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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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Interim Code of Practice for Retirement Villages (No. 2) 2019
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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 predecessor expiring on 30 September 2019. The RV Code is prescribed under the Fair Trading Act 2010 (WA). In short, it ...

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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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