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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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Royal Commission Terms of Reference released

As expected, the Terms of Reference are broad and they can be reviewed here. Of note, the Terms outline the scope of the quality and safety matters that the Commission will look at which include, but are not limited to: dignity, choice and control, nutrition, medication management, end of life care, systems to ensure that high quality care is delivered, such as governance arrangements and management support systems....

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ROYAL COMMISSION INTO AGED CARE QUALITY AND SAFETY

The Royal Commission into Aged Care Quality and Safety is to examine the quality of care in residential and home care services provided to senior Australians, as well as to younger persons with disability who are living in residential aged care. The calling of the Royal Commission will bring a dramatic escalation in media glare and public scrutiny to the Aged Care sector – a sector that has already endured 20 aged care reviews in the last 20 years....

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Another inquiry into aged care? What is the Aged Care Royal Commission, and how will it be different?

Prime Minister Scott Morrison has announced the Government's decision to ask the Governor General to establish a Royal Commission into the aged care sector.  This is not the first government investigation into aged care in recent history. What is a Royal Commission? A Royal Commission is a public inquiry established under the Royal Commissions Act 1902 (Cth) (“Royal Commissions Act”)....

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Report of the Joint Select Committee on End of Life Choices

The report recommends the introduction of a bill for voluntary assisted dying, which should be drafted in consultation with a panel of experts, including health and legal professionals and health consumers. The framework proposed by the report differs from the Victorian legislation in that eligibility for assisted dying is not dependent on a timeframe in which it is anticipated that the person will ...

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