April 19, 2016

Date: Tuesday 7 June 2016
Time: 9.00am to 5.15pm
Venue: Primus Hotel Sydney, 339 Pitt St Sydney

Attend and earn 7 CPD units in Substantive Law

In just over a decade a quarter of Australia's population will be 65 or older. As the aged care industry explodes and undergoes rapid change so too does aged care law. Legal practitioners and providers alike can keep up to date with this seminar's diverse array of critically important topics.

SESSION 1: Care Issues for Residents and Providers

Chair: Lucinda Smith, Partner, Thomson Geer

Capacity Issues: A Resident's Right to Choose

  • The law surrounding resident capacity

  • Understanding dementia

  • Legal issues of resident decision-making:

    • Risk-taking, associations and sexual activity

    • Financial decisions and contractual arrangements

  • Trustees and powers of attorney

Presented by Kim Boettcher, Solicitor, Seniors Rights Service

Panel Discussion
Disputes Involving Residents, Family and Providers

  • Care and medication issues involving family or GPs

  • Financial disputes concerning family members

  • Elder abuse: obligations and risks

Kim Boettcher, Solicitor, Seniors Rights Service; 
Alison Choy Flannigan, Partner, Holman Webb; 
Leon Michael Shohmelian, Principal, Shohmelian Legal 

Advance Care Directives

  • Palliative care: key principles and legislation

  • Advanced care planning: Potential risks and pitfalls

  • The assessment process and documentation considerations

  • When family or a GP opposes advanced care planning

Presented by Alison Choy Flannigan, Partner, Holman Webb 

Elderly Care and Medical Negligence Claims

  • Standards related to aged care

  • Recent case law, trends and developments

Presented by Brit Mainhoff, Partner, HWL Ebsworth

Ending a Residence

  • Care issues necessitating a change

  • Behaviour threatening the safety of staff and other residents

  • Residents who cannot pay fees: rights, obligations and guarantees

Presented by Leon Michael Shohmelian, Principal, Shohmelian Legal; Member, Retirement Village Advisory Council to the Minister for Fair Trading in NSW

SESSION 2: Key Financial Issues and Trends

Chair: Bruce Bailey, Partner, National Head of Aged Care, RSM

Consumer Directed Care in Home and Community Care: New Rules, Trends and Issues

  • The new legislative regime February 2017

  • Updates and latest trends in home care roll out

  • Future changes and upcoming considerations

  • CDC in home care arrangements

    • Where funding is held by a provider and a consumer asks for part of it to be given to a third-party

Presented by Arthur Koumoukelis, Partner, Gadens

Financial Issues in Residential Aged Care

  • The easy part: standard resident contribution and extra service fees

  • The financial background: the age pension means test

  • The tricky part 1: refundable accommodation deposit (RAD) and the daily equivalent (DAP)

  • The tricky part 2: means tested care fee (MTCF)

    • Via the means tested amount and the actual cost of care

    • The magic number: maximum accommodation supplement amount (MASA)

    • May vary with changes in the resident's financial circumstances and care needs

  • The residence agreement and the refund

Presented by Richard McCullagh, Solicitor, Patrick McHugh & Co; author, Retirement Villages Law in NSW, Chapter 18, Moving into Residential Aged Care, Thomson Reuters

Emerging Trends, Enterprise Agreements and the Aged Care Sector

  • Consolidation trends and the future of aged care

  • Making an Enterprise Agreement, including good faith bargaining obligations and tips for negotiations

  • The interrelationship between the Enterprise Agreement and relevant Awards

  • 'Must have' clauses in Enterprise Agreements

  • Applications to set aside an Enterprise Agreement

Presented by Karl Rozenbergs, Partner, Hall & Wilcox


Read more at http://www.legalwiseseminars.com.au/search/SeminarDetail?SessionId=166N03

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