Aged Care and Retirement Villages: Legal Issues
Attend and explore the issues that can and do arise in aged care facilities and retirement villages. Hear from the Office of the Health and Disability Commissioner, learn how to recognise elder fraud, understand how to manage admissions from legally incompetent residents, and examine the implications stemming from the End of Life Choices Act. You will also receive an important employment law update and best practice guidance on managing commercial terms. WEB223NZA18
Description
Attend and earn 4 CPD hours
Chair: Jessica Buddendijk, Owner/Operator, Jelica's Aged Care Advisory and Educational Services; Chair, Care Association New Zealand (CANZ)
9.15am to 9.55am End of Life Choice Act
Issues arising from this new legislation, including:
- Who is eligible?
- Initial discussions: who can initiate these?
- An overview of the process and steps required
- Conscientious objections
Presented by Iris Reuvecamp, Principal, Vida Law
10.00am to 10.40am Elder Fraud: Preventing and Responding to Financial Abuse
- What fraud can look like: picking up the signs
- Trust does not replace due diligence
- Global perspectives and case studies
- Actions to take on suspecting an elder fraud
Presented by Stephen Drain, Partner, PwC
10.45am to 11.25am Update from the Office of the Health and Disability Commissioner
Presented by Dr Cordelia Thomas, Associate Commissioner, Office of the Health and Disability Commissioner
11.30am to 11.40am Break
11.40am to 12.20pm Legally Incompetent Residents
- The concept of competence
- Incompetent patients: who can make decisions on their behalf?
- Options where there is no-one legally able to make decisions on the resident’s behalf
- Ongoing care and financial issues
- Case studies and examples
Presented by, Andrea Lane, Senior Associate, Claro
12.25pm to 1.05pm Employment Law in the Aged Care Sector
An overview of the key employment law issues facing the aged care sector, including:
- Rostering and availability provisions
- Conducting investigations involving vulnerable witnesses
- COVID-19 considerations, including vaccination in the workplace
- General contractual requirements
Presented by Ashley-Jayne Lodge, Partner and Jack Brown, Associate, Anderson Lloyd
1.05pm to 1.35pm Changes in the Retirement Village Sector: Best Practice Guidance on Commercial Terms
Several changes have been implemented regarding Retirement Village commercial terms, causing concern for regulators and residents. Examine the research undertaken into public and resident attitudes towards villages and how the industry is setting higher standards and implementing best practice approaches to concerns.
Presented by John Collyns, Executive Director, Retirement Village Association
Learning Objectives:
- Gain important insights into the End of Life Choice Act
- Understand elder fraud and financial abuse and how to prevent it
- Receive an update from the Office of the Health and Disability Commissioner
- Obtain practical guidance for dealing with a legally incompetent resident
- Receive a timely update on employment law changes impacting the sector
- Examine the changes to commercial terms affecting retirement villages
Presenters
Jessica Buddendijk
I have been in the health sector my whole working life, first in The Netherlands, where I did most of my training, and since 1984 in NZ were I found my passion for aged care. During my involvement with the aged care sector, as manager of aged care facilities and for seven years as a lead auditor visiting aged care facilities throughout New Zealand, I established many links with different groups and individual providers. After 7 years auditing I became a sector educator and quality advisor and have been co-chairing an Aged Care Association for over 30 years representing the sector on many committees.
Dr Cordelia Thomas
Dr Cordelia Thomas is the Associate Commissioner for the Health and Disability Commissioner. She has previously been the HDC Associate Commissioner- Investigations, Acting Chief Legal Advisor, Specialist Senior Legal Advisor. Previously, she was the senior legal advisor for Toi te taio : the Bioethics Council. Her projects included "Who Gets Born: Prebirth testing" and "Human Embryos for Research". For a number of years she was a senior lecturer in law at Massey University and continues to teach Public Health Law. Her research interests include medical law and bioethics and her PhD thesis in law proposed a legal framework for the collection, retention and use of human body parts. She has published widely and is the author of several textbooks.
Stephen Drain
Stephen Drain is a Partner in PwC and lead its Forensic Services team, specialising in the prevention, detection and response to economic crime particularly fraud, corruption and money laundering. This includes assisting Reporting Entities to comply with their obligations under New Zealand's Anti-Money Laundering and Countering Financing of Terrorism (AML/CFT) Act 2009. He has led and investigated a wide range of financial crimes from initial investigation to final proceedings and is experienced in working discretely with boards and senior leaders to help them meet a range of challenges including suspected fraud, probity concerns and regulatory investigations. Stephen's early career was in the New Zealand Police and later Serious Fraud Office (SFO). Stephen had two senior roles in leadership development, joining PwC in 2012.
