Navigating the New Aged Care Act and More: The Aged Care Act, Elder Abuse and Aged Care Contracts

Australia's aged care sector is on the brink of transformative change with the introduction of the New Aged Care Act which is expected to become effective on 1 July 2025. This sweeping reform will reshape the entire industry, making now the perfect time to gain critical insight into the Act and its implications for standards, compliance and best practice. Explore the significant changes affecting the interaction between retirement villages and aged care services under the new legislation. Address legal challenges related to supported decision making, elder abuse, powers of attorney, and the criminalisation of certain conduct. Receive a comprehensive understanding of key elements in aged care contracts, such as unfair contract terms, civil liability and penalties. A must attend for all who advise the elderly and providers within the Aged Care sector.

Thursday, 24 October 2024
9.00am to 9.50am What's Next: [Anticipatory] Regulatory Changes and Compliance

 

Subject to parliamentary processes, the new Aged Care Act will commence from 1 July 2025. An exposure draft of the New Aged Care Act was released in December 2023, with a consultation period of between 14 December 2023 to 8 March 2024. Examine the exposure draft and any updates to the proposed regulatory changes. 

  • Recent and upcoming regulatory updates impacting the aged care sector
  • Best practices for maintaining compliance with evolving regulations
  • Implications of new standards and policy changes  

Presented by Alison Choy Flannigan, Partner, Hall & Wilcox; Honorary Fellowship with Australasian College of Health Service Management, Best Lawyers 2008-2024, Biotechnology Law, Health, Retirement living & Aged Care Law; Preeminent Health & Aged Care Lawyers, Doyle's Guide 2024

9.50am to 10.35am Navigating Supported Decision Making and Sector Reforms and Challenges in Aged Care

 

  • Chapter 1 of the Bill: Challenges to client decision making
  • Supporters and representative: How does this fit with State Based representative appointments: The good, the bad and the ugly
  • Volunteers: aged care as a new workplace with new occupational risks
  • The big stick, is this appropriate
  • Digital platforms, is this the carrot and the Aged Care providers the stick? The hidden cast of case management and support co-ordination 

Presented by Simon Bennett, Managing Partner, Southern Waters Legal

10.35am to 10.50am Break
11.35am to 12.20pm What Should an Aged Care Contract Contain?

 

  • Aged care contracts and legal risks
  • The need to have access to a contract for services at the commencement of moving into aged care
  • Unfair contract terms
  • Penalties and civil action
  • Rising insurance costs and legals risks
  • Case examples 

Presented by Rodney Lewis AM, Senior Solicitor, Elderlaw Legal Services; Recommended Health & Aged Care Lawyer, Doyle’s Guide 2024

Description

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

Chair:

Kim Boettcher, Barrister, Frederick Jordan Chambers

10.50am to 11.35am Handling Elder Abuse

 

  • Capacity and supported decision making - not just Banks v Goodfellow
  • Red flags of potential elder abuse for practitioners
  • Role of Protective List of the Supreme Court (NSW perspective) (and why not NCAT or other "CATs")
  • Case against criminalising "elder abuse"

Presented by Leah Sewell, Barrister, Chalfont Chambers 

12.20pm to 1.15pm Understanding the Interaction and Differences Between Retirement Villages and Aged Care under the New Aged Care Act

 

Significant changes are on the horizon for retirement villages and aged care services. This session will explore the implications of these changes, focusing on the interaction and differences between retirement villages and aged care. 

  • Integration of Aged Care and Independent Living
  • How the new Act recognises retirement villages as venues for delivering aged care services
  • Understanding how aged care contracts will function within retirement villages under the new Act
  • Key elements and best practices for drafting and managing these contracts
  • Aged Care Agreements vs. Village Contracts
  • Navigating the compliance landscape to ensure adherence to both sets of regulations
  • Co-contribution and private aged care models 

Presented by Presented by Arthur Koumoukelis, Partner, Thomson Geer; Leading Heath & Aged Care Lawyers, Doyle’s Guide 2024 

Presenters


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 Protective Law Committee in 2021, 2022 and 2023.


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.


Rodney Lewis, Senior Solicitor, Elderlaw Legal Services
Rodney Lewis is senior solicitor at Elderlaw. He is author of the text Elder Law in Australia, 2nd ed, Lexis Nexis, Sydney, 2011. He has presented many seminars on Elder Law to his legal colleagues. He sees Elder Abuse through the prism of human rights and the need to promote them for the benefit of vulnerable elders in our community.


Michael Perkins, Special Counsel, Southern Watters
Michael is a lawyer, author, and educator with four decades of experience in trusts, estates, and private client practice. Michael is co-author of the book “Estate Planning: A Practical Guide for Estate and Financial Services Professionals”, published by LexisNexis, Co-author of the “Estate Planning – Core Principles and Practice” chapter contribution to Financial Planning in Australia (10th edition), by Sharon Taylor & Anor (Lexis Nexis). Supported Decision Making is important to Michael as a method of client care in professional practice and dealing with the orderly management of a person’s interest as they age. Michael has worked collaboratively with Dr Jane Lonie to evolve processes and practices that help professionals deal with clients with impaired decision-making ability or a suspicion of decision-making impairment. Michael holds the MICW designation from the Institute for Collaborative Working and is active in the operations of the Institute in Australia. In addition, he is a Trust and Estates Practitioner (TEP) member of the international Society of Trust and Estate Practitioners (“STEP”), Founder and member of Academic Community of STEP.


Arthur Koumoukelis, Partner, Thomson Geer
Arthur Koumoukelis specialises in the aged care and retirement village industry and joined Thomson Geer as a partner in April 2018. He has advised the sector since 1995 and has been consistently awarded Best Lawyer since 2011. He advises on all aspects of operations and development, appeared in all major courts and advised on the most landmark developments including Mark Moran Vaucluse, Watermark at Harbord and developed financial products for La Trobe. He has advised in Malaysia and Singapore in relation to developing facilities in those jurisdictions.


Simon Bennett, Managing Partner, Southern Waters Legal
Simon Bennett is the Managing Director of Southern Waters Legal, a firm he co-founded in 2009 to provide expert legal advice with the accessibility and affordability often missing from larger firms. With over 20 years of experience, Simon specializes in business law, taxation, estate incapacity, and succession planning. Simon is also a Chartered Tax Advisor, offering advice on asset protection and structuring. He holds a Master of Laws from the University of New South Wales and a Master of Commerce from the University of Wollongong. Prior to founding Southern Waters Legal, Simon worked at a national law firm in Sydney. Known for his solutions-focused approach, Simon enjoys building friendly relationships with his clients. Outside of his legal practice, Simon is passionate about rugby union and loves spending time with his family.


Leah Sewell, Barrister, Chalfont Chambers
Leah Sewell was admitted in 2002, and from 2019 was an Accredited Specialist in Wills & Estates and recognised by Doyle’s Guide since 2020 in estate litigation. After more than 18 years as a solicitor, Leah was called to the Bar in 2024 and recognised in Doyle’s Guide Leading Junior Counsel in Estate Litigation in 2024. Leah is also a Trusts & Estates Practitioner with STEP and elected committee member to the Mental Capacity Special Interest Group (SIG) of STEP. Leah accepts briefs in all civil areas, with a focus on all thing’s equity including wills and estates and property.

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Navigating the New Aged Care Act and More: The Aged Care Act, Elder Abuse and Aged Care Contracts

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Thursday, 24 October 2024
9.00am to 1.15pm Australia/Sydney
CPD Points 4
$505.00
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