NDIS: Legal Obligations and Case Update
Attend and identify the latest legal issues for participants and providers under the NDIS while developing knowledge and strategies to effectively deal with those issues. Gain insights into the latest cases from the AAT and Federal Court and examine what the decisions mean to you and your clients. Explore the legislative framework for decision making and capacity including the key issues and how you should handle them. Plus delve into the latest updates on specialist disability accommodation. WEB226N36
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 10.00am Representing NDIS Applicants at the AAT
- Effective representation of NDIS applicants at the AAT – the importance of understanding legal frameworks
- Understanding the key provisions in the Act – especially ss 24 and 34
- Understanding relevant Rules: the connection to ss 24 and 34 is not always clear, so it is important to prepare to articulate how the Rules inform the application of the statutory criteria
- Understanding the Operational Guidelines – again, not always clear how they inform the statutory criteria, so important to be read to explain; note the application of Drake
- Effective representation of NDIS applicants at the AAT – the importance of the facts
- Developing a case theory – examples
- Preparing an effective statement of lived experience
- Commissioning effective expert evidence
- Effective representation of NDIS applicants at the AAT – process and procedure
- Making effective use of AAT procedure – honing your case through the case conference process
- Understanding the scope of the AAT’s jurisdiction – considering the expiry of plans and Williamson; noting the effect of QDKH
- Resolving before hearing – making use of s 42C and 42D
Presented by Joel Townsend, Director of Monash Law Clinics, Monash University
10.00am to 11.00am INSIGHTS FROM THE AAT: Administrative Appeals Tribunal Update on NDIS Matters
Presented by Kim Parker, Senior Member, Administrative Appeals Tribunal
11.00am to 11.15am Morning Tea
11.15am to 12.15pm Decision Making and Capacity: A Review of Relevant Legislative Frameworks Across Queensland, NSW and Victoria
- Approaches to substitute decision making in NSW, VIC, QLD and the implications for other States
- Issues around fluctuating capacity in decision making
- Overview of current issues and solutions for providers
Presented by Penelope Eden, Partner, MinterEllison; Best Lawyers 2022, Health and Aged Care Law, Insurance Law, Medical Negligence and Personal Injury Litigation; Recommended Medical Negligence Lawyer (Defendant), Doyle’s Guide 2020 and Sacha Shannon, Senior Associate, MinterEllison
12.15pm to 1.15pm NDIS Update on Investor Specialist Disability Accommodation
- SDA Rules
- Design Standards
- Pricing
- Enrolment of Dwellings
Presented by Amee Grattan, Principal, Diversity Legal; Member, Health & Disability Law Committee, Queensland Law Society
Presenters
Kim Boettcher
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 Treasurer of the International Commission of Jurists Australia and was appointed to the NSW Bar Association’s Succession and Elder Law Committee in 2021.
Joel Townsend
Joel is Director of Monash Law Clinics, where he oversees a diverse practice which delivers services through the work of law students supervised by experienced practitioners, across areas of law including family law, family violence, social security, infringements, and criminal law. He is an Accredited Specialist in Administrative Law and is undertaking his PhD, looking at the institution of merits review in Australian public law. Prior to taking up his role at Monash, he worked for nearly 15 years at Victoria Legal Aid, most recently managing the Economic and Social Rights program, supervising a busy practice in AAT NDIS matters.
Kim Parker
Senior Member Parker has been a full-time member of the AAT for the last five years. More recently, she has specialised in hearing and deciding applications for review within the NDIS Division, due to her experience in this area and given the rise in applications within the NDIS Division. Senior Member Parker practised as a lawyer, both in the public sector and for private law firms, for more than two decades before joining the AAT. Senior Member Parker holds a Bachelor of Laws and Bachelor of Science (Honours), majoring in Chemistry, from Monash University.
Penelope Eden
Penelope’s industry experience provides her with an intimate understanding of emerging sector trends, key drivers of government policy and the day-to-day issues facing operators of health, aged care and disability services. She provides a broad range of regulatory and commercial advice to private, listed and not-for-profit operators. Her clients also include insurers and public and private healthcare operators. Her broad experience across the health and human services sector extends to the provision of advice on a range of industry specific issues including 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. She has a background as a litigator and has appeared in all courts and tribunals in a range of civil proceedings and appeals. She has appeared in high-profile coronial inquests (both as instructing solicitor and advocate), undertaken prosecutions under the Justices Act and acted for defendants in a range of alternative dispute resolution forums. She is widely regarded as a leading advisor to the aged care and human services sectors and regularly speaks at industry events and to boards of both listed and not-for-profit providers.
Sacha Shannon
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
Amee is a solicitor with over a decade of experience working multiple roles in Wills and Estates, including running her own firm for several years. Earlier in her career, she worked at the Official Solicitor to the Public Trustee for Queensland and prides herself on her ties to the succession law community in Brisbane. Always improving her skills and accreditations, she recently completed a Masters in Applied Law. 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. Working closely with her clients, Amee makes it her business to understand the unique challenges each person faces. This enables her to provide realistic, sensitive and best-practice advice to all problems. 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. Amee was also nominated in the Lawyers Weekly - Women in Law 2020 Awards recognising her outstanding contribution to influencing the Australian legal profession. Amee is a strong advocate for those with disabilities, their families within the community and their rights for justice.