Law for Aged Care Managers VIC 2017


Date: 27 July 2017
Time: 8.45am – 4.15pm  
Venue: Rendezvous Hotel, 328 Flinders Street, Melbourne
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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8.00    Morning Coffee and Registration

8.45    Welcome from LawSense

8.50     Opening Remarks from the Morning Chairperson

Jacqueline Cameron, Head of Legal, Risk and Compliance – Independent and Assisted Living, Australian Unity, Independent and Assisted Living

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

Paul O’Halloran, Partner, FCB Group

Ill and Injured Staff: Understanding and Managing the Legal Risks

  • Reviewing the current legal framework affecting ill and injured staff – including the interaction between different risks
  • 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
  • Examining case studies and implementing learnings

Libby Pallot, Principal, Russell Kennedy 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

Sabine Phillips, Partner, Gadens Lawyers

1.10     Closing Remarks from the Morning Chairperson

1.15     Lunch

2.10     Opening Remarks from the Afternoon Chairperson

Natalina Velardi, Company Secretary & General Counsel/General Manager Governance, Villa Maria Catholic Homes

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

Victor Harcourt, Principal, Russell Kennedy 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

Mike Chenoweth, Partner, O’Neill Partners – Commercial Lawyers

Coronial Investigations Update: Key Learnings from Recent Cases and Managing Reporting and Investigations

  • Outlining the role of the coroner and the rights and obligations of aged care facilities in the Coronial process
  • Examining current laws affecting the reporting obligations of aged care facilities
  • Dealing with requests for documents and information – what are your rights and obligations?
  • Understanding what protections from liability are available to you when you give evidence as a witness in the Coroners Court
  • Examining key learnings from recent Coronial investigations, findings and recommendations

Edmund Waters, Senior Legal Adviser – Care Services Bupa

4.10     Closing Remarks from the Afternoon Chairperson

4.15     Close of Seminar

Presenters / panelists include:

Placeholder-onlineJacqueline Cameron is Head of Legal, Risk and Quality – Independent and Assisted Living at Australian Unity . She heads a team of 25 staff that manage legal, risk, compliance and quality matters.  Jacqueline has practiced law for over 15 years and is currently doing a Masters in Health Services Management.


paul-ohalloran-webPaul is a partner and solicitor with FCB Workplace Law and a Law Institute of Victoria Accredited Specialist in Workplace Relations. Based in our Melbourne office, he has over fifteen years’ experience in the legal sector. He works across a large number of industries for a diverse range of clients. In particular, his special expertise lies in advising clients operating in the education sector.

Sabine-Phillips-web2Sabine Phillips represents health and aged care clients in areas such as risk management, inquiries and investigations, dispute resolution, coronial inquests, governance and policy. As well being a lawyer, Sabine is also a Registered Nurse [Division 1] (non-practising), has worked as an operator of aged care facilities and is a Director of Northern Health and a Director of Uniting AgeWell.

Michael-Chenoweth-webMike Chenoweth has extensive experience in the areas of dispute resolution and litigation, insolvency and general commercial work. He has acted for private and professional clients, as well as corporate clients including small-to-medium enterprises, national and multi-national corporations.


Edmund-Waters-webEdmund Waters is Legal Adviser – Care Services, Employment & Litigation for Bupa Australia and New Zealand.  Edmund has experience assisting the Bupa Aged Care business with coronial matters.  Edmund holds a Bachelor of Arts and a Bachelor of Laws from Monash University.


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