Aged Care Alert: Critical Updates
Stay on top of new legal & operational risks impacting the aged care sector with a timely & necessary guide to the significant changes and serious hazards impacting the area. Consider what you need to do to prepare for new & upcoming legislative reforms. Develop strategies to deal with COVID-19 lawsuits. Review the SIRS & what you need to update in the current landscape. Explore the new restrictive practices regime & the latest in privacy obligations. Attend live online or watch the recording. WEB225N25
Description
Attend and earn 4 CPD units including:
3.5 units in Substantive Law
0.5 unit in Professional Skills
This program is applicable to practitioners from all States & Territories
Chair: Irene Ryan, Barrister, Frederick Jordan Chambers
1.00pm to 1.05pm Opening Comments
1.05pm to 1.50pm Effective Clinical Governance in Aged Care
- Expectations under the Aged Care standards
- First and second line of defence
- Governance failures and remediation
- Governing body responsibilities
- Upcoming reforms
Presented by Julie McStay, Partner, Thomson Geer Lawyers
1.50pm to 2.35pm Navigating a Wave of COVID-19 Lawsuits from Employees
- Disputes over implementing, and enforcing, mandated COVID-19 vaccinations and boosters
- Unfair dismissal, adverse action, unlawful discrimination and COVID-19 vaccinations
- Employer liability for COVID-19 infections at work
Presented by Alon Januszewicz, Executive Legal Counsel, HealthLegal
2.35pm to 2.45pm Break
Professional Skills
2.45pm to 3.30pm Serious Incident Response Scheme: Lessons Learned so Far, Where Things Stand, and How to Improve Practices While Minimising Risk
- Analysing the current compliance landscape
- Tips on how to ensure correct reporting and critical focus areas
- Takeaways from provider case studies
- Lessons learned in war-gaming your incident management system to respond to a SIRS report
Presented by Katrina Ong, Partner – Quality Management & Clinical Governance, Pride Livin
3.30pm to 4.15pm Restrictive Practices: The New Regime
- Regulatory requirements in relation to restrictive practices under the Aged Care Act
- In the event that an adult is incapable of consent and restrictive practices are required, who can consent to restrictive practices?
- Case studies
Presented by Alison Choy Flannigan, Partner & Leader, Health & Community, Hall & Wilcox
4.15pm to 5.00pm Resident Privacy: A Guide to Current 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 plan
Presented by Vanessa Baic, Special Counsel, K&L Gates
5.00pm to 5.10pm Final Q&A and Closing Comments
Presenters
Irene Ryan
Irene Ryan went to the bar in 1987. Has been a practicing and practitioner since 1987. She has been an arbitrator and has coached mock trials in the past. Irene is a full-time practitioner.
Julie McStay
Julie is a Partner in the Aged Care and Retirement Living team at Thomson Geer. She leads the firm's Brisbane Health & Aged Care team. The team is a unique combination of seven lawyers and two clinical consultants. Julie's team forms part of the larger national Health & Aged Care team working across Australia. Julie specialises in providing regulatory compliance advice to residential aged care providers, home care providers and retirement living operators. Julie is acknowledged as a leading provider of legal services to these industries. She provides advice in relation to all aspects of non-compliance including sanction and accreditation decisions, coroner's matters, major incident investigations and workplace health and safety investigations. She advises a large range of aged care providers and retirement living operators including publicly listed groups, private groups and not-for-profits. She is a trusted advisor to some of the largest aged care providers in the country and is retained to act for many providers in the Royal Commission into Aged Care Quality and Safety. In addition, Julie is a Director of Simply Legal Pty Ltd, an organisation that offers access online to high-quality residential care agreements, home care agreements and other templates documents for aged care providers. Julie has a Masters of Law with a major in health law. She is also a graduate of the Australian Institute of Company Directors.
Alon Januszewicz
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. 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 employment related matters before courts and tribunals.
Katrina Ong
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.
Alison Choy Flannigan
Alison Choy Flannigan has over 20 years of corporate, commercial and regulatory legal experience. Alison was previously General Counsel of one of Australia's largest private hospital operators and an Approved Provider of aged care services and was previously is a partner of a major Australian National law firm. She is Company Secretary of the National Foundation for Medical Research and Innovation and has been a member of a number of aged care and hospital committees, risk management committees and advisory boards. For many years Alison was been nominated by her peers in Best Lawyers International: Australia and in the Australian Financial Review as one of Australia's 'best lawyers' in the areas of health and aged care, retirement living and biotechnology.
Vanessa Baic
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.