NDIS Law Intensive: Updates on NDIS Compliance and Obligations & Supported Decision Making

With worries about not having enough participant funds and the expected annual funding exceeding $125 billion by 2034, it's important to plan strategically. Review the impact of the final report from the Royal Commission on Violence, Abuse, Neglect, and Exploitation of People with Disability. Make sure you comply with regulations and understand the powers of the NDIS Commission. Be across the issues and conflicts involved with disability, capacity, & supported decision-making, and connect the dots between the proposed New Aged Care Act and the NDIS sector.

Thursday, 20 June 2024
Early Bird Discount ends 10 May 2024 $556.50
Session 1: NDIS: Royal Commission Interim Report, Compliance Obligations and Restrictive Practices


Chair: 
Kim Boettcher, Barrister, Frederick Jordan Chambers

11.15am to 12.15pm Restrictive Practices: Law and Case Update

 

  • The legal issues of restrictive practices and the NDIS scheme
  • Dealing with the serious consequences of getting it wrong
    • Lawful defences: no excuses
    • Civil claims damages and criminal consequences
  • Recent cases

Presented by Rodney Lewis, Senior Solicitor, Elderlaw Legal Services; Recommended Health & Aged Care Lawyer, Doyle’s Guide 2023

2.15pm to 3.00pm Bridging Insights from the New Aged Care Act to the NDIS Sector

 

  • How is supported decision making approached in NDIS and Aged Care?
  • How is the NDIS participant affected by whether or not they reside in a state or territory with a Human Rights Act?
  • How does the regime for plan nominees in NDIS interact with the role of guardians and attorneys?
  • Is supported decision making merely a method of care rather than representation?
  • How solid are the constitutional foundations of NDIS now with the new Aged Care Act?

Presented by Michael Perkins, Principal Lawyer, Autonomy First Lawyers

4.15pm to 5.15pm Supported Decision Making in 2024 & Beyond

 

  • What, Why, How and When
  • Helpful tools: Supported Decision Making Guide, Circle of Support
  • Challenges: unhelpful helpers, time, system pressures

Presented by Rebecca Anderson, Solicitor, ADA Law; Chair, Queensland Law Society Elder Law Committee

Description

Attend and earn 7 CPD units including:
6 units in Substantive Law
1 unit in Professional Skills

This program is applicable to practitioners from all States & Territories

9.00am to 10.00am Follow-up on the Royal Commission into Violence, Abuse, Neglect, and Exploitation of People with Disability Final Report

 

  • Examining the work of the Royal Commission thus far
  • The Interim Report
  • Where to from here?

Presented by Alison Choy Flannigan, Partner, Hall & Wilcox; Honorary Fellowship with Australasian College of Health Service Management 2022, Best Lawyers 2024, Biotechnology Law, Health & Aged Care Law; Best Lawyers 2023, Retirement Villages & Senior Living Law

10.00am to 11.00am NDIS Compliance Obligations and Regulatory Powers of the NDIS Commission

 

  • Complaints
  • Incident reporting
  • Compliance and enforcement actions
  • NDIS Code of Conduct
  • Workforce requirements

Presented by Brad Fitzgerald, Lawyer, Educator, Griffith Law School, Non-Executive Director for Not-for-Profit Organisations

11.00am to 11.15am Morning Tea
12.15pm to 1.15pm Current Case Law to Keep an Eye On


Join a very special session as Kylie Hyde reviews key developments and significant cases in NDIS law from the last 12 months and shares knowledge that will set you up for the year ahead.

Presented by Kylie Hyde, Solicitor, Legal Aid NSW Coffs Harbour

Session 2: NDIS: Where are We at with Supported Decision Making?


