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.
This program is applicable to practitioners from all States & Territories
* This interactive online recording includes questions and quizzes requiring critical thinking about the topics, so you have no annual limits to the number of points/hours you can claim with this format of learning. Please verify with your CPD rules
*Original Content was created in September 2024
Belinda Epstein, Barrister, Maurice Byers Chambers
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
- 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
- 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 Jackson Dyer, Senior Associate, DLA Piper
- 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 Australia, Doyles 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.
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. Prior to coming to the bar, Belinda practiced as in-house counsel at a NSW State-owned corporation, worked as a solicitor in both large national and smaller practices and lectured and tutored at the University of Newcastle in civil procedure and alternative dispute resolution. Belinda has significant experience in health law, medical negligence, institutional abuse and other personal injury claims, acting for both plaintiffs and defendants in New South Wales and interstate. She also regularly appears in coronial inquests, disciplinary, guardianship and mental health matters, and acts as mediator for personal injury/civil claims.
Jackson Dyer, Senior Associate, DLA Piper
Jackson is Senior Associate at DLA Piper working in the Projects Teams. Jackson has worked to provide legal advice in the SDA space for 6 years, advising developers, SDA Providers and SIL Providers on a variety of matters ranging from contract structuring, AAT appeals and engagement with the NDIS. Jackson has also been involved in large scale social and affordable housing projects, including the Victorian Ground Lease Model Projects which have establishing over hundreds of new affordable, social and SDA Homes throughout the Victorian metropolitan region.