Aged Care Forum 2021: Resident Care & Risks
Maximise quality of care & minimise risk by gaining urgent updates & in-depth guidance into the key resident care issues in the aged care sector right now. Examine how to respond to and report sexual assaults. Consider how to deal with residents and restraints. Get up to date on the latest in resident privacy issues. Explore takeaways from recent coronial inquests and gain up to date guidance on the latest risk management and regulatory compliance strategies related to client care. WEB216V05
Description
Attend and earn 4 CPD units in Substantive Law
This program is applicable to practitioners from all States & Territories
Chair: Grant Mackenzie, Partner, Phillips & Wilkins
9.00am to 9.05am Opening Comments by the Chair
9.05am to 9.50am Responding to & Reporting Sexual Assaults in the Aged Care Context
- Findings and recommendations from the Royal Commission into Aged Care Quality and Safety related to sexual assault
- What constitutes unlawful sexual contact?
- Key sexual assault considerations specific to aged care providers and residents
- Challenges surrounding capacity and mental impairments
- Responding to and investigating a potential sexual assault
- Employment implications
- Reporting sexual assaults
- The new Serious Incident Response Scheme (SIRS) & reportable incidents under this scheme
- Reporting obligations and identifying the relevant agencies
- Protecting people who report a sexual assault
- Record keeping
Presented by Alon Januszewicz, Executive Legal Counsel, Health Legal
9.50am to 10.35am Residents and Restraint: Navigating the Risks & Regulations
- Checklist of key requirements under the relevant legislation
- Assessment: duties & obligations, assessment methods, exploring and evaluating other options
- Chemical restraints: key factors & considerations
- Communicating or working with medical professionals
- Consent: what constitutes valid consent, documentation issues, and dealing with substitute decision makers
- Reporting and documentation checklist to meet obligations & minimise risk
Presented by Deborah Foy, Barrister, Dever’s List
10.35am to 10.50am Morning Tea
10.50am to 11.35am Resident Privacy: A Guide to Obligations and Compliance
- Key privacy concepts that operators need to know
- Personal information, sensitive information and health information
- Privacy compliance issues & the legal risks & obligations in the aged care industry
- Collecting information: what to collect, what not to collect, and consent
- Storing and accessing information: what must you provide access to & the related exceptions
- Disclosing information: when information can & can’t be used and disclosed
- Tips on how to minimise risk with respect to privacy compliance
- A guide to developing and implementing robust privacy policies & processes
- Assessing and reporting on privacy compliance
- Complaints & data breach response plans
Presented by Vanessa Baic, Special Counsel, K&L Gates
11.35am to 12.20pm Coronial Inquests: How are Resident Care Risks Playing out in Practice?
- Navigating the coronial process
- Powers of the Coroner, reporting issues and investigations
- Recent findings and case studies across Australia from the Coroner's Courts
- Learnings for aged care operators
Presented by Jane Fiske, Partner and Kate Mellier, Senior Associate, Lander & Rogers
12.20pm to 1.05pm Resident Care Risk Management & Compliance in the Post COVID Environment
- The state of the industry: non-compliance data analysis of Residential Aged Care from July to December 2020
- Data analysis of how COVID-19 affected resident care quality and compliance and the potential impact moving forward
- Case studies and analysis:
- Personal and clinical care
- Reviews of care and services
- Managing risks effectively (high impact, high prevalence risks)
- Infection control
- Management, staff and culture
- Business continuity and preparedness
Presented by Katrina Ong, Partner – Quality Management and Clinical Governance, Pride Living Group
1.05pm to 1.15pm Final Q&A and Closing Comments by the Chair
Presenters
Grant Mackenzie, Partner, Phillips & Wilkins
Grant Mackenzie is a Partner at Phillips & Wilkins Lawyers. Grant leads the Elder Law and Business Law Teams and is also a Financial Planner. Providing legal advice to private clients for over 30 years, Grant's in depth knowledge enables him to tailor practical advice and legal solutions to clients, their families and businesses. Grant is a member of the Elder Law Committee of the Law Institute of Victoria. He is regularly invited to present his popular seminars on his areas of expertise to conferences and community groups such as Rotary, Probus and the University of the 3rd Age.
