Part IIBA of the Health Insurance Act 1973 (“Act”) prohibits asking for, accepting, offering and providing various forms of ‘benefit’ in connection with the provision of pathology services. A key area in which benefits are prone to arise – whether advertently or...
David McMullen
Legislative update | WA retirement village law reforms
Although implementation of these ‘Stage 1’ reforms may have been beneficial overall for residents and prospective residents, perceived problems have persisted. Against this backdrop, public consultation for ‘Stage 2’ reforms is underway. A total of five Consultation...
Companies 101 | Many dental businesses operate as privately owned ‘Pty Ltd’ companies
In David McMullen's article, originally published in Western Articulator by the Australian Dental Association WA, David provides a refresher or an introduction to some basic concepts and requirements of privately-owned companies. Click here to download the article....
Legislative update | Home care pricing transparency and comparability
Approved providers of home care will be aware that reforms aimed at transparency and comparability of home care pricing information, and the reduction of high administration costs, have applied to new home care recipients since 1 July 2019. For pre-existing...
Legislation update | Update on strata reforms in Western Australia
You can see our previous update on strata title reforms and new community titles legislation here. The amended Act seeks to implement: Better information for strata buyers; More efficient dispute resolution; A fairer process for scheme termination; Improvements to...
COVID-19 | Important rainy day tasks during coronavirus downtime
Coronavirus is at the forefront of most peoples’ minds at the moment. It needs no introduction. The workforce is of course critical to the ongoing care and support of older persons in aged care and retirement living. But what happens if and when staff – particularly...
COVID-19 | Leasing in Western Australia
With many businesses and individuals facing pandemic-caused financial difficulty, leasing has emerged as an important focus area for Government economic and policy responses. With many businesses and individuals facing pandemic-caused financial difficulty, leasing has...
COVID-19 | Avoiding contractual obligations where necessary – What are your options?
As a matter of general contract law, where a party voluntarily enters into a contract, the usual legal position is one of ‘absolute liability’. The contract will be binding on the party, and all of their obligations must be performed. In the context of COVID-19,...
Legislation update | Improved Home Care Payment Administration (No. 1) Bill
The Aged Care Legislation Amendment (Improved Home Care Payment Administration No.1) Bill 2020 (“Bill”) was introduced to Parliament on 27 February 2020. The Bill will change the way in which home care subsidies are paid to approved providers. Subsidies will go from...
Case summary | Complete Nursing and Home Care Pty Ltd v National Disability Insurance Agency [2020] AATA 360
In a recent decision, the Administrative Appeals Tribunal (“AAT” or “Tribunal”) has held that it lacked jurisdiction to review a decision by the National Disability Insurance Agency (“NDIA” or “Agency”) not to pay certain invoices submitted by a registered NDIS...