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Australian Government commits $130 billion to support jobs and livelihoods of Australians

The Australian Government has today committed $130 billion to support jobs and livelihoods of Australians who will need that lifeline in the months ahead. Under the Jobkeeper Payment, businesses impacted by the Coronavirus will be able to access a subsidy from the Government to continue paying their employees. The payment is worth $1,500 gross per fortnight for eligible employees for a maximum period of six months....

  1. Aged Care Blog, Employment Law and Workplace Relations Blog, Health Blog

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Telehealth and managing medico-legal risks
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Telehealth and managing medico-legal risks

The new telehealth arrangements are a vital measure so that patients can access care without increasing their risk of exposure to, or spreading, the coronavirus. However, while telehealth may seem more informal compared to a physical consultation, it is important that medical practitioners stay mindful of the medico-legal risks and challenges associated with using telehealth, including: Limitations ...

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Improved Home Care Payment Administration (No. 1) Bill
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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 being paid in advance (as is currently the case) to being paid in arrears. According to the Explanatory Memorandum ...

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An employer’s timely response to COVID-19

Given the current unprecedented challenges in light of the COVID–19 pandemic, employers are having to consider a range of options in order to (i) to minimise the immediate financial impact on their business operations in the immediate term; and (ii) ensure the overall structure of their business is “fit for purpose” post-pandemic. Key issues. Some of the more challenging business ...

  1. Aged Care Blog, Employment Law and Workplace Relations Blog, Health Blog

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Complete Nursing and Home Care Pty Ltd v National Disability Insurance Agency [2020] AATA 360

‘Kindness is meritorious’ … but does not create reviewable decisions: Complete Nursing and Home Care Pty Ltd v National Disability Insurance Agency [2020] AATA 360 David McMullen 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 ...

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Aged care in 2020
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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.

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Voluntary Assisted Dying Bill Passed

The Voluntary Assisted Dying Act 2019 was passed by Parliament on 10 December 2019 and is currently awaiting Royal Assent. However, the Act will not become operational for approximately 18 months or so, to allow time for the Voluntary Assisted Dying Board to be established and a service delivery framework and clinical guidelines developed to ensure that the process is undertaken safely and in accordance with the legislation....

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Strengthened regulation of restraints in aged care: A significant legal reform?
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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, ‘requires a review of the first 12 months of the operation of the restraint regulations ...

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Royal Commission and open disclosure hot topics at ACSA WA symposium
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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 these topics. Royal Commission into Aged Care Quality and Safety - a legal analysis of the Interim Report At this stage all we have is a report that is necessarily interim in nature....

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Quality of Care Principles - current attempts to minimise use of restraints in aged care
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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 on television of residents with dementia being strapped to chairs) and scrutiny from the ongoing Royal Commission into Aged Care Quality and Safety....

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Important changes to the Aged Care Award 2010
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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, Casual weekend and public holiday pay rates increase from 1 July 2020., Overview of key changes Minimum engagement ...

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Panetta McGrath Lawyers and Bentleys (WA) share insights on the new Standard 8 in aged care
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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 share observations and key themes from the presentation and audience below. Observations and key themes  Standard 8 is new....

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