The NDIS and NDIS providers are under increased scrutiny. Reform is under way. Gain the latest updates on the National Disability Insurance Scheme Amendment (Getting the NDIS Back on Track No. 1) Bill 2024 reforms, NDIS regulatory compliance requirements and NDIS provider director and governance obligations. Navigate issues relating to the NDIS client including exploring the unfair contracts regime relating to NDIS contracts, the balance between client’s home and their home as a workplace, plus a deep dive into client decision-making and risk-taking. Plus, gain a view from the Bench as a former Deputy President of the AAT and head of the NDIS Division shares his expertise and experience with you.

Presenters

Elizabeth Tylich, Chairperson & Partner, Corporate Commercial, Jackson Mcdonald


The Honourable Michael Mischin MLC, Deputy President and Division Head of the National Disability Insurance Scheme Division
Deputy President the Hon Michael Mischin is Division Head of the National Disability Insurance Scheme Division. Mr Mischin was appointed as a Deputy President of the Tribunal and as Division Head from 9 May 2022. Prior to his appointment to the Tribunal, Mr Mischin served as the Attorney-General from 2012 to 2017 and as the Minister for Commerce from 2013 to 2017 for the Government of Western Australia. He was a member of the Legislative Council of Western Australia from 2009 to 2021, and chaired or was member of numerous parliamentary standing and select committees. Before entering the Parliament of Western Australia, Mr Mischin was a senior state prosecutor with the Director of Public Prosecutions of Western Australia, as a barrister and solicitor prosecuting and managing a wide variety of cases across the State in all its jurisdictions.


Luke Geary, Partner, Mills Oakley
Luke has a particular expertise assisting institutions in responding to claims of child sexual abuse under a restorative justice framework and in accordance with best practice principles identified by the Royal Commission into Institutional Responses to Child Sexual Abuse. In this regard, Luke appeared as a legal advisor in a number of public hearings before the Royal Commission, he participated in many of the Royal Commission’s roundtables (both public and private) for the development of policy positions and has appeared before the Australian Senate Committee and worked with the Commonwealth Redress Taskforce in its design of the National Redress Bill (which is anticipated to provide assistance in justice outcomes for approximately 60,000 Australians). Luke is regularly briefed by major institutions in the most sensitive and significant common law abuse claims and assists in their delicate resolution in a trauma-informed way. Additionally, Luke acts for survivors of abuse in claims against State government institutions, assisting them to obtain either common law or redress justice outcomes compassionately and giving them assistance in finding healing in their lives. Luke was named one of Australia’s Best Lawyers for Non-Profit/Charities Law in the 2023/2024 Best Lawyers list for the eighth consecutive year, including in both 2020/2021 and 2023/2024 being named as Australia’s Non-Profit/Charities ‘Lawyer of the Year’.


Gemma McGrath, Managing Director, Panetta McGrath
Gemma McGrath is a Director of Panetta McGrath Lawyers and specialises in providing advice to health practitioners and hospitals in civil claims for negligence and disciplinary proceedings. Prior to studying law, she trained as a registered nurse. Gemma is also an NMAS Accredited Mediator providing professional mediation services in workplace mediation and in the health, aged care and disability sectors. She is recognised in Doyle’s Guide as a pre-eminent Western Australian medical negligence and malpractice lawyer (Defendant). She is also named in Best Lawyers in the categories of insurance law and professional malpractice litigation. Gemma is a member of the Australasian Professional Indemnity Group, Australian Insurance Law Association and Law Society of Western Australia. She is also a member of the St John of God Health Care Scientific Review Sub Committee and a Board member of Alzheimer’s WA, a not for profit organisation providing support for people living with all types of dementia.


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.


Dr Darren O’Donovan, Senior Lecturer, La Trobe Law School


Clare van Drunen, General Counsel, My Place


Dr Jane Lonie, Consultant Clinical Neuropsychologist
Dr. Jane Lonie is a Consultant Clinical Neuropsychologist with over twenty years of experience in the assessment and management of cognitive dysfunction in adults and older adults. She is author of over twenty peer reviewed articles in the areas of dementia and capacity, (the most recent paper appearing in the Australian Bar Review), and maintains a special interest in provision of medico-legal opinion in matters relating to legal capacity. She regularly provides assessment and reports in matters of questionable testamentary capacity, guardianship disputes, financial management orders, capacity to instruct, give evidence or appoint powers of attorney. During her twenty years of experience in specialist Neuropsychological practice, Dr. Lonie has provided assessments and reports for in excess of 3,500 patients. She offers private consultations to patients at the request of patients themselves, carers, referring clinicians and legal practitioners. Dr. Lonie has substantial experience in assessment, report writing and court appearance for the purposes of provision of expert opinion relating to areas of expertise: Assessment of Cognitive function (Adults and Older Adults); Assessment of testamentary capacity (contemporaneous and retrospective) ; Guardianship disputes/ application reports; Financial management Capacity; Assessment of capacity to grant/revoke Powers of Attorney; Return to work assessment ; Total and Permanent Disability insurance claims; Neuropsychological function in criminal matters; Capacity to give evidence.


Michael Perkins, Special Counsel, Southern Waters
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.


Bronwyn Herbertson, Associate, Floyd Engles Quality Consulting; NDIS Auditor and Solicitor
Bronwyn Herbertson is a Human Services Sector specialist, with a wide range of experience, knowledge and training. She has high level management and governance experience along with being a solicitor and having post graduate certificates, being appointed an NDIS and ISO auditor and providing consultancy support. She has worked across the disability, aged care, youth and child safety, domestic and family violence and Not For Profit communities sectors. Bronwyn has a passion for continuous improvement, quality assurance and governance and enjoys assisting organisations and individuals to be the best they can be.


Prue Campbell, Senior Associate, Panetta McGrath


Ariel Bastian, Senior Associate, Jackson Mcdonald