NDIS Law Conference
With underfunding of participants a concern during the pandemic and overall funding expected to grow to $31.9 billion in 2024-5, examine the strategies you should have in place to ensure you are not caught out and can assist your clients. Learn from the latest cases, understand assessing capacity and restrictive practices, discover steps for self-advocating at the AAT and analyse appropriate business structures for NDIS providers. A must-attend for advisers and providers of the NDIS industry. WEB222N03
Description
Attend and earn 7 CPD units including:
5.5 units in Substantive Law
1.5 units in Professional Skills
This program is applicable to practitioners from all States & Territories
Session 1
Assessing Capacity, Service Agreements & Cases in the NDIS
Chair: Kim Boettcher, Barrister, Frederick Jordan Chambers
9.00am to 10.00am Evaluating Decision Making Ability and Evidencing Informed Consent of Participants
- When does the right to assume decision making capacity become dangerous?
- Common types of problematic high stakes decisions with ageing and disabled clients
- Behaviour based evaluation of decision making; safeguarding and supporting the will and preference of the person under care
- Resolving decision making ability: Introduction to interview evaluation protocol
- Introducing cognitive responsiveness as mitigation strategy for abusive or coercive conduct
- Practical application with the case studies
Presented by Michael Perkins, Principal Lawyer and Dr Jane Lonie, Clinical Neuropsychologist, Autonomy First Lawyers
10.00am to 11.00am Restrictive Practices: Law and Case Update
- The legal issues of restrictive practices and the NDIS scheme
- Dealing with the serious consequences of getting it wrong
- Lawful defences – no excuses
- Civil claims damages and criminal consequences
- Recent cases
Presented by Rodney Lewis, Senior Solicitor, Elderlaw Legal Services; Recommended Health & Aged Care Lawyer, Doyle’s Guide 2021
11.00am to 11.15am Morning Tea
Professional Skills
11.15am to 12.15pm Step-by-Step Guide to Running a Review at the Administrative Appeals Tribunal
- Role of the Tribunal
- Steps in a review
- Participation by the parties
Presented by Fiona Meagher, Deputy President and Division Head for the National Disability Insurance Scheme Division, Administrative Appeals Tribunal
12.15pm to 1.15pm 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
Session 2
Legal Issues Impacting Disability Service Providers
Chair: Andrea De-Smidt, Senior Solicitor, Queensland Advocacy Incorporated
2.00pm to 2.45pm Self-Advocacy through the NDIS Process: Initial Access, Internal Reviews and AAT Appeals
- Overview of review rights for NDIS participants and prospective participants
- Self-advocating through the NDIS appeals process when there is no legal representation
- How an advocate can support a self-represented applicant at the AAT
Presented by Amanda Brickwood, Manager Advocacy, Disability Advocacy NSW and Kylie Hyde, Senior Disability Law Solicitor, Mid North Coast Legal Centre
Professional Skills
2.45pm to 3.30pm NDIS Support Coordinators: Service Agreements, Third Parties and NDIA
- Service agreements and reporting
- Representation and engagement of third parties
- On the frontline implementing NDIA decisions
Presented by Deborah Frith, CEO, My Voice
3.30pm to 3.40pm Break
3.40pm to 4.25pm NDIS Compliance Obligations and Regulatory Powers of the NDIS Commission
- Regulatory architecture for the NDIS: What is different and what are the challenges?
- Key compliance requirements and the obligations that often get overlooked
- Worker screening and other regulatory controls for workers: What are providers responsible for?
- Overview of NDIS Commission’s investigation, compliance and enforcement powers
- Challenges and conundrums for regulation in the NDIS
Presented by Kai Sinor, Senior Solicitor, Terri Janke and Company and former Assistant Director of Compliance, NDIS
4.25pm to 5.10pm Business Structures for NDIS Providers: Sole Trader or Proprietary Limited Company? The Risks and Rewards
- Asset protection provided by each structure and the risk exposure
- What are the tax implications for the service provider?
- Differences between employee and independent contractor under the law
Presented by Clifford Hughes CTA, Principal, Clifford Hughes & Associates; Accredited Specialist in Taxation Law; Accredited Specialist in Business Law (Qld); Accredited Specialist in Wills and Estates Law (VIC), SMSF Specialist Adviser
Presenters
Kim Boettcher
Kim Boettcher, Barrister, Frederick Jordan Chambers Kim Boettcher is a Barrister at Frederick Jordan Chambers in Sydney. Kim practises in Equity, Common Law, Guardianship law and Wills and Estates. Prior to coming to the Bar, Kim practised as a Solicitor in commercial and civil litigation law in England and Wales, New South Wales 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. 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. Kim was appointed to the NSW Bar Association’s Succession and Elder Law Committee in 2021.
