Law for Aged Care Managers NSW 2017


Date: 25 July 2017
Time: 8.45am – 4.15pm  
Venue: Aerial UTS Function Centre, UTS Building 10 on Level 7, 235 Jones Street, Ultimo, Sydney
Cost: Early Bird: $695 (expires 8 June 2017). Standard: $795. Prices include gst.
CPD points: Nurses & lawyers attending receive CPD points

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8.15    Morning Coffee and Registration

8.45    Welcome from LawSense

8.50     Opening Remarks from the Morning Chairperson

Kathryn Hinde, Head of Legal and Corporate Affairs, Allity

9.00     Dealing Effectively With Claims Made Against You During Performance Management of Staff

  • Reviewing key claims that can be made by staff against you while you are engaging in performance management:
    • bullying and harassment
    • discrimination
    • adverse action
  • Understanding how these claims affect your ability to manage or investigate staff concerns
  • Identifying key risks when performance managing staff
  • Exploring performance management strategies to help avoid potential claims
  • Effectively managing external investigators
  • Implementing best practice in documenting meetings, communication and decisions
  • Reviewing key case studies and lessons learnt

Jessica Fisher, Partner, FCB Group

Ill and Injured Staff: Navigating Reasonable Adjustments and Return to Work

  • Reviewing the current legal framework affecting ill and injured staff – understanding the cross-over between illness or injury recovery, return to work and performance management
  • What are the particular considerations where the staff member is mentally ill or injured?
  • Dealing with medical assessments and expert opinions
  • Navigating reasonable adjustments and modified duties
  • Addressing continuing staff absences – what are your options?
  • Examining case studies and implementing learnings

Dominique Egan, Partner, TressCox Lawyers

Dealing with Difficult Families: Understanding and Balancing the Rights of the Facility, Residents and Staff and Investigating Complaints

  • Identifying the status of your “difficult” party and understanding their rights: guardian or administrator; POA, supportive attorney, person responsible, person assisting or visitor
  • Examining where resident rights regarding relationships can conflict with provider obligations to other residents and staff and how these should be balanced
  • Receiving and investigating complaints – identifying key considerations and pitfalls
  • Understanding court orders and when they can be used to protect staff
  • Reviewing case studies and scenarios

Philip Maloney, National Director, Legal, Governance & Risk, Calvary

12.10   Closing Remarks from the Morning Chairperson

12.15   Lunch

1.00     Opening Remarks from the Afternoon Chairperson

Joanne Sabena (nee Shaw), General Manager Quality, Opal Aged Care

1.05     Difficult or Violent Resident Behaviour: Reviewing Options for Restraint or Resident Relocation and Managing Obligations to Staff

  • Reviewing current laws affecting difficult or violent residents and how those laws interact:
    • duty of care and WHS obligations
    • laws regarding restraint
    • security of tenure
  • Reviewing your obligations to assess and manage occupational violence risk and understanding when to report incidents
  • Examining restraint – what are the options and limits and what can we learn from case studies?
  • Security of tenure – when can a resident be asked to leave and what matters should be considered?
  • Reviewing and implementing learnings from case studies

Daniel Carbone, Legal Counsel, Uniting Aged Care

Fees, Additional Charges, Service Offerings and Debt Recovery: Ensuring You Comply With Current Laws

  • Reviewing service offerings and structures emerging in the current environment and identifying key compliance challenges
  • Fees and charges update:
    • examining recent changes and the implications for facilities
    • understanding what you can and can’t charge for going forward and managing grey areas
  • Avoiding pitfalls in promoting your service – what should and shouldn’t you say?
  • Debt recovery:
    • examining recovery options where there is non-payment of fees and ensuring you do not breach security of tenure obligations
    • reviewing steps where there is evidence of financial abuse of the resident

Lucinda Smith, Partner, Thomson Geer Lawyers; Best Lawyers in Australia since 2012; ‘Lawyer of the Year’ for 2017 (awarded February 2016)

Deaths in Aged Care Facilities: Dealing with Reporting, Investigations and Impacts

  • Understanding key risks and steps where there has been a resident death
  • Implementing and managing effective reporting to meet current obligations
  • Working with police and other parties and understanding what information you should provide
  • Dealing with Coronial investigations and hearings
  • Responding to media and family criticism or enquiries, including where there is an ongoing investigation
  • Examining key learnings from recent Coronial investigations, findings and recommendations

Lucille Scomazzon, Partner, Maddocks Lawyers and Angela Wood, Partner, Maddocks Lawyers

4.10     Closing Remarks from the Afternoon Chairperson

4.15     Close of Seminar

Presenters / panelists include:

Kathryn_Tam_WebKathryn Hinde is the Head of Legal & Corporate Affairs for Allity, a network of 44 aged care homes located across Qld, NSW, Victoria and SA. Since 2002, Kathryn has worked both as an in-house lawyer in other aged care organisations such as the former DCA Agedcare Group; Bupa and the SVHA Group as well as a legal adviser with to a number of smaller ‘Mum and Dad’ operators.

Photo Dominique EganDominique Egan specialises in the provision of advice to health and aged care professionals and institutions on a range of matters including privacy, contracts, professional conduct and industrial matters. Dominique’s expertise and experience includes, representing major medical associations and employment and industrial disputes in public and private hospitals.

Philip-Maloney-webPhilip Maloney is the National Director, Legal Governance and Risk, Calvary. Philip has been in legal practice for 25 years, and has worked in several senior in-house legal roles including Regional General Counsel for Thorn Asia Pacific, General Counsel for Stamford Hotels and Resorts and Senior Counsel for McDonald’s. Philip brings a wealth of legal and management experience.


Joanne Sabena (nee Shaw) is responsible for managing quality and compliance nationally at Opal Aged Care. Joanne has over 20 years’ experience in the health and aged care industry; she is a registered nurse with a long association with both public and private teaching hospitals within the acute care sector.

Daniel-Carbone-webDaniel Carbone is the Legal, Risk and Compliance Manager for UnitingCare NSW.ACT and has extensive experience providing in-house legal advice in the areas of aged care, retirement villages, disability and affordable housing. Daniel also provides advice on commercial, privacy, procurement and regulatory matters and has been a Board Member of the War Memorial Hospital since 2013.

Lucinda-Smith-webLucinda Smith has particular expertise in the health and aged care sectors. She regularly advises health industry clients in mergers and acquisitions and health projects. Lucinda was named ‘Lawyer of the Year’ by Best Lawyers in Australia (2013) in her specialty practice area of Retirement Villages and Senior Living Law (Sydney) and was nominated as a leading lawyer in Health & Aged Care Law.

Angela-Wood-WebAngela Wood has specialist experience in the health, aged care and retirement village sectors as well as in the disability and community services sectors. Her clients include a range of public, private and not-for-profit health providers throughout Australia. Before practising law, Angela had experience in the health and community services sector as a practising psychologist.

Placeholder-onlineLucille Scomazzon is the national healthcare sector leader at Maddocks. She specialises in advising the health, aged care, senior living and disability services sectors and has acted for a broad range of public, private and not for profit organisations in these sectors throughout Australia

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