The Western Australian Planning Commission (“WAPC”) has released a position statement on residential accommodation for ageing persons (“Position Statement”). Click here to read the statement. According to the Position Statement: ‘It seeks to remove planning process...
David McMullen
Commencement of the Australian National Aged Care Classification tool
It amends the Aged Care Act 1997 to introduce an additional, discretionary procedure for classification of recipients of residential aged care and some kinds of flexible care, using a new assessment tool – the Australian National Aged Care Classification tool. ...
Factsheet | A guide to child care legislation in Australia
Simply put, Federal legislation deals with eligibility grants for financial assistance, while State and Territory legislation largely deals with the provision of education and care services. Our factsheet summarises the key legislation which applies to child care...
Factsheet | A legal overview of schools in Western Australia
In our latest factsheet, we take a look at the differences between government and non-government schools in terms of establishment, government and management and operations. Please click on the image below to download a copy of the factsheet, A legal overview of...
New NDIS Worker Screening Requirements from 1 February 2021
According to the NDIS Quality and Safeguards Commission: ‘Worker screening is a way to help check that the people who are working, or wish to work, with NDIS participants don't present an unacceptable risk to people with disability. Worker screening is an important...
Legislative changes to home care payment administration
This legislation begins the transition from payment of subsidies in advance, to payment in arrears. The Bill was first introduced in February 2020, with phase 1 implementation scheduled for 1 June 2020; however, due to the effect of COVID-19, it was placed on hold....
Factsheet | A guide to executing contracts
The question of who can sign and how they can validly sign depends on the document, and the identity of the parties. In the modern age (particularly in light of COVID-19), electronic signing has a growing role to play. A temporary legislative response enabling...
Private health insurance and competition
In his recent article, David McMullen provides insights on common features of preferred provider schemes and criticisms from the health care sector. David also addresses the effect private health funds have on competition. Please click on the below image to read the...
Retirement villages legislation update – a ‘new’ code and ongoing reforms
New Interim Code The Interim Code of Practice for Retirement Villages (No. 2) 2020 commenced on 1 October 2020. It is found in a schedule to the Fair Trading (Retirement Villages Interim Code) Regulations (No. 2) 2020 (WA). The new Interim Code will apply for 6...
Sitting on a ‘voluntary’ Board – membership may be voluntary, but legal duties are not
The main duties The Corporations Act and Associations Incorporation Act impose duties which overlap the general law to varying degrees. The legislation has effect ‘in addition to, and not in derogation of’ any other legal duties and does not prevent the commencement...