Chair: 
Michael Perkins, Principal Lawyer, Autonomy First Lawyers

2.00pm to 2.15pm Keynote Address


Presented by
 Carmelle Peisah, Conjoint Professor University of New South Wales; Clinical Associate Professor Sydney University; and founder and president of the charity Capacity Australia

Professional Skills
3.00pm to 4.00pm Financial and Funding Issues: The Practicalities of Making a Choice

 

  • Dignity of risk and the right to make decisions
  • Managing the funds of people at risk
  • The role of private money as a supplement to NDIS
  • Advocacy for more funding: The role of a professional and limitations
  • Housing and SDA issues
  • Management and monitoring of participants funds
  • NDIS funding within the Aged Care setting
  • Taking a second look: how to review decisions

Presented by William Johns, Managing Director and Principal Financial Planner, Health and Finance Integrated Pty Ltd

4.00pm to 4.15pm Afternoon Tea
1.15pm to 2.00pm Lunch

Presenters


Rodney Lewis, Senior Solicitor, Elderlaw Legal Services
Author of the text: Elder Law in Australia, 2nd edn, Lexis Nexis, Sydney 2012; has practised in Elder Law since 1999 and longer, in wills and estates; has been delivering elder law education by way of talks and seminars to the legal profession and to the community, in elder law, for many years.


Alison Choy Flannigan, Partner, Hall & Wilcox
With over 25 years of corporate, commercial and regulatory experience, Alison has specialised in advising clients in the health, aged care, retirement living, disability, life sciences and community sectors. Alison co-leads the Health & Community Practice at National Law firm, Hall & Wilcox. Alison has been listed in The Best Lawyers in Australia (and the Australian Financial Review) since 2008 for Health & Aged Care and also Retirement Living and Biotechnology. She has been recognised in the Doyle's Guide to the Australian Legal Profession as a Leading Health and Aged Care Lawyer each and every year since 2017. Alison has been a finalist for the Lawyers Weekly Partner of the Year in Health every year since 2016 and won this prestigious award in 2019, 2020 and 2021. She was a finalist in the Lawyers Weekly, Women in Law Awards, Partner of the Year - Big Law, 2019 and 2021.


Kylie Hyde, Solicitor, Legal Aid NSW Coffs Harbour
Kylie Hyde is currently a Solicitor with the Civil Law team at Legal Aid Coffs Harbour. Kylie currently provides general civil law advice across a range of issues, including issues relating to the NDIS. Kylie as part of this team provides education sessions to medical and allied health professionals and members of the community, particularly in relation to the NDIS and DSP. Kylie was previously the Senior Solicitor, Disability Law with the Mid North Coast Legal Centre and Disability Advocacy NSW. Prior to joining the Mid North Coast Legal Centre Kylie was with Legal Aid in the Government Law NDIS team. Kylie has an extensive background in litigation, starting in private practice in a regional firm, and then working overseas as a Legal Officer for two London Boroughs, before returning to work in Sydney and then back to Coffs Harbour. Kylie has a particular interest in systemic issues impacting on individuals living with a disability. Kylie has previously appeared as a witness before the Senate Inquiry into the Purpose, Intent and Adequacy of the DSP.


Professor Carmelle Peisah, Professor University of New South Wales; Associate Professor Sydney University
Professor Carmelle Peisah Peisah is an old age psychiatrist and Conjoint Professor of Medicine at UNSW. She holds the positions of Conjoint Professor University of New South Wales; Clinical Associate Professor Sydney University; and founder and president of the charity Capacity Australia. Professor Peisah's areas of expertise are capacity and human rights (including elder abuse prevention); BPSD management (including non-pharmacological management, de-prescribing and emergency sedation); doctor health and welfare (including ageing and retirement); family therapy in old age psychiatry; and end-of- life issues in dementia and mental illness. She has numerous awards for teaching and contributions to psychiatry and in 2017 was a Nominee for Woman of the Year.


