Be across the issues and conflicts involved with disability, capacity and supported decision making, and the importance of leadership by people with intellectual disability in the move towards supported decision making. Hear likely outcomes of the Royal Commission and NDIS Review, the best ways to respond to funding decisions, and discuss 2022 NDIS legislation amendments, including the National Disability Insurance Scheme Amendment (Participant Service Guarantee and Other Measures) Act 2022
11.15am to 12.15pm Responding to Unfavourable Funding Decisions – Tips and Tricks
- Review rights: internal review outcome decisions, and external review (case conferences, 42D and 42C Agreements)
- Filling evidentiary gaps in your client’s case to achieve the earliest possible resolution
- Overcoming common issues
Presented by Andrea de Smidt, Senior Solicitor, NDIS Appeals at Queensland Advocacy for Inclusion
9.00am to 10.00am Capacity: Disability v. Vulnerability v. Decision Making Capacity
- Ability in context: capacity is a relative concept, Decision Making is a Human Right
- Models of Decision Makers: recognising decision making competence
- Models of Decision Making: supported decision making - Representation or Care?
- Practicing the National Decision-Making Principles: where buy in starts
- Knowledge, approval and insight: key attributes of a competent decision maker
- Evolving cognitive responsive practices: making the person. Under care work – the importance of proactivity
- Keeping away from quicksand: misreading social cognition
Presented by Michael Perkins, Principal Lawyer, Autonomy First Lawyers
Professional Skills
10.00am to 11.00am An Update on the Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability and the NDIS Review
- An update of the progress of the Royal Commission and the NDIS Review ahead of final reports for both enquiries being published in the second half of 2023
- Insights into the focus and likely outcomes of both enquiries
- Likely impacts on the sector arising from both enquiries
Presented by Michael Thomas, Senior Associate, MinterEllison
Professional Skills
2.00pm to 3.30pm 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
- NDIS funding within the Aged Care setting
Presented by William Johns, Managing Director and Principal Financial Planner, Health and Finance Integrated Pty Ltd
Session 2: The Move Towards Supported Decision Making
Chair: Michael Perkins, Principal Lawyer, Autonomy First Lawyers
12.15pm to 1.15pm NDIS Regulatory Update
In this session you will cover recent regulatory amendments to the NDIS legislation including the National Disability Insurance Scheme Amendment (Participant Service Guarantee and Other Measures) Act 2022:
- Giving effect to the Participant Service Guarantee
- Recognising the importance of carers and family in the principles of the NDIS Act
- New power to vary plans
- Clarifying the ‘permanence’ criteria
- New process for plan management and payment of supports
- Requiring reasons to be provided for all ‘reviewable decisions’
- Improvements to the NDIS principles including embedding the principle of co-design with scheme participants
- Funding
- New provisions clarify how payments are made under the NDIS
- The NDIA can cancel the appointment of a nominee on behalf of a participant
Presented by Alison Choy Flannigan Partner and Co-Lead, Health & Community, Hall & Wilcox; Honorary Fellowship with Australasian College of Health Service Management 2022, Lawyers Weekly Partner of the Year in Health 2019, 2020, 2021, Best Lawyers 2023, Doyles Guide 2023
Session 1: Legal Aspects of Capacity, Appeals and Regulation of NDIS
Chair: Clifford Hughes, Principal, Clifford Hughes & Associates
Professional Skills
3.30pm to 4.30pm The Importance of Leadership by People with Intellectual Disability
Justine O’Neill and a Council for Intellectual Disability team member with lived experience of intellectual disability will discuss:
- The importance of leadership by people with intellectual disability in the move towards supported decision making
- How the concept of decision making capability can promote human rights
Presented by Justine O’Neill, Chief Executive Officer, Council for Intellectual Disability and a Council for Intellectual Disability team member and Ricky Kremer, Project Worker, Council for Intellectual Disability.
