Ill or injured employees: when is termination ‘valid’?

In the recent decision of Jack v Sigma Healthcare T/A Sigma Healthcare [2019] FWC 6364 (13 September 2019) the Fair Work Commission (Commission) has determined that an employee who was dismissed by her employer, Sigma Healthcare (Sigma), after she sustained an injury outside of work and could no longer perform the inherent requirements her job, […]

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Are you aware of ALL of the changes that have taken place in the aged care sector this year?

If you’re feeling overwhelmed, we don’t blame you. Below is a summary of what has happened since 1 January 2019, and what you need to do to ensure your facilities and/or services remain compliant with any new legislation, standards and principles. The Department will be actively monitoring provider compliance with these new requirements, and it […]

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Are you aware of the new changes to Home Care Agreements commencing 1 July 2019?

Under the new Pricing Principles, home care providers are required to publish the prices of the most common services and costs under their Home Care Packages in a standardised Schedule on the My Aged Care website. This must be done by 1 July 2019, and is intended to allow consumers to better understand and compare […]

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Practical implications of the Voluntary Assisted Dying Act on aged care providers

The Voluntary Assisted Dying Act 2017 (Vic) (‘the VAD Act’) becomes operational on 19 June 2019. The VAD Act creates a framework which enables Victorians who have a terminal illness and who meet strict eligibility criteria to legally request to end their life. The Victorian legislation designated an 18 month implementation period to give health […]

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Provider registrations by the NDIS Commission

In order to successfully obtain provider registration through the NDIS Commission, disability service providers must: Comply with the new conditions of registration and the NDIS Practice Standards; Complete a self-assessment against the NDIS Practice Standards; Complete an audit against the NDIS Practice Standards by a certified auditing body; Comply with the new NDIS Code of […]

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NDIS Quality and Safeguards Commission, what will it mean for providers and participants in residential aged care?

  Background to the NDIS Commission The NDIS Commission is intended to improve the quality of NDIS services by implementing national legislation that eliminates duplication across the registration and quality assurance of NDIS providers. As the NDIS Commission is rolled out across the country, multijurisdictional providers may find themselves holding registrations under the NDIS Commission […]

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Documentation in Aged Care

As providers of aged care you know that comprehensive, contemporaneous, and accurate documentation is the fundamental key which enables you to evidence the quality care that you provide and to demonstrate compliance with your obligations under the Aged Care Act 1997 (Cth). Following the announcement of the Terms of Reference, and as expected the Commission […]

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What is missing in the Draft Single Charter of Aged Care Rights?

The draft ‘Charter of Aged Care Rights Consultation Paper’ outlines the basis for the development of a single Charter of Aged Care Rights. Once finalised the Charter will be part of the legislative framework that governs the aged care industry. A copy of the Draft Charter of Aged Care Rights can be accessed here. What […]

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Royal Commission to be established to look at Australia’s aged care sector – what might providers expect?

In a joint statement with the Health Minister Greg Hunt and the Aged Care Minister Ken Wyatt, Prime Minister Scott Morrison announced that the Government has made a decision to establish a Royal Commission into the Aged Care Sector. The announcement recognised that there are ‘thousands of extraordinary operators, facilities, care providers, nursing and other […]

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Are you ready to support clients to plan ahead for their end of life care?

Advance Care Planning Advanced Care Directives (ACD) when considered in the broader context of advanced care planning allow people to plan ahead and document their preferences regarding their end of life care, to live well and to die well with dignity in accordance with their values and preferences. Advance care planning has benefits for the […]

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Unannounced re-accreditation visits, reports and responses

What has changed? Following the release of the independent review of the National Aged Care Quality Regulatory Processes on 25 October 2017, the Minister announced that the Government would be replacing the announced re-accreditation audits with unannounced audits. Who do the changes apply to? The changes apply to residential aged care services applying for re-accreditation […]

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Federal Court determines that Asset Replacement Charges and Capital Refurbishment Fees are prohibited under the Aged Care Act 1997

The recent Federal Court decision of Regis Aged Care Pty Ltd v Secretary, Department of Health [2018] FCA 177 (Regis Case) examined whether capital refurbishment fees could be lawfully charged without breaching a providers’ obligations under the Aged Care Act 1997 (the Act).   Background Since 1 May 2016 all residents entering Regis aged care […]

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