Legal Issues for NDIS Providers: Your Obligations & Liabilities

The NDIS Scheme continues to be plagued with problems and changes to the Scheme. What do the latest recommendations mean for your practice? What are some of the best contract structures between housing providers and support providers, and what are the risks? What are your obligations and liabilities for workplace violence? Delve into the latest guidance and receive effective strategies for managing challenges, maintaining standards, ensuring safety, and clarifying rights and responsibilities. Examine how to ensure you are compliant and avoid legal liabilities.

Thursday, 12 September 2024
Early Bird Discount ends 2 Aug 2024 $353.50
Description

Attend and earn 4 CPD units in Substantive Law
This program is applicable to practitioners from all States & Territories

Chair

Belinda Epstein, Barrister, Maurice Byers Chambers

9.00am to 10.00am What NDIS Providers and Workers Should Know About the Recommendations of the Disability Royal Commission


The Royal Commission into Violence Abuse, Neglect and Exploitation of People with Disability (Disability Royal Commission) has now released its final report and recommendations. It is anticipated that this will lead to policy changes and law reform impacting NDIS providers. Learn what the key recommendations of the Final Report are and understand what this means for your practice. In particular, you will examine:

  • Enrolments
  • Reasonable adjustments
  • Understanding behaviours of concern
  • How best to respond to complaints and manage reviews and appeals
  • Governance and oversight
  • How the proposed budget cuts and funding reductions affect your ability to deliver services to NDIS participants
  • What legal obligations NDIS providers have in light of these changes, and how can they ensure compliance with any new regulations

Presented by Rebecca Haynes, Senior Lawyer, Legal Academic at Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability

10.00am to 11.00am Legal Obligations Regarding Psychological Risk Management: How to Protect Staff and Your Business from Aggressive and Violent Clients and Patients

 

  • What is workplace violence? Threats and abuse at work, understanding how it affects our well-being
  • Who's responsible legally? Legal duties under laws to manage risks from clients and patients
  • Why compliance?
  • How do we protect our staff? Strategies to safeguard against aggression, focusing on both physical and mental safety.

Presented by Darien Nagle, Barrister, H B Higgins Chambers

11.00am to 11.15am Morning Tea
11.15am to 12.15pm Navigating Disability and SDA Housing, and Associated Concerns

 

  • Examine the recent changes in the SDA regulations
  • Explore the best contract structures between housing providers and support providers, and what are the risks?
  • What funding structures can be used to develop disability and SDA housing projects?
  • What have we learnt from The Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability?

Presented by Tony Rutherford, Partner, DLA Piper

12.15pm to 1.15pm What Else Is on the Reform Agenda for 2024? Recent Changes to Workplace Laws You Need to Know

 

  • Understanding the current legal definition of independent contractor and employee 
  • Key features of each form of engagement
  • Key scenarios in which contracts have “employment” like benefit
  • Additional discrimination protections
  • Criminalising wage theft
  • Sexual harassment in the workplace
  • New positive duty to eliminate sexual harassment and sex discrimination

Presented by Erin McCarthy, Partner, Piper Alderman; Recognised in Best Lawyers in AustraliaDoyles Guide as a leading Employment Lawyer

Presenters


Rebecca Haynes, Senior Lawyer, Legal Academic at Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability
Rebecca Haynes is a Senior Lawyer and Casual Legal Academic practicing in the areas of Education Law, Human Rights, Disability, Administrative Law and Child Protection.


Darien Nagle, Barrister, H B Higgins Chambers
Darien Nagle was called to Bar in 2007. Prior to his call he was the Associate to Justice Anna Backman in the Industrial Court of NSW from 2005 until 2007. Darien prosecutes and defends WHS matters including being involved in the long running Hunter Quarries matters. He appears in disciplinary proceedings and coronial proceedings for police officers and members of the Public Service Association. Darien also appeared in the Banking Royal Commission, Trade Union Royal Commission and several long running ICAC matters.


Tony Rutherford, Partner, DLA Piper
Tony has advised on large and complex infrastructure projects (including PPPs) in Australia, Asia, United States, Africa and the Middle East across a wide range of sectors including social and affordable housing (including specialist disability accommodation), health and hospitals, roads, rail, mining, oil & gas, water, wastewater, telecommunications and power. Tony has acted for governments, lenders, sponsors and contractors on a range of projects (including both economic and social infrastructure). This includes preparing and negotiating the full suite of project documentation including EPC, D&C, EPCM, operation and maintenance and joint venture agreements. Tony has also advised on projects and construction disputes and is well-versed in the full range of dispute resolution mechanisms. In addition to his projects and infrastructure expertise, Tony regularly advises disability organisations and technology start-ups in relation to legislative, policy and commercial issues arising under the National Disability Insurance Scheme.


Erin McCarthy, Partner, Piper Alderman
Erin McCarthy is a specialist employment partner based in Adelaide. She has fifteen years' experience in providing advice to employers and employer associations on all aspects of occupational health and safety, employment and industrial relations law as well as delivering essential information seminars and training workshops on key employment issues. Erin has experience providing advice in relation to performance management, misconduct investigations and unfair dismissal claims, bullying, discrimination and harassment matters and occupational health and safety issues including support clients during investigations, defending prosecutions and risk management and policy development. Erin is a co-, author with Professor Andrew Stewart and Elise Jenkin of Parental Leave: A User Friendly Guide published by Thomson Reuters. The book examines the practical interaction between various leave entitlements as well as managing pregnant employees in the workplace and return to work from parental leave. As a part of the Piper Alderman Employment Relations national team, Erin advises clients in all states and territories in Australia. In 2015 she was once again listed in the peer-selected "Best Lawyers, Australia" in the practice area of Labour and Employment.


Belinda Epstein, Barrister, Maurice Byers Chambers
Belinda was called to the Bar in May 2017. Her core expertise is in civil litigation, with a particular interest in common law matters, acting on behalf of both plaintiffs and defendants. She has significant legal experience in medical negligence and has also represented clients in health-related matters such as superannuation and total and permanent disability claims, as well as coronial inquests and the Royal Commission into Institutional Responses to Child Sexual Abuse. Belinda has also practiced as in-house counsel at a NSW State-owned Corporation, worked as a solicitor in national practices in Sydney and Newcastle and lectured and tutored at the University of Newcastle. She has been published in the Lexis Nexis Australian Health Law Bulletin (of which she is also on the Editorial Board) and has presented at national conferences. Since going to the Bar, Belinda has also practiced in Family Law (including as ICL) and NCAT, including in commercial and guardianship matters. She is on the Legal Aid Mental Health Advocacy Panel. She participates in regular meetings of the University of Newcastle’s Clinical Unit in Ethics and Health Law and is the legal member of the University of Newcastle’s Human Research Ethics Committee. Belinda is available to advise and appear matters in Newcastle, Sydney and regional New South Wales.

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Legal Issues for NDIS Providers: Your Obligations & Liabilities

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Single Session
Thursday, 12 September 2024
9.00am to 1.15pm Australia/Sydney
CPD Points 4
$505.00
$505.00
Early Bird Discount ends 2 Aug 2024 $353.50
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