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...
David McMullen
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...
Article | Aged care in 2020
In his latest article, David McMullen shares some of the evolving issues to watch in 2020. Click on the image below to read David's article which was published in the March 2020 edition of Medical Forum Magazine.
Online directories and appointment booking platforms
In David McMullen's recent article, Online directories and appointment booking platforms: Reminders from the ACCC and the Federal Court, David shares his insights on: the ACCC's proceedings against HealthEngine in the Federal Court of Australia concerning allegations...
Strengthened regulation of restraints in aged care: A significant legal reform?
In the Department’s words, the legislation now: ‘makes it clear restraint must always be used as a last resort’; ‘refers to state and territory legislation which regulates the responsibility for prescribers to gain informed consent for chemical restraint’; and...