4th Annual Aged Care and Retirement Village Law Symposium
These are times of rapid change for aged care providers, retirement villages and residents, so it’s essential that you’re across a wide range of issues. We’ll help you do just that with practical, information-packed sessions covering critical financial matters facing residents and providers, resident care concerns, the hottest issues in employment law, the latest legislative updates and reforms and more, all packed into one revelatory conference.
Description
Attend and earn 7 CPD units in Substantive Law
This symposium was recorded in NSW on 20 September 2018
Session 1
Financial, Contractual and Resident Issues
Chair: Richard McCullagh, Solicitor Principal, Patrick McHugh & Co Solicitor; author, Australian Elder Law (2018), Thomson Reuters; Recommended Health & Aged Care Lawyer, Doyle’s Guide 2017
9.00am to 9.05am Opening Comments by the Chair
9.05am to 9.50am: Key Retirement Village Contract Considerations: the Latest Issues
- Issues associated with capital gain and departure fee options: how they are calculated and why some operators are getting bad press
- What may be in the Katherine Greiner Report (or if released, what is in the Report)
- Issues associated with additional terms attached to mandatory contracts
- Why it pays to look at the village budget and the village’s financial history
- Legal fees and the intent of the State Government; what some operators are looking to charge for both contracts and surrender of contracts
- A general overview of current issues associated with village contracts
Presented by Mark Thompson, Associate, Atkinson Vinden Lawyers
9.50am to 10.35am: Retirement Living and Aged Care Payment Options and Issues
- Home care and residential care means testing anomalies
- Recent developments in retirement living and aged care contracts
- Key financial drivers for consumers
Presented by Rachel Lane, Principal, Aged Care Gurus
10.35am to 11.20am: Capacity, Decision Making and the Law: The Medical Perspective
- Dementia, capacity and decision making
- Vulnerability and elder abuse
- The Law and medicine: medico-legal issues in aged care
Presented by Tuly Rosenfeld, Conjoint Associate Professor UNSW and Notre Dame University Sydney; Adjunct Professor UTS; Specialist Ageing and Medicine Centre
11.20am to 11.35am Morning Tea
11.35am to 12.20pm: The Guardianship List at NCAT: Best Practices and Procedures for Success
- Applications available within the jurisdiction
- Preparing for a hearing: considerations for the applicant and other parties
- Advocating effectively
- Navigating issues involving parties with dementia or impaired capacity
Presented by Kim Boettcher, Barrister, Chalfont Chambers
12.20pm to 1.05pm: Pieces of the Probate Puzzle: How it all Fits Together and how it can all go Wrong
- Difficult probate issues that can arise in the retirement village context and how to avoid or manage them
- Aged care probate pitfalls: untangling RADs, DAPs and Probate
Presented by Darryl Browne, Principal, Browne Linkenbagh Legal Services
1.05pm to 1.15pm Final Q&A and Closing Comments by the Chair
Session 2
Legislative Updates and Crisis Management
Chair: Jessica Kinny, Principal, Kinny Legal; Recommended Health & Aged Care Lawyer, Doyle’s Guide 2018
2.00pm to 3.00pm: Home Care Reforms, New Legislation and What Aged Care Providers and Retirement Villages Need to Know
- Home Care Reforms: the legal impact so far, the legal pitfalls that have arisen and the legal ramifications going forward
- Where we’re at and where things are headed: the rollout of the new legislative regime thus far
- Legislative developments and other key issues impacting on retirement villages, aged care facilities and their residents
Presented by Arthur Koumoukelis, Partner, Thomson Geer; Recommended Health & Aged Care Lawyer, Doyle’s Guide 2018
3.00pm to 4.00pm: Employment Law Update and Issues for Aged Care Providers
- The national code of conduct covering aged care workers: what you need to know
- The Senate inquiry into the future of Australia’s aged care sector workforce
- Obligations for hiring, monitoring and disciplining employees for substandard conduct
- Transferring employees
- Outsourcing, contractor and vendor employee issues
Presented by Rachael Sutton, Partner, Holman Webb
4.00pm to 4.15pm Afternoon Tea
4.15pm to 5.15pm: When it all Goes Wrong: Legal Risks During a Crisis
- Planning for a crisis: policies, preparation and documentation
- Identifying legal risks and practical steps to take immediately when a crisis occurs
- What to document and effective documentation strategies
- When and how to involve third parties and privacy concerns
- Resident considerations: what information and documents residents may seek following an incident and the legal issues tied to that documentation
- Provider considerations: managing reputational risk: privacy issues and the challenges of social media
- Navigating internal and external investigations following an incident
Presented by Julie McStay, Director, Hynes Legal; Preeminent Health & Aged Care Lawyer, Doyle’s Guide 2018; Best Lawyers 2018, Health & Aged Care Law, Retirement Villages and Senior Living Law