Law for Nurses VIC

One Day Seminar

Date: 23 August 2017
Time: 8.45am – 4.15pm
Venue: Rendezvous Hotel, 328 Flinders Street, Melbourne
CPD points:  nurses attending can receive CPD points
Cost: $595 Early Bird (expires 6.7.17). $695 Standard Price. Prices incl gst

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8.15    Morning Coffee and Registration

8.45    Welcome from LawSense

8.50     Opening Remarks from the Morning Chairperson

Tess Lye, General Counsel Epworth HealthCare

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

  • Reviewing the rights and obligations of the parties where a staff member makes a bullying or harassment claim against a manager
  • 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 case studies and lessons learnt

Patrizia Mercuri, Partner, Lander & Rogers Lawyers

Mentally Ill Staff: Examining the Limits of the Obligation to Make “Reasonable Adjustments”

  • Reviewing the obligations to make “reasonable adjustments” in relation to mentally ill workers
  • Understanding the return to work rights and obligations under workers compensation legislation
  • Dealing with medical evidence provided by the worker regarding reasonable adjustments
  • Exploring case studies and scenarios about what is reasonable and what is not

Anthony Massaro, Principal, Russell Kennedy Lawyers

Coronial Investigations: Reviewing Key Learnings for Nurses from Recent Cases and Dealing with Investigations

  • Understanding the role and approach of the Coroner in investigating deaths involving health care providers
  • Reviewing previous Coronial matters involving nurses – what are the key learnings for nurses?
  • Dealing with police and other parties – what are your rights and obligations
  • Responding to requests for statements or other evidence
  • Preparing to give evidence to a Coronial Inquiry, knowing your rights and what to expect

Victor Harcourt, Principal, Russell Kennedy Lawyers

12.10   Closing Remarks from the Morning Chairperson

12.15   Close of Morning Session

AFTERNOON SESSION – 1.00pm to 4.15pm

1.00     Opening Remarks from the Afternoon Chairperson

Emma Carnovale, General Counsel, The Royal Children’s Hospital

1.05     Clarifying the Grey Areas of Patient Consent and What is Legally Required

  • Examining the key elements of valid consent
  • Exploring the grey areas of capacity to consent: medicated patients, mental illness, stress, influence by others
  • Substitute decision makers – what are the limits of what they can consent to?
  • Understanding when written versus oral or other forms of consent is required
  • Examining when the signing of standardised consent forms is or is not valid consent
  • Exploring your rights and obligations where consent was obtained by others who are not involved in the procedure
  • Learnings from case studies and scenarios

Bernadine McNamara, General Counsel, Austin Health

Exploring Best Practice Note Taking, including Electronic Records Management, to Comply with Legal Obligations and Minimise Litigation Risks

  • Reviewing legal and professional obligations regarding record keeping
  • Examining how the law applies to electronic records:
    • identifying potential pitfalls applying to electronic v paper based records, including confidentiality and privacy issues
    • is potential legal exposure altered by:  exception reporting, electronic pathways, electronic alerts, or the ability to copy and paste?
    • how do Courts and tribunals respond to and manage electronic evidence in investigations and proceedings
  • Writing what you observe and not what you think is happening
  • Best practice with respect to documenting:  consent, opinions, incidents, concerns
  • Examples – what is poor record keeping and what is not

Vicki Hammond, General Counsel, The Royal Women’s Hospital, Melbourne

Panel discussion: Learn with the panel as they work through a complex scenarios and grey areas regarding complaints, workplace issues, mental health and non-nursing staff:

Facilitator and Contributor:

Deborah Foy, Barrister, Victorian Bar


Nick Slugocki, Manager Notifications – Victoria, Australian Health Practitioner Regulation Agency (AHPRA)

Bernadine McNamara, General Counsel, Austin Health

Vicki Hammond, General Counsel, The Royal Women’s Hospital, Melbourne

Emma Carnovale, General Counsel, The Royal Children’s Hospital, Melbourne

4.10     Closing Remarks from the Chairperson

4.15     Close of the Conference

Presenters / panelists include:

Patrizia-Mercuri-webPatrizia Mercuri has extensive experience in workplace relations and discrimination law, representing a range of clients in the public and private sector. Patrizia is listed in the 2012-2017 editions of Best Lawyers in Australia for her expertise in the area of Labour and Employment law.

Anthony-Massaro-webAnthony Massaro has been providing advice on employment, discrimination and safety issues in the health and aged care sectors for nearly 15 years. He has been recognised in Best Lawyers since 2014 in relation to his expertise in Occupational Health and Safety Law. His knowledge and experience of the regulatory environment affecting health and aged care providers allow him to provide advice which reflects the realities of the sectors

Victor-Harcourt-webVictor 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.

Emma-Carnovale-webEmma Carnovale is General Counsel at the RCH, a position she has held since 2015 following a five year stint as legal counsel at Austin Health. With over 20 years legal experience, Emma has worked across a number of sectors and has a strong interest in areas of law impacting on every day human rights.

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 review and implementation. As well as holding a Master of Laws and a Master of Business, Sabine is also a Registered Nurse [Division 1] (non-practising), has worked as an operator of aged care  facilities and is a Fellow of the Royal College of Nursing, Fellow AICD and a Director of Northern Health.

Vicki-Hammond-webVicki is a highly experienced health sector lawyer. For 15 years she has performed senior legal roles in Victorian public health services. She currently holds the position of General Counsel at the Royal Women’s Hospital, and was previously General Counsel at Peninsula Health. She has also worked at Monash Health, Melbourne Health, and for a private hospital group in Australia. Vicki has extensive medical litigation and insurance experience, and she advises health professionals about their legal responsibilities on a daily basis. She has conducted many coronial cases and major investigations.


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