NDIS Law: Case Update and Legal Obligations
Unravel the latest cases and decisions on persons living with disabilities. Explore the role of the Public Trustee and how to revoke guardianship and administration orders. Examine practical approaches to substitute decision making and hear the latest updates on the Royal Commission. This webinar is a must-attend for all personal injury, workers compensation, not for profit, and government lawyers, along with anyone else working in the area. WEB219N01
Description
Attend and earn 3 CPD units in Substantive Law
This program is applicable to practitioners from all States & Territories
Chair: Kim Boettcher, Barrister, Frederick Jordan Chambers
2.00pm to 2.45pm Review of Recent Cases at the AAT and Federal Court
- The right to self-determination in capacity decisions
- The role of the fourth estate in advocating for incapacitated people
- Protection or profiteering; the lengths and limitation of state sanctioned advocacy
- Review of recent cases
Presented by Christine Smyth, Principal, Christine Smyth Estate Lawyers
2.45pm to 3.30pm Substitute Decision Making
- Approaches to substitute decision making in NSW, VIC and QLD
- Overview of current issues and solutions for providers, including fluctuating capacity and resolving disagreement
Presented by Penelope Eden, Partner, MinterEllison; Best Lawyers 2022, Health and Aged Care Law, Insurance Law, Medical Negligence and Personal Injury Litigation; Recommended Health & Aged Care Lawyer and Recommended Medical Negligence Lawyer (Defendant), Doyle’s Guide 2020 and Sacha Shannon, Senior Associate, MinterEllison
3.30pm to 3.40pm Break
3.40pm to 4.25pm Dealing with Guardianships and Trustees: Key Strategies and Principles
- Legal framework regarding guardianship and administration orders
- The role of Trustees and removing Trustees
- Revoking guardianship and administration orders
Presented by Amee Grattan, Director, Disability Law Queensland; member, Health & Disability Law Committee, Queensland Law Society
4.25pm to 5.10pm Royal Commission Update
This presentation will provide key insights into a summary of the work done by the Royal Commission to date, the key themes the Royal Commission is examining moving forward and the likely areas for recommendations and policy / legislative change. Specifically, this session will explore:
- Attitudinal, environmental, institutional and communication barriers to inclusion within Australian society that people with disability continue to face
- What service providers can do to provide advocacy and support for people with disability in their care
- Likely changes to restrictive practices
- Funding implications arising from necessary adjustments to the NDIS
- What the disability housing sector will need to look like for the future
Presented by Luke Geary, Partner, Mills Oakley; Best Lawyers 2022, Non-Profit/Charities Law
Presenters
Kim Boettcher, Barrister, Frederick Jordan Chambers
Kim practises in Equity, Common Law, Guardianship law and Wills and Estates. Kim was appointed to the NSW Bar Association’s Succession and Elder Law Committee in 2021. 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. Kim was appointed to the inaugural Legal Services Council in 2014 and she was reappointed from 2017-2020. She is a Director of INPEA and Treasurer of the International Commission of Jurists Australia.
Christine Smyth, Principal, Christine Smyth Estate Lawyers
Christine is a QLS Accredited Specialist (Succession Law), one of a handful of the thirteen thousand Queensland Solicitors to achieve this coveted status. She is the longstanding author of “What’s New In Succession Law” column published in the Queensland Law Society Proctor Magazine. She is a former Queensland Law Society: President, Deputy President, Past President and Council member; and a former Director of: Lexon Insurance and the Law Council of Australia. Christine's current leadership positions include Executive Member of the Law Council of Australia Legal Practice Section and Deputy Chair of STEP Worldwide Mental Capacity Global Special Interest Group.
Penelope Eden, Partner, MinterEllison
Penelope provides regulatory and commercial advice to private, listed and not-for-profit operators. She understands emerging sector trends, government policy and the day-to-day issues facing operators of health, aged care and disability services. Penelope advises on regulatory compliance, risk management following major clinical or service related events, managing complaints involving industry regulators, advising on accreditation issues, drafting resident agreements, advising on security of tenure and all aspects of clinical governance. Her clients include insurers and public and private healthcare operators. She is a litigator and has appeared in all courts and tribunals in a range of civil proceedings and appeals.
Sacha Shannon, Senior Associate, MinterEllison
Sacha is a Senior Associate in the health and human services team at MinterEllison. Sacha specialises in health and human services regulatory work, acting for a range of private and non-for-profit providers. Sacha is heavily involved in both the Royal Commission into Aged Care Quality and Safety and the Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability.
Amee Grattan, Director, Disability Law Queensland
Amee is a solicitor with over a decade of experience working multiple roles in Wills and Estates. Earlier in her career, she worked at the Official Solicitor to the Public Trustee for Queensland. Amee is devoted to empowering marginalised and vulnerable people. She advocates for those with disabilities, their families within the community and their rights for justice. In 2020 Amee was the finalist and the winner of the Greater Brisbane Women In Business Awards for the 2020 Community Dedication and Social Justice Award for her commitment to assisting people with disabilities and the community with their legal matters and raising community awareness.
Luke Geary, Partner, Mills Oakley
Luke has extensive experience acting for a range of providers operating throughout the social welfare, aged care and disability support services sector. He advises some of Australia’s largest and most diverse NFPs on a daily basis as they seek to undertake service provision to some of the most vulnerable persons of our communities. In his work, Luke helps those organisations in their dealings with the ACNC, ATO, State and Commonwealth government agencies, as well as other contracting parties. Luke has extensive Royal Commission experience over the past two decades and is currently engaged by a number of providers currently involved in hearings before the Disability Royal Commission.