.50am to 11.35am Negotiating the NDIA and its Requirements: An NDIS Provider and Participant Perspective
- Choice and control: working with participants, nominees and decision makers
- Understanding the NDIA and its administrative decisions
- Negotiating service delivery within an insurance framework
- Privatisation and quality and safeguards
Presented by: Deborah Frith, CEO and Dr Robert Zoa Manga, CEO, My Voice; member, NCAT Guardianship Division
11.35am to 12.20pm Guardianship Issues: Advising Families of NDIS Participants
- Who has the legal right or obligation to act on behalf of an intellectually impaired participant?
- Is it the next of kin or other family member?
- Can a guardian be appointed and how does the process work?
- Contrasting the different state of the law, in various Australian jurisdictions
Presented by Clifford Hughes, Principal, Clifford Hughes & Associates; Accredited Specialist in Wills and Estates Law (VIC); Accredited Specialist in Taxation Law; Accredited Specialist in Business Law (QLD)
12.20pm to 1.05pm Service Agreements: Entering into a Contract with DSPs and Unfair Contract Terms
- Legal disability and incapacity: the effect on validity of a contract
- Standard form contracts and unfair contract terms
- Red flags to watch out for in service agreements
Presented by Martin Koshy, Partner, Tang Law
1.05pm to 1.15pm Closing Comments by the Chair
Presenters
Kim Boettcher, Barrister, Frederick Jordan Chambers
Kim practises in Equity, Common Law, Commercial law, Property law and Wills &Estates. Prior to coming to the Bar, Kim practised as a solicitor in commercial and civil litigation law in England and Wales, NSW and Queensland. She also practised as a Solicitor at the Seniors Rights Service, an independent legal centre. She was appointed to the NSW Minister of Fair Trading's Retirement Villages Advisory Council in 2013 and also to the Minister's Expert Committee on Retirement Villages Standard Contract Terms and Disclosure Documents in 2011. She is a Director of INPEA and Treasurer of the International Commission of Jurists Australia.
Christine Regan, Principal Advisor Engagement, NDIS Quality and Safeguards Commission
Christine has worked at the NDIS Quality and Safeguards Commission since it launched in July 2018. In October 2020, she commenced in the role of Principal Advisor Engagement with the national office, previously she was primarily a State Director NSW and ACT. Prior to joining the NDIS Commission, she spent over 4 ½ years at the NSW Ombudsman’s Office on the Rights Project for People with Disability and as a senior investigator within the Complaints Team. For 16 years, Christine worked as a Senior Policy Officer for the NCOSS NSW Council of Social Service in the areas of ageing and disability. She has served on the Anti-Discrimination Board of NSW and on the executive Boards of the NSW Council for Intellectual Disability and the National Council on Intellectual Disability (now Inclusion Australia). Christine has worked as Manager of TRI Community Exchange, a Family Resource Centre in Penrith region. For 8 years, she was development officer for older people and people with disability at Western Sydney Community Forum. She has worked variously as consultant and board member with many local disability and community organisations. Christine is the proud mother of 3 adult children. Importantly in her career, Christine credits her daughter Erin, who has Down syndrome, as her motivator and her educator.
Eti Abdulioglu, Assistant Director, Consumer, Small Business & Product Safety Division, ACCC
Etihas a Bachelor of Laws (Honours), Master of Laws, Bachelor of Business (Accounting) and has been working at the ACCC for over 10 years. Her role consists of conducting a range of consumer focused projects that align with the ACCC’s priority areas, educating consumers and businesses about their obligations and rights under the Competition and Consumer Act and the Australian Consumer Law. Eti employs a range of compliance tools, primarily focusing on education, engagement and disruption. Previously, Eti worked in the Enforcement Division of the ACCC for many years, investigating, preparing and bringing matters to court.
Martin Koshy, Partner, Tang Law
Martin Koshy is a Partner at Tang Law, Perth. He practices in the area of Commercial Litigation and Dispute Resolution. Martin was admitted to the Supreme Court of Western Australia in 1999, following graduation from the University of Western Australia. He is also admitted to the High Court and Federal Court of Australia.