Law for Aged Care Managers QLD 2017


Date: 20 July 2017
Time: 8.45am – 5.15pm  
Venue: Pullman King George Square, Cnr Ann & Roma Streets, Brisbane
Cost: Early Bird: $695 (expires 8 June 2017). Standard: $795. Prices include gst.
CPD points: Nurses and 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

Neesha Pierce, Senior Legal Counsel, UnitingCare Queensland

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:
    • bullying and harassment
    • discrimination
    • adverse action
  • Understanding how these claims affect performance management or investigations
  • Exploring strategies during performance management to help avoid potential claims
  • Effectively managing external investigators
  • Implementing best practice in documenting meetings, communication and decisions to defend claims against you
  • Reviewing key case studies and lessons learnt

Victoria Hepburn, Partner, Minter Ellison Lawyers

Ill and Injured Staff: Navigating Workers Compensation, 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, modified duties and WorkCover
  • Addressing continuing staff absences – what are your options?
  • Examining case studies and implementing learnings

Tim Longwill, Partner, McCullough Robertson 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 intervention orders and when they can be used to protect staff
  • Reviewing case studies and scenarios

Brian Herd, Partner, CRH Law

Closing Remarks from the Morning Chairperson

12.15     Lunch

1.00     Opening Remarks from the Afternoon Chairperson

Melissa Hill, Senior Legal Counsel, RSL 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

Katharine Philp, Partner, and Vanessa James-McPhe, Senior Associate TressCox Lawyers

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

Julie McStay, Director, Hynes Legal

Coroner’s Update: Key Learnings from Recent Cases and Managing Reporting and Investigations

  • Outlining the approach of the coroner in investigating deaths in aged care facilities and making findings
  • Examining current laws affecting the reporting obligations of aged care facilities
  • Understanding the role of the aged care facility: what is expected by the Coroner’s Court in dealing with investigations?
  • Working with police and other parties where there has been a death – what are your rights and obligations
  • Examining key learnings from recent Coronial investigations, findings and recommendations

Coronial Registrar Ainslie Kirkegaard, Coroners Court of Queensland

5.10     Closing Remarks from the Chairperson

5.15     Close of Seminar

Presenters / panelists include:

Coronial-Registrar-Ainslie-Kirkegaard-webAinslie Kirkegaard is the inaugural Coronial Registrar of the Coroners Court of Queensland.  This is a unique judicial registrar role designed to triage deaths reported daily in South East & South West Queensland.  Ainslie has held this role since early 2012 and previously held the positions of Counsel Assisting the Deputy State Coroner and Director, Office of the State Coroner.

Victoria-Hepburn-webVictoria Hepburn is a leading industrial relations and employment lawyer with recognised expertise in the Health & Aged Care sectors. She is listed as one of Australia’s pre-eminent employment lawyers in Best Lawyers and Doyle’s Guide.  Victoria’s clients include a number of major aged care providers.

Tim Longwill-webTim Longwill is a legal practitioner of over 20 years experience.  He is a specialist industrial lawyer with significant exposure to the aged care sector. Tim was also recently named for the third year in a row as being among ‘Australia’s Best Lawyers’ by the Financial Review.

Brian Herd-webBrian Herd is an ageing and passionate lawyer with CRH Law. He practices in Elder Law or law relating to older people and is regarded as one of Australia’s leading lawyers in the area. His expertise extends across the broad range of aged care relationships and dynamics as well as incapacity,  Guardianship, elder abuse, enduring powers of attorney, family agreements, disputes and mediation.

Katharine Philp- WebKatharine Philp has over 25 years’ experience in health law. Her expertise includes disciplinary action and investigations by regulators, disputes with specialist colleges, and professional insurance and indemnity issues. Katharine was selected for inclusion in the Best Lawyers® Australia for Health & Aged Care publication from 2008 to 2017 and for Medical Negligence from 2010 to 2017.

Julie McStay-webJulie McStay is a Director and leader of the aged care and retirement living group at Hynes Legal. Julie is a specialist in the industry with extensive practical experience working with a wide range of private and not for profit aged care providers and retirement living operators. Julie provides advice to LASA Australia and LASA Qld, having advised them on the Living Longer Living Better reforms.

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