Kim Boettcher, Barrister, Frederick Jordan Chambers
Kim is a Barrister at Frederick Jordan Chambers in Sydney. Kim practises in Equity, Common Law, Protective and Guardianship Law, and in the Probate and Succession List. Prior to coming to the Bar, she practised as a Solicitor in commercial and civil litigation law in England and Wales, New South Wales and Queensland. More recently, she was a Solicitor at the Seniors Rights Service, an independent legal centre and regularly attended the UN Open-ended Working Group on Ageing in New York as a civil society representative. Kim was appointed to the NSW Minister of Fair Trading's Retirement Villages Advisory Council in 2013 and also to the Minister's Expert Committee on Retirement Villages Standard Contract Terms and Disclosure Documents in 2011. Kim was a Member of the inaugural Legal Services Council in 2014 and reappointed from 2017-2020. She is a past Treasurer of the International Commission of Jurists Australia and was appointed to the NSW Bar Association’s Succession and Elder Law Committee in 2021, 2022 and 2023.


Rebecca Anderson, Solicitor, ADA Law
Rebecca Anderson is a human rights advocate for Aged and Disability Advocacy (ADA) Australia. She completed her undergraduate degree in law at the Queensland University of Technology, and postgraduate degree in law at the Australian National University, Canberra. Her special interest is adults with questionable capacity, and the intersection of health and justice.


Michael Perkins, Principal, Autonomy First Lawyers
Michael is a lawyer, author, and educator with over 30 years’ experience in trusts, estates and private client practice. He is a strong supporter of Supported Decision Making as a method of client care in professional practice and dealing with the orderly management of a person’s longevity as they age. Michael helps resolve broader complexity and conflict in the lives of his clients, where possible without resort to litigation or other dispute resolution processes. This capability is born from Michael’s decades of knowledge of the law and deep understanding of how families need to operate to sustain themselves across generations. Michael helps clients deal with the practical, policy, strategic and operational needs of their wealth conservation, estate governance and administration and succession objectives.


William Johns, Managing Director and Principal Financial Planner, Health and Finance Integrated Pty Ltd
William is a pioneer in the areas of disability and illness personal finance. Uniquely, William combines extremely rare insight being dually qualified. He is a disability expert and has been recognised as an emerging leader by the Australian Government. He is a highly skilled and qualified Certified Financial Planner, and has been awarded Australia’s highest achievements by the Financial Planning Association of Australia. Using his skills, he has helped hundreds of Australians move forward with certainty in highly stressful situations. In order to deliver such outcomes, the person’s situation is examined thoroughly including how our services could be delivered in an accessible way.


Brad Fitzgerald, Lawyer, Educator, Griffith Law School, Non-Executive Director for Not-for-Profit Organisations
Brad Fitzgerald is a Director of Clements Fitzgerald Lawyers and specialises in Mental Health and Disability Law, Regulatory Compliance and Litigation, and Criminal Defence. Brad's experience has included serving as General Counsel, and at times as the Commissioner, at the Legal Services Commission - the regulatory body for lawyers in Queensland, the Office of the Chief Psychiatrist within Queensland Health, and in private legal practice.

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NDIS Law Intensive: Updates on NDIS Compliance and Obligations & Supported Decision Making

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All Sessions
Thursday, 20 June 2024
9.00am to 5.15pm Australia/Sydney
CPD Points 7
7
$795.00
Early Bird Discount ends 10 May 2024 $556.50
Face to Face 20240418 20240620

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Morning Session
Thursday, 20 June 2024
9.00am to 1.15pm Australia/Sydney
CPD Points 4
4
$505.00
Early Bird Discount ends 10 May 2024 $353.50
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Afternoon Session
Thursday, 20 June 2024
2.00pm to 5.15pm Australia/Sydney
CPD Points 3
3
$420.00
Early Bird Discount ends 10 May 2024 $294.00
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Online 20240418 20240620

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Venue
Legalwise Seminars - 70 Pitt St

Level 11  70 Pitt Street, Sydney 

Directions

Nearby Public Transport: 

Train Stations - Wynyard 400m OR Martin Place 500m
Bus Interchange - Clarence Street 450m
Ferry - Circular Quay 1.2km

Parking Information

Parking not included in your registration. Here are some options below.

Secure Park 20 Bond Street - Click here for rates
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Wilson Park 31 Bond Street - Click here for rates