Alon Januszewicz, Executive Legal Counsel, Health Legal
Alon provides expert and practical advice to health sector clients about complying with their statutory and contractual obligations and managing legal risks around those issues. In addition, Alon has extensive experience assisting health sector clients in negotiating commercial agreements and advising about their rights under those agreements. Alon’s commercial experience includes drafting and providing advice about IT contracts, tendering and procurement agreements and government funding agreements. When a dispute arises, Alon works with clients to resolve the dispute. In addition, Alon has experience providing advice to statutory authorities and research alliances about their compliance with privacy and record keeping obligations. Alon’s experience also extends to advising about the governance of statutory authorities, including matters related to managing conflict of interest and making decisions with delegated authority. Clients rely on Alon for his expertise and strategic insights concerning employment related matters. Alon regularly provides advice to employers about their obligations under the Fair Work Act and in relation to disciplinary proceedings and termination of employment. Alon’s litigation experience includes representing health sector clients in a range of courts and tribunals such as FOI proceedings before VCAT, in family maintenance actions before the Supreme Court of Victoria, in resisting subpoenas and in appearing before a royal commission. Alon’s in-house counsel experience includes delivering training as well as providing commercial and regulatory compliance advice to boards and executive management. Prior to joining Health Legal, Alon was Senior Legal Adviser to the Australian Health Practitioner Regulation Agency. He has previous experience as a senior legal officer in the Attorney-General’s Department and as a Research Associate to the Federal Court of Australia. Alon has a Masters degree in Law and is also a member of the New York Bar having passed the New York Bar exam.
Deborah Foy, Barrister, Dever’s List
Deborah Foy practises primarily in personal injury proceedings in medical negligence and public liability. She also frequently appears in the Coroners Court where she has acted for aged care services as well as health services and families. She also frequently appears in the Guardianship and Administration List, acting for both family members aged care services and health services. Before coming to the Bar, she was in-house counsel for 6 years in a large metropolitan public health service, which included an public psycho-geriatric aged care service and a mental health service.
Vanessa Baic, Special Counsel, K&L Gates
Vanessa Baic is a corporate and commercial lawyer whose practice focuses on the health, aged care/retirement living and therapeutic goods sectors. Ms. Baic advises clients on a range of issues affecting the above industries including compliance with regulatory requirements, contracting, risk management, privacy, structuring and mergers and acquisitions. Her clients include some of Australia's most well known companies in the health, aged care/retirement living and therapeutic goods sectors and comprise for-profit and not-for profit entities as well as government.
Jane Fiske, Partner, Lander & Rogers
Jane has acted on behalf of many Victorian public and private hospitals, health facilities, doctors and allied health professionals. She has extensive experience in coronial enquiries, complaints, significant claims and defence litigation in the medical malpractice sphere. Jane has authored a number of other health and litigation related e-bulletins. Jane is recognised in the 2019 and 2020 editions of Best Lawyers in Australia for her expertise in Medical Negligence law. She is also in the current edition of the Doyle's Guide as a pre-eminent lawyer in the field of Medical Negligence. Jane is also chair of the firms ethics Committee. Jane is a member of the Law Institute of Victoria, Women in Insurance, and the Medico Legal Society.
Kate Mellier, Senior Associate, Lander & Rogers
Kate is an insurance lawyer practising in medical indemnity. She advises and represents Victorian public and private hospitals, medical practitioners, nurses and allied health practitioners. Kate's area of expertise is coronial investigations and inquests. Prior to joining the firm, she was a solicitor at the Coroners Court of Victoria, assisting Coroner's in all aspects of coronial investigations. Kate has experience defending litigated and non-litigated medical negligence claims and advising in relation to investigations performed by regulatory bodies including the Health Practitioner Regulation Agency and the Health Complaints Commissioner.
Katrina Ong, Partner – Quality Management and Clinical Governance, Pride Living Group
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. As someone who has worked ‘hands-on’ in the aged care industry, she offers an authentic understanding of the challenges providers face in delivering exceptional resident care in an ever more complex and consumer-driven environment.