Andrea Lane
Andrea joined Claro in February 2018. Prior to practising law, Andrea worked as a radiographer in both public and private practice across New Zealand and Australia, so combining her heath sector background with her legal career was a natural step. During her undergraduate studies at the University of Canterbury, Andrea obtained top marks in the medical law paper and always aspired to practise in the health sector. Andrea began her legal career in the commercial team at Anderson Lloyd, where she advised on a broad range of commercial matters, including residential and commercial property transactions, company, banking and securities law. At the University of Edinburgh, Andrea continued to pursue her interest in health law. Her LLM dissertation focussed on privacy in telemedicine and, in particular, the extraterritorial effect of the European Union’s General Data Protection Regulation on Australian and New Zealand teleradiology providers. In 2019, Andrea was awarded the McLagan Prize for best graduate in the LLM (Medical Law and Ethics). Based in Christchurch, Andrea advises on a wide range of legal issues relevant to the health sector, including patient rights, health information privacy issues, ACC and treatment injuries, treatment issues including obtaining urgent treatment orders, and complaints against health sector agencies. Andrea has acted as junior counsel in the High Court and before the Health Practitioners Disciplinary Tribunal and as sole counsel in the Coroner’s Court.
Iris Reuvecamp
Iris Reuvecamp is a barrister and solicitor of the High Court of New Zealand and a Solicitor of the Senior Courts of England and Wales. Iris has been practising as a health and disability law specialist for close to twenty years both as inhouse counsel and as an external advisor. She has a particular interest in mental health, older persons and disability law. Iris appears regularly in a range of courts and tribunals and is a court appointed lawyer for the subject person under the Protection of Personal and Property Rights Act 1988. She is an Affiliate of the Law Faculty of the University of Otago and teaches health and disability law related courses to health professionals and undergraduate students. Iris has published and presented on a range of topics relevant to mental capacity law in a variety of different forums. She is co-editor of Iris Reuvecamp and John Dawson (eds) Mental Capacity Law in New Zealand (Thomson Reuters, Wellington, 2019) and authored a number of chapters in that text, including the chapter “Enduring Powers of Attorney, Welfare Guardians and Property Managers”. Iris holds a number of health and disability sector governance roles. She is chair of the Ethics Committee on Assisted Reproductive Technology.
Ashley-Jayne Lodge
Ashley-Jayne advises clients in all aspects of employment law working with them to provide practical, pragmatic solutions to often complex employment issues. She has represented both employers and employees in the education sector, including from early childhood, primary, and secondary schools. Ashley-Jayne can assist employers, employees, and HR professionals with all manner of employment advice, including day to day management of employees, restructures and redundancies, employee claims, advising on and providing representation in human rights matters, and employment agreements and policies. Ashley-Jayne represents clients at mediations, in the Employment Relations Authority, Employment Court, and Human Rights jurisdictions, as well as representing and advising sports players and clubs in disciplinary and general matters. Ashley-Jayne also advises clients on their health and safety obligations under the new legislation, including representing those being investigated by WorkSafe.
Jack Brown
Jack is an Associate in Anderson Lloyd’s Christchurch based Employment team. He advocates for and advises both employers and employees on all aspects of employment law including employee investigations, employee exits, restructuring, and dispute resolution. Jack joined Anderson Lloyd in February 2021 along with Employment Partner AJ Lodge after moving across from another Canterbury law firm. Jack graduated in 2016 from the University of Canterbury, with a Bachelor of Laws and was admitted to the bar later that year.
John Collyns
John Collyns was appointed Executive Director of the Retirement Villages Association (NZ) Inc (RVA) in October 2007. The RVA represents the interests of retirement village owners, developers and managers around New Zealand. John is responsible for setting the Association’s strategy and policy direction, as well as developing relationships with members, key stakeholders, central and local government agencies, and the media. Key stakeholders include the Ministry for Business, Innovation and Employment, the Retirement Commissioner, the Financial Markets Authority, the Office for Senior Citizens, District Health Boards, Business NZ, statutory supervisors, and consumer advocacy groups such as Age Concern and Grey Power, amongst others. Prior to this appointment John was the Executive Director of the Bus and Coach Association (NZ) Incorporated, a position he had held since September 1994. John was a founding director of the Road Transport and Logistics Industry Training Organisation and he is a Fellow of the Australasian Society of Association Executives. He has a BA from Victoria University in Wellington.