O'Loughlins on air

The team explores current legal issues in health, aged care and retirement living. You can find show notes for each episode and other resources at oloughlinsonair.com.au. O'Loughlins Lawyers is a legal firm based in South Australia. The information provided in this podcast is for general information only and not to be relied on as legal or other advice. Please consult with your legal advisor for advice about your particular circumstances.

Our initial thoughts on the draft Aged Care Act 12/21/2023

Home care pricing schedules - Issues found in the Australian Government's Assurance Review 12/10/2023

Home care - Inclusions and exclusions 11/19/2023

Room moves in residential aged care - what are the rules and can the MPIR change? 10/11/2023

Commercial contracts 101 10/04/2023

A new model for representatives in the new Aged Care Act - what is being proposed? 09/25/2023

Voluntary assisted dying laws in South Australia – what do they mean for retirement village operators? 09/21/2023

New aged care governance requirements – what should providers be doing to prepare? 09/07/2023

When a home care client is unable to be contacted for an extended period - what is the government guidance on this issue and what steps should home care providers take? 08/29/2023

Aged Care Governance 2023 – the challenge of management knowledge and Board accountability 08/22/2023

Aged Care Governance 2023 – the challenge of management knowledge and Board accountability 1 July 2023 is a significant date in terms of aged care governance. Within 4 months of that date, most aged care provider organisations (those whose ‘reporting period’ concludes on 30 June) will be required to give their first statement (compliance statement) as to whether the organisation has complied with all of its legislative responsibilities during the 12 month reporting period. If the compliance statement indicates that the provider has not complied with all of its responsibilities, then it must also identify the details of the failure to comply and actions taken in response. The compliance statement must be signed by a member of the board, on behalf of all members. Information provided in the compliance statement may be made publicly available. 1 July 2023 also marks the commencement of the 24/7 registered nurse requirement (RN requirement) – and the obligation of providers to give monthly reports on compliance with that requirement. If there has been non-compliance, the provider must state the period of non-compliance and the arrangements made to ensure that the clinical needs of residents were met during that period. These monthly reports are not ‘signed off’ by the board, but like the compliance statement, the information may be made publicly available. In this episode, we discuss these new reporting requirements and some of the practical issues that they give rise to, including reputational considerations, materiality thresholds, board procedures for signing off on reports and collective accountability. You can find other information and resources at oloughlinsonair.com.au. O’Loughlins is a legal firm based in South Australia. The information in this podcast is for general information only and not to be relied on as legal or other advice. Please consult with your legal advisor for advice about your particular circumstances. /episode/index/show/29e980ad-c9c4-4182-9db6-c6439cddf24d/id/27818187

The new 'suitability matters' regime for key personnel – what do approved providers need to have in place 08/15/2023

The new 'suitability matters' regime for key personnel – what do approved providers need to have in place In this episode, we discuss the obligations of approved providers under the Aged Care Act in relation to suitability of key personnel. As we approach the 12 month anniversary of the commencement of the new ‘suitability matters’ regime, we thought it would be useful to revisit these requirements – given the obligation of providers to consider the suitability matters for each of their key personnel at least once in that 12 month period. The amendments that commenced on 1 December 2022 did not change the definition of who is ‘key personnel’. What they did was bring in a new list of ‘suitability matters’ that providers must consider in determining whether key personnel are ‘suitable’. The provider's obligation is to consider the suitability matters in respect of each individual who is key personnel and to be reasonably satisfied that the person is suitable to be involved in the provision of aged care. There is not set process for assessing suitability, and the assessment has some subjective elements. Our key personnel compliance package recommends using a combination of publicly available searches, and a statutory declaration from the individual, to obtain information about the suitability matters. The provider then needs to consider each suitability matter and form a view as to each of them, as well as an overall view of suitability. This process needs to be documented - including the dates on which the process took place, the outcome of consideration of each suitability matter and the reasons for that outcome. Our key personnel compliance package includes guidance material explaining the requirements relating to key personnel under the aged care legislation, and also under the NDIS and ACNC legislation. It also includes a set of guidelines for undertaking key personnel checks, and templates such as a statutory declaration for key personnel to provide, an annual update letter and a template for recording the outcome of suitability assessments. If you are interested in finding out more about the document package, please for more information. You can find other information and resources at oloughlinsonair.com.au. O'Loughlins is a legal firm based in South Australia. The information in this podcast is for general information and not to be relied on as legal or other advice. Please consult with your legal advisor for advice about your particular circumstances. /episode/index/show/29e980ad-c9c4-4182-9db6-c6439cddf24d/id/27757692