Description
Attend and earn 6 CPD units including:
3 units in Substantive Law
3 units in Professional Skills
This program is applicable to practitioners from all States & Territories
11.00am to 11.15am Morning Tea
Presenters
Mr. Clifford Hughes, Principal, Clifford Hughes & Associates
Clifford Hughes practices as an independent consultant to numerous legal and accounting firms in respect of tax, super, business structuring and succession issues for their own practice structures, and also for their clients. Clifford advises various NDIA providers and participant families around Australia on NDIS issues utilising the personal experience he has as the sole carer for his sister who has been an NDIS participant since inception of the scheme. He is a Chartered Tax Advisor, an SMSF Specialist Advisor™ and a triple Accredited Specialist with the Queensland Law Society & the Law Institute of Victoria.
Mr. Michael Thomas, Senior Associate, MinterEllison
Michael is an Associate in the Insurance and Corporate Risk (Health and Human Services) team at MinterEllison. Michael enjoys assisting Health, Aged Care and Disability sector clients in both the public and private sector with a broad range of issues, encompassing both litigation and advisory work. Michael has a particular interest in innovation, emerging technologies and autonomous vehicles.
Ms. Alison Choy Flannigan Partner and Co-Lead, Health & Community, 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.
Ms. Justine O’Neill, Chief Executive Officer, Council for Intellectual Disability
Justine works with CID to advocate for the rights of people with intellectual disability and to build on CID’s mission to create a community where all people with intellectual disability are valued. Justine has over twenty years’ experience in service delivery, advocacy, policy development and management. She is a board director for Inclusion Australia, an advisory board member for the NSW Ageing and Disability Commissioner and an honorary industry/professional fellow at the University of Technology Sydney.
Mr. Michael Perkins, Principal Lawyer, Autonomy First Lawyers
Michael Perkins is an experienced Private Client lawyer with over 3 decades experience. He is a full member of the Society of Trust and Estate Practitioners and holds its TEP designation. In March 2020 he founded Autonomy First Lawyers with Dr Jane Lonie and others which operates the Capacity and Capability Clinic at Macquarie University Hospital (the Clinic) as well as Autonomy First Lawyers, a private client law firm with focus on dealing with the interests of people irrespective of their ability. Michael’s practice ay Autonomy First is focused on mitigating abuse risk through early intervention in the cognitive decline of its clients to support and safeguard their will and preference as appropriate to their objectives. Michael and Jane Lonie operate as a blended service team at the clinic as well as maintaining their separate specialist professional practices.
Ms. Andrea de Smidt, Senior Solicitor, NDIS Appeals at Queensland Advocacy for Inclusion
Andrea de Smidt has worked for fifteen years as a lawyer supporting disadvantaged members of our community. Andrea’s experience includes coordinating the Homeless Persons Legal Clinic and Self Representation Service, both initiatives of LawRight, and working as a Senior Lawyer for Legal Aid Queensland representing clients in anti-discrimination complaints and National Disability Insurance Scheme appeals. Andrea now works within a team of advocates working for QAI’s NDIS Advocacy Practice.
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.
Mr. Ricky Kremer, Project Worker, Council for Intellectual Disability.
Ricky works as a Project Worker at the Council for Intellectual Disability. He is working to develop confidence in people with intellectual disability to make their own decisions by knowing their rights and having conversations with supporters about making decisions. Ricky has spoken at conferences and webinars about co-design, inclusion and supported decision making. He has also appeared in videos about vaccination and worked as a Peer Advisor for Ability Links (St Vincent de Paul Society). Ricky has co-written and acted in “Short Changed”, with Waverly Community Living Program for the Focus on Ability film festival. With Bus Stop Films, Ricky co-wrote and appeared in the documentary “What was it like?” with parents of people with disability. This film was shown at the 2020 FlickerFest and various other film festivals. Ricky took part in an internship with Fremantle Media, working on Australia’s Got Talent, and has also studied the Uni2Beyond program at Sydney University.
