This checklist is designed to help health providers check whether they are at risk and what they should do to bolster their risk and compliance strategies.
Jessica Kinny has been recognised for the fifth consecutive year by The Best Lawyers in Australia in the Health and Aged Care Law, and Retirement Villages and Senior Living Law categories.
Jessica Kinny has been recognised by peer review in Doyle's Guide to Leading Health & Aged Care Lawyers– New South Wales, 2023
Jessica Kinny receives two awards in the 2024 Edition of The Best Lawyers in Australia.
The High Court just delivered two landmark judgments that have changed the way courts decide whether "contractors" are really employees. It is important to understand what has changed and what has stayed the same, to make sure your organisation stays compliant. Read our latest blog to find out how these judgments affect your organisation.
Buyers should conduct a thorough investigation of all key aspects of a business before deciding whether to buy it and if so for what price, and employee matters are a key consideration. Sellers must be prepared to provide adequate information in response to these requests otherwise they may lose a potential buyer, however there are many issues they must consider when preparing a response. This article examines some of the key considerations both parties must manage during the due diligence process.
Electronic communications are a key communication method for most organisations. It's important to know whether the Spam Act 2003 (Cth) (Act) applies to each communication and, if it does, make sure the communication doesn’t amount to a breach of that Act. Otherwise, your organisation might face significant fines and other consequences. This article explains what kinds of communications are regulated by the Act and what your organisations needs to do to not be a spammer.
Most organisations capture personal information about their customers as part of their everyday operations. But do they all need a privacy policy? The short answer is that only some businesses are legally required to have a privacy policy, but many others choose to have one anyway because there are many potential benefits in having one – including more sales!
The beginning of a new year is a useful time to step back and decide what should be done differently to achieve better outcomes in your aged care facility. As aged care lawyers, we see a lot of risk and liability issues arising from the same root cause – unsatisfactory residential care contracts, housed within an unsatisfactory contracts management system. If you own or manage a facility, you already know that residential care contracts should be regularly reviewed and updated to reflect changes in law, changes in the facility, and as part of a continuous improvement strategy – but, it can be hard to know where to start. To us, your review should always begin by finding the answer to these essential questions.
The name and logo of your business can be one of the most important and valuable assets you will ever own. While you may consider trademark registration too expensive, failing to register your trademark can be far more expensive and can cause irreparable harm to your business. Registering your trademark is the only way you can be confident that the valuable branding of your business – for example, the name and logo – is legally protected. It also helps you maximise your return on investment.
To us, registering your trademark is a “no brainer’. Here are the top four reasons why.
We understand that aged care organisations often operate under significant time and resourcing pressure, and this is often contributed to by inefficient administrative processes in key areas such as resident contract management.
We also understand that aged care organisations operate in a continually changing regulatory environment, so it can be difficult to keep track of whether residential care contracts are top-quality and up to date.
We are also strong believers in making things easier for aged care organisations, which is why we have collaborated with Mirus Australia to offer a smart solution to these common problems.
With the aging population of Australia continuing its rapid growth, the demand for products, services, and accommodation that caters to these communities is increasing.
This trend presents tremendous opportunities for investors, and overseas organisations are increasingly interested in exploring business opportunities in the seniors market. But, the legislation regulating this market is complex and it can be difficult to identify which industry is most suitable. Different sectors are subject to different legal requirements and present different asset and profit opportunities.
The industries with arguably the greatest potential for commercial success are the Retirement Villages industry and Aged Care industry. While both industries are primed to provide enormous investment opportunities to overseas investors, it is essential that any individual or organisation contemplating investment understand the key features of each industry. Not only are they very different in how their products, services, and accommodation are designed and marketed to the seniors community, each industry is regulated with vastly different sets of legal rights and obligations which can impact an organisations ability take full advantage of the opportunities arising in this market.
This article outlines the key features that overseas investors should be aware of when first considering whether to you invest in the Retirement Villages or Aged Care industries in Australia.