Michael Perkins
Michael Perkins TEP is a lawyer, author and educator with over 30 years’ experience in trusts, estates and private client practice. He has worked in boutique and large firms helping families across generations to preserve and manage their wealth, family and community connections. He is a founder of Autonomy First and is focused on helping empower and evidence the decision-making ability of his clients. He is focused on building cognitive responsive workplaces and workers so professional and commercial service providers alike can work more effectively to help their clients and patients age well.
Dr Jane Lonie
Jane is a consultant clinical neuropsychologist, author and educator with 20 years of experience in the assessment, management and research of cognitive dysfunction in adults and older adults. Her cases have ranged from early and differential dementia diagnosis, cognitive impairment, testamentary capacity, guardianship disputes, and financial management orders through to assessment of a person’s capacity to instruct, give evidence or appoint or revoke a power of attorney. Jane has substantial experience in courts providing expert medico-legal opinion on legal capacity. In her research and educator role she is the author of over 20 peer reviewed articles in the areas of dementia and capacity.
Rodney Lewis
Author of the text: Elder Law in Australia, 2nd edn, Lexis Nexis, Sydney 2012; has practised in Elder Law since 1999 and longer, in wills and estates; has been delivering elder law education by way of talks and seminars to the legal profession and to the community, in elder law, for many years.
Fiona Meagher
Fiona was admitted as a solicitor in 1989. She practiced in commercial litigation and corporate law before working in-house as General Counsel and Company Secretary for Telecom New Zealand Australia. Fiona has worked in Tribunals since 2014. For the Queensland Mental Health Review Tribunal 2014-2018 then appointed as a part time member of the AAT (Migration and Refugee Division) in 2015, and assigned to the NDIS Division in 2017. She was appointed a full time Senior Member of the AAT in 2018, with management responsibilities for the NDIS Division since that time. She was recently appointed the Deputy President and Division Head of the National Disability Insurance Scheme (NDIS) Division at the AAT. Fiona is also an accredited mediator.
Martin Koshy
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.
Andrea De-Smidt
Andrea de Smidt has worked for over twelve years as a lawyer supporting disadvantaged members of our community. Andrea’s experience includes coordinating the Homeless Persons Legal Clinic and Self Representation Service, both initiatives of LawRight, and working as a Senior Lawyer for Legal Aid Queensland representing clients in anti-discrimination complaints and National Disability Insurance Scheme appeals. Andrea now supports a team of advocates working for QAI’s NDIS Advocacy Practice.
Amanda Brickwood
Amanda has over 10 years’ experience in the community services sector supporting disadvantaged members of our community. Over the past 5 years working with Disability Advocacy NSW (DANSW), Amanda has gained extensive advocacy experience and knowledge about the issues experienced by people with disability interacting with the NDIS system, particularly around reviews and appeals. Previously Amanda worked in the refugee and asylum seeker support programs in a management capacity and also directly with clients in the mental health space.
Kylie Hyde
Kylie provides advice, assistance and representation to Disability Advocacy NSW (DANSW) clients throughout NSW. She also provides educational sessions to medical, allied health professionals and members of the community, in relation to the NDIS and Disability Support Pension (DSP). Prior to joining the Mid North Coast Legal Centre, Kylie was with Legal Aid in the Government Law NDIS team. She has an extensive background in litigation that begun in private practice in a regional firm, then overseas as a Legal Officer for two London Boroughs. Kylie recently appeared as a witness before the Senate Inquiry into the Purpose, Intent and Adequacy of the DSP.
Deborah Frith
Deborah experience includes positions of Manager Information and Private Guardian Support at the Office of the NSW Public Guardian, CEO of the NSW Brain Injury Association, Director of Marketing and Business Development Royal Rehabilitation Centre and Project Development consultant with the Brain Injury Rehabilitation Trust UK. Prior to that she worked for 8 years supporting children and adolescents with disability and behavioural support. Deborah has led initiatives such as the statewide community education campaign on Enduring Guardianship and the Roundtable on Capacity Assessment. She has provided a range of senior level advice to government including as an inaugural member of the Lifetime Care and Support Advisory Council.
Kai Sinor
Kai is Senior Solicitor at Terri Janke and Company with over 10 years’ experience working across a variety of social justice issues in Australia and abroad. Kai specialises in the National Disability Insurance Scheme (NDIS) governance and regulatory issues. Kai was the Assistant Director for Compliance in South Australia at the NDIS Quality and Safeguards from the launch of the Commission in July 2018. Prior to being admitted, he worked with the Australian Agency for International Development and the Commonwealth Ombudsman, managing projects to strengthen the capacity of public sector governance agencies in Papua New Guinea and the South Pacific.
Clifford Hughes CTA
Clifford Hughes consults to legal, accounting and planning practices in respect of taxation, business structuring and succession issues for their clients. He is an Accredited Specialist in Taxation Law, an Accredited Specialist in Business Law and a Chartered Tax Adviser.