The employee made multiple bullying allegations covering a period of approximately 3 years. Amongst those allegations she claimed that: the first day she met the manager that the manager yelled and screamed at her in the office; she was detained against her will when...
aged care legislation
Consumer Protection announces review of retirement village contracts
Acting Commissioner for Consumer Protection David Hillyard advised that the investigation will examine various contracts offered by retirement village operators to see if they breach the "unfair contract terms" provisions of the Australian Consumer Law (ACL). One...
Elder Abuse under Review
The Report, released on 14 June 2017, follows an inquiry held to identify and model best-practice legal frameworks to promote and support older people and protect against misuse or advantage taken of formal or informal supporter roles. Elder abuse is defined as a...
New Privacy Act Data Breach Obligations Update
Eligible Data Breaches The Act sets up a scheme for notification of ‘eligible data breaches’. An eligible data breach happens if: there is unauthorised access to, unauthorised disclosure of, or loss of, personal information held by an entity; and the access,...
WA HACC Transition to Commonwealth
A new arrangement for home and community care and specialist disability services will come into effect from 1 July 2018, with the Commonwealth Government assuming full funding, policy and operational responsibility for these services, bringing Western Australia into...
Unsigned Resident Agreements: what does this mean for aged care providers?
Aged Care Act requirements for Resident Agreements The Aged Care Act 1997 (Act) says a provider must give all prospective residents or their representatives an accommodation/resident agreement (Agreement) prior to entering care. The Agreement must set out that the...
Aged Care Law Reforms – Home Care Packages and Exit Fees
Reforms to Aged Care legislation taking effect from 27 February 2017 will see home care packages moving with the consumer if they change home care providers. These reforms are part of the first stage of the Commonwealth Government’s reforms to the home care system....
Notifiable Data Breaches – New reporting obligations proposed for entities under the Privacy Act
The Privacy Amendment (Notifiable Data Breaches) Bill 2016 (‘the Bill’) was introduced in the Australian Parliament on 19 October 2016 and is currently before the House of Representatives. The Bill proposes mandatory data breach notification provisions for agencies,...
David Tune to Lead Major Review of Aged Care Reforms
Assistant Minister for Health and Aged Care, Ken Wyatt AM, MP announced the appointment of David Tune AO PSM to lead the Aged Care Legislated Review. The changes announced to aged care in 2012 included a comprehensive review of the aged care sector in 2016-17. This...
Department of Health provides clarity on fees
A recent update from the Department of Health has flagged that it is now aware that an increasing number of aged care providers are or are proposing to charge additional service fees to residents. In response to this the Department has advised that such fees “would...