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Aged Care

RELATED EXPERTISE

Health
Coronial
Professional Indemnity
Property & Construction

We appreciate the greater challenges facing the aged care sector as people live longer and require more substantial levels of care. The owners and operators of community and residential aged care facilities and home care providers need careful and considered legal advice to deal with the regulatory regime which affects them. Some of the challenges facing the sector include financial and operational risks, quality of care, and health and safety risks to care recipients and the workforce.

Our dedicated aged care legal team manage a diverse range of claims and advise on commercial and regulatory issues, professional conduct and disciplinary matters. Our focus is to ensure we protect the aged while at the same time balance the competing demands of other interested parties including care recipients and their families and friends.

Key services

  • Defending professional indemnity claims
  • Defending public liability claims
  • Managing coronial investigations
  • Advising on corporate and commercial issues such as mergers and acquisitions, partnership and shareholders’ agreements, privacy, franchising and leasing agreements
  • Responding to complaints made to the Aged Care Complaints Commissioner (from 1 January 2019 – the Aged Care Quality and Safety Commission)
  • Advising on governance and restructuring implications
  • Advising on a range of property and construction issues, including property acquisition and divestment, retail and commercial leasing, and developments (construction contracts and other related services contracts and operating agreements)

Related Experience

  • Advising clients to prepare for and appear before Royal Commissions and Special Commissions of Inquiry – our work has included preparing submissions, responding to requests from Commissions for documents and information and witness preparation.
  • Appearing for persons of interest in Coronial Inquests into deaths in aged care facilities – our experience also includes liaising with law enforcement and regulatory bodies, liaising with witnesses and investigators, obtaining expert opinion and responding to summonses.
  • Advising on legislative compliance issues (e.g. Privacy Act, Health Records Act), inquests and liabilities arising from falls and medical management.
  • Advising on issues associated with guardianship, powers of attorney, advance health directives and applications to the Guardianship division of the NSW Civil and Administrative Tribunal.
  • Managing medication issue complaints – our experience includes developing risk management policies and practices, drafting service agreements with pharmacies and health practitioners.
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