Aged Care Sector Legal Concerns

Explore common issues in aged care facilities and retirement villages. Stay updated on significant sector developments, such as the standardisation of retirement village contracts, evolving financial arrangements, and the introduction of independent dispute resolution mechanisms for aged care residents. Understanding the legal intricacies of aged care complaints, and ensure you are well-informed about vital employment law updates for managing the commercial aspects of the aged care sector. 

Friday, 8 March 2024
2.00pm to 2.45pm The Role of the Health and Disability Commission in Complaint Resolution
  • An overview of the legal and ethical issues arising from complaints made to the HDC
  • Industry best practices for ensuring effective complaints management
  • Mechanisms for early detection and resolution of complaints, preventing potential escalation and fostering a culture of proactive problem-solving

Presented by Carolyn Cooper, Aged Care Commissioner, Office of the Health and Disability Commissioner

2.45pm to 3.30pm Employment Law Issues in the Elderly Care Workforce

An overview of the key employment law issues facing the aged care sector, including:

  • Navigating workforce scheduling and accessibility availability rules
  • Methods and legal considerations for conducting investigations involving vulnerable witnesses
  • Health and safety considerations for a secure and compliant work environment

Presented by Ashley-Jayne Lodge, Partner, Anderson Lloyd; Member, New Zealand Law Society Employment Law Committee and Lucy Gallagher, Barrister; Employment Law Clerk, Anderson Lloyd

Chair:

John Collyns, Executive Director, Retirement Villages of New Zealand

3.45pm to 4.30pm What's Next: [Anticipatory] Outcomes from Proposed Sector Reforms
  • Understanding the implications of standardised contracts offered by retirement villages
  • Examining the proposed changes related to fees and capital repayments
  • Assessing the role of independent dispute resolution mechanisms for residents

Presented by John Collyns, Executive Director, Retirement Villages of New Zealand

4.30pm to 5.15pm Options for Change: Reforms and Aged Care

A summary of the legislative reforms proposed by the Ministry of Housing and Urban Development in their 'Options for Change' discussion paper, with a focus on:

  • The proposals regarding moving from independent living into aged residential care
  • How such reforms could affect the drafting of occupation right agreements and disclosure statements
  • The proposed changes to key financial terms

Presented by Rose Clements, Partner, Anthony Harper

Learning Objectives
  • Analyse recently proposed changes and their legal implications to the aged care sector
  • Access perspectives for complaint management from the Aged Care Commissioner
  • Stay informed about current developments in aged care employment law
Description

Attend and earn 3 CPD hours

3.30pm to 3.45pm Afternoon Break

Presenters


Ms. Carolyn Cooper, Aged Care Commissioner, Office of the Health and Disability Commissioner
from linkedin: Carolyn Cooper is an executive leader with extensive experience across executive management, aged care, rehabilitation and orthopaedics in both Australia and New Zealand. She has experience in key roles in district boards, and working as part of the public health system, in both Australia and New Zealand. Carolyn is regarded as an innovative leader with excellent relationship skills. She thrives on achieving results that are sustainable and delivered in a caring team environment. She is passionate about driving innovation and collaboration to achieve a great quality of care and quality of life for all older people.


Mr. John Collyns, Executive Director, Retirement Villages of New Zealand
John Collyns was appointed Executive Director of the Retirement Villages Association (NZ) Inc (RVA) in October 2007. The RVA represents the interests of retirement village owners, developers and managers around New Zealand. John is responsible for setting the Association’s strategy and policy direction, as well as developing relationships with members, key stakeholders, central and local government agencies, and the media. Key stakeholders include the Ministry for Business, Innovation and Employment, the Retirement Commissioner, the Financial Markets Authority, the Office for Senior Citizens, District Health Boards, Business NZ, statutory supervisors, and consumer advocacy groups such as Age Concern and Grey Power, amongst others. Prior to this appointment John was the Executive Director of the Bus and Coach Association (NZ) Incorporated, a position he had held since September 1994. John was a founding director of the Road Transport and Logistics Industry Training Organisation and he is a Fellow of the Australasian Society of Association Executives. He has a BA from Victoria University in Wellington.


Ms. Lucy Gallagher, Solicitor, Anderson Lloyd
Lucy graduated from the University of Otago with a Bachelor of Laws with Honours (First Class) at the end of 2022 and was admitted to the Bar in December 2023. She initially joined Anderson Lloyd's employment law team as a summer clerk in 2020 and has since become a permanent member of the team, where she assists with a wide range of employment issues. Lucy prepares and presents at both internal and external seminars and has assisted in advising various clients, including public sector employers, employers in the aged care sector, organisations undergoing investigations and prosecutions by WorkSafe, and employers in need of assistance with disciplinary processes and negotiated exits.


Ms. Ashley-Jayne Lodge, Partner, Anderson Lloyd
Ashley-Jayne (AJ) advises clients in all aspects of employment law working with them to provide practical, pragmatic solutions to often complex employment issues. AJ can assist employers, employees, and HR professionals with all manner of employment advice, including day to day management of employees, restructures and redundancies, employee claims, advising on and providing representation in human rights matters, health and safety, and employment agreements and policies. AJ represents clients at mediations, in the Employment Relations Authority, Employment Court, and privacy, human rights and disciplinary jurisdictions as well. AJ is an experienced investigator, having conducted workplace investigations, reviews, and other independent investigations in both the public and private sector. AJ is a certified Association of Workplace Investigators member and Certificate Holder (AWI-CH).


Ms. Rose Clements, Partner, Anthony Harper
Rose specialises in retirement village and aged care law. She acts for operators and statutory supervisors in all areas of retirement village law, including compliance documentation, finance and security-sharing arrangements, and dispute resolution. Her clients range from large corporates to smaller not-for-profits. She began her career in New Zealand at a specialist retirement village law firm and spent the first few years of her career transitioning villages from the old Securities Act regime to the (then) new compliance regime under the Retirement Villages Act 2003. Rose then spent over 10 years in the corporate team at a leading offshore law firm in London and the Channel Islands before returning to New Zealand in 2022. Clients appreciate Rose’s technical legal ability, which is combined with a practical and commercial approach to transactions.

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Aged Care Sector Legal Concerns

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Single Session
Friday, 8 March 2024
2.00pm to 5.15pm Pacific/Auckland
CPD Hours 3
3
$345.00
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