Key issues Some of the more challenging business decisions under consideration by employers during the current period include: Resizing their business operations; Temporary business closure or stand down of employees; and Termination of employment and/or redundancies....
Aged Care Blog
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.
Article | Family and Domestic Violence Leave
In Jenny Edinger's and Morgan Barnsby's article, Family and Domestic Violence Leave, they share their insights on: The Australian Government's amendments of the Fair Work Act 2009 (Cth) (FW Act). The definition of family and domestic violence under the FW Act. Leave...
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...
Royal Commission and open disclosure hot topics at ACSA WA symposium
David provided a legal analysis of the Royal Commission’s Interim Report and Gemma joined Ray Glickman (Principal – From Left Field) and Wendy Barrett (Advocate Team Leader – Advocare) for a panel discussion on open disclosure. Here we share our top 5 takeaways on...
Quality of Care Principles – current attempts to minimise use of restraints in aged care
The Quality of Care Principles under the Aged Care Act 1997 were amended with the aim of minimising the use of physical and chemical restraints in residential aged care, effective 1 July 2019. The amendments came in a climate of adverse media coverage (notably, images...
Important changes to the Aged Care Award 2010
Key changes Changes to the Award include: Minimum engagement requirement for part time and casual employees from 25 October 2019; Level 4 classification to include personal care workers who do not hold a relevant Certificate III qualification from 25 October 2019; and...
Panetta McGrath Lawyers and Bentleys (WA) share insights on the new Standard 8 in aged care
David McMullen from Panetta McGrath and Chris Nicoloff from Bentleys (WA) teamed up this week to present a multidisciplinary discussion centering on the new Standard 8 - Organisational Governance. The session was well represented by members of the aged care sector. We...
Interim Code of Practice for Retirement Villages (No. 2) 2019
What is the RV Code? The retirement village industry in WA will be familiar with predecessors to the ‘new’ RV Code. Except for the title, the RV Code is in fact the same as the interim code of practice before it (and several before that) – with the immediate...