Law for Aged Care Managers WA 2017


Date: 3 August 2017
Time: 8.45am – 4.15pm  
Venue: Parmelia Hilton, 14 Mill Street, Perth
Cost: Early Bird: $695 (expires 16 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

John Murray, Chief Executive Officer, RAAFA WA

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

Renae Harding, Partner, Workplace Relations & Safety, Jackson McDonald Lawyers

Effectively Managing Staff who Claim Mental Health Issues and Determining Reasonable Adjustments

  • Understanding the legal risks to schools of managing staff with mental health issues
  • Reviewing your rights to dispute or seek to review medical certificates
  • Directing employees to undergo a medical assessment
  • Mental health issues and adverse action:
    • reviewing how mental health claims can affect adverse action against the employee
    • understanding the adjustments necessary in performance managing an employee claiming mental health issues
  • Assessing and implementing reasonable adjustments
  • What are your options where you disagree with reasonable adjustments proposed?
  • Reviewing workload and other mental health risks in the workplace and exploring the limits of a school’s obligations

Simon Billing, Partner, Corrs Chambers Westgarth 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

Gemma McGrath, Director, Panetta McGrath Lawyers; Qualified Registered Nurse

12.10   Closing Remarks from the Morning Chairperson

12.15   Lunch

Opening Remarks from the Afternoon Chairperson

Wayne Belcher, Chief Executive Officer, Braemar Presbyterian 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

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

Rebecca Barr, Partner, O’Loughlins Lawyers

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

Ms Evelyn Vicker, Deputy State Coroner, Coroner’s Court of WA

4.10     Closing Remarks from the Afternoon Chairperson

4.15     Close of Seminar

Presenters / panelists include:

Stephen-Kemp-WebStephen Kemp leads Jackson McDonald’s Workplace Relations & Safety team, which provides advice to clients in the areas of industrial relations, employment law, occupational safety & health and equal opportunity, discrimination and harassment.

Simon-Billing-webSimon Billing has provided leading companies with advice on occupational health and safety, workplace relations and employment law for more than 20 years. Simon has been recognised for his expertise, including being recognised in his field as Best Lawyer in 2013 – 2017 and Lawyer of the Year in 2013 and 2016 in the Best Lawyers Peer Review, as published in the AFR.

Gemma-McGrath-WebGemma McGrath practises in the areas health and aged care law, vocational regulation and dispute resolution. Prior to studying law Gemma worked as a registered nurse in QLD. She has previously held positions as the legal member on various HRECs and has also been named in the 2015 and 2016 Doyle’s Guide as a Leading WA Medical Negligence Lawyer (Defendant).

Placeholder-onlineVictor Harcourt leads the Public Law, Litigation and Aged Care team at Russell Kennedy.  He has been recognised for his expertise in Health and Aged Care Law, Retirement Villages and Senior Living Law and Government Practice in Best Lawyers.  He also leads the Pro Bono Program.  Victor has a Masters in Health and Medical Law

Rebecca-Barr-WebRebecca Barr specialises in health and aged care, retirement living and property law. She advises on a broad range of issues affecting the health, aged care and retirement living sectors. Rebecca is listed in Best Lawyers in Australia for the practice area of Retirement Villages and Senior Living Law and was named Best Lawyers ‘Lawyer of the Year’ Adelaide for that practice area for 2013. 


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