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Residents' rights in aged care

On 4 July 2019, Berrington Care Group Pty Ltd and Berrington Group Pty Ltd went into voluntary administration. Berrington is a well-known provider of residential aged care to the premium end of the Perth market, and its voluntary administration has attracted considerable public interest.  Please click on the image below to download a full copy of David's article published in the September 2019 edition of Medical Forum....

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Movement of provisionally allocated aged care places: The law catches up
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Movement of provisionally allocated aged care places: The law catches up

The Aged Care Amendment (Movement of Provisionally Allocated Places) Bill 2019 (Bill) was introduced into the House of Representatives on 24 July 2019. The Bill proposes to amend the Aged Care Act 1997 (Act) to enable the Secretary of the Department of Health (or their delegates) to allow approved providers of residential aged care to move provisionally allocated residential aged care places from one region to another, within a state or territory....

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Voluntary Assisted Dying Bill 2019: How will it work?

On 13 August 2019 the Voluntary Assisted Dying Bill 2019 (WA) was read for the second time in Parliament. So how will it work?The Bill proposes that to be eligible to access voluntary assisted dying, a person must: have reached 18 years of age and have decision making capacity;, be acting voluntarily and without coercion;, be an Australian Citizen or permanent resident and have been an ...

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Retirement Village Consultation – Understanding the Obligation
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Retirement Village Consultation – Understanding the Obligation

The administering body of a retirement village has an obligation to establish appropriate procedures for consulting with residents on various matters under the Fair Trading (Retirement Villages Interim Code) Regulations (No. 2) 2018 (“RV Code”). These matters include: the future planning and budgeting of the retirement village and any other proposed change to the operating financial arrangements ...

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So you’re a home care provider who enters into brokerage arrangements … or are you?
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So you’re a home care provider who enters into brokerage arrangements … or are you?

‘Brokerage’ is a term frequently used by home care providers. In our experience it has become a term used to describe a number of situations in which providers use a third party to deliver services to a care recipient (ie client). In truth, an approved provider who engages a third party service provider can do so under a brokered model (as an agent) or under a subcontracting arrangement (as principal to a subcontractor)....

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Not-For-Profits: It’s Ok to be ‘Profitable’
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Not-For-Profits: It’s Ok to be ‘Profitable’

Not-for-profit organisations from time to time seek advice from us before embarking on an exciting new commercial or income-generating venture. Often, they are prompted to seek advice because they are concerned with ensuring that they do not compromise their not-for-profit and/or charitable status. Not-for-profit organisations must of course, by their very nature, not generate a profit for their members....

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Preventable death finding highlights risks posed by violent residents
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Preventable death finding highlights risks posed by violent residents

Betty Quayle was 89 years of aged when she died on 31 May 2013.  Mrs Quayle resided at an aged care residential facility in Cairns. Resident A also resided at the same aged care residential facility.  Resident A was 74 years old and suffered from cognitive impairment, consistent with alcohol related dementia. At about 3:00am on 30 May 2013, Resident A wandered from his wing and inadvertently into Mrs Quayle’s room....

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A Legal Analysis of the Similarities and Differences Between Retirement Villages and Strata Titles in WA
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A Legal Analysis of the Similarities and Differences Between Retirement Villages and Strata Titles in WA

  This discussion comes about because (legal definitions aside for the moment) to many ageing persons and/or their family, at its most basic level a retirement community might be little more than: a community of retired people; , accommodated within a complex that is: appropriately-designed; and , managed in a way appropriate to the needs of its residents. , ...

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Strata reforms and community titles - update for the health and ageing sectors
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Strata reforms and community titles - update for the health and ageing sectors

In this article, we cover the Community Titles Act 2018 and Strata Titles Amendment Act 2018. In the culmination of a review of WA’s strata titles legislation that commenced back in 2007, the Community Titles Act 2018 and Strata Titles Amendment Act 2018 have passed through State Parliament, both receiving Royal Assent on 19 November 2018. The Community Titles Act introduces community ...

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New Interim Code of Practice for Retirement Villages (No. 2) 2018

The retirement village industry in WA will be aware that a code of practice is prescribed in respect of retirement villages from time to time. Although the existence of such a code is expressly recognised in the Retirement Villages Act 1992 (WA), it is in fact prescribed under the Fair Trading Act 2010 (WA). Until 30 September 2018, retirement villages were operating under the Interim Code of Fair Practice for Retirement Villages 2018....

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Home Care Pricing Transparency and Comparability - 30 November 2018 and beyond

In March 2018, the Minister for Senior Australians and Aged Care, the Hon Ken Wyatt AM MP, convened a policy roundtable, to discuss a proposed approach to transparency and comparability of home care pricing. This came in response to increasing concerns raised by senior Australians and their families about a lack of transparency and comparability of pricing information, and high administration prices being charged by some home care providers....

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Recommendation for mandatory RN care in residential aged care facilities

The House of Representatives Standing Committee on Health, Aged Care and Sport released the final report on Quality of Care in Residential Aged Care Facilities on 22 October 2018 (the Report).  The Report comes after a series of government inquiries into aged care and with the aged care royal commission being called toward the end of the inquiry (the Terms of Reference of which can be read here)....

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