Aged Care
Legal Advice For Aged Care Providers On Compliance, Regulation, Governance and Risk Management.
Our award-winning team advises aged care providers on regulatory compliance, governance, contracts and risk management. Our services include:
Providing legal advice on aged care regulation, compliance and risk issues.
Providing strategic advice and training to boards.
Preparing aged care consumer contracts that comply with all aged care laws and funding arrangements, including:
Permanent Care Agreements.
Respite Care Agreements.
Higher Everyday Living Fee (HELF) Service Agreements.
Support At Home Service Agreements.
Commonwealth Home Support Program (CHSP) Service Agreements.
Quarterly legal audits and updates of aged care consumer contracts under a subscription.
Acting for registered providers responding to Aged Care Quality and Safety Commission investigations, compliance infringement notices and other enforcement matters.
Triaging serious non-compliance events, family disputes and complaints, termination within security of tenure restrictions, and other risk events.
Aged care board governance and legal support.
Dispute resolution, including managing complaints.
“Kinny Legal assisted our organisation with expert advice and assistance in a funding application. Great to deal with and would recommend them for sure.”
Frequently Asked Questions
Who do you act for?
We act for aged care providers of all types and sizes, including residential, respite and home-based service providers.
We don’t act for aged care residents or care recipients, or their families.
Do you prepare Aged Care Service Agreement templates?
Yes. We prepare service agreement templates for all kinds of aged care services such as permanent residential care, respite care, higher everyday living, commonwealth home support program (CHSP) and support at home (SAH). Our templates contain all prescribed terms required under the aged care laws, plus additional terms to manage risk and reflect best practice standards.
Our aged care business has received a notice from the Aged Care Quality and Safety Commission. Can you help?
Yes. We regularly assist aged care providers to complete internal investigations and respond to the Commission. We can advise you throughout the entire process so you can move forward with confidence.
Can you help me buy or sell aged care businesses?
Yes, and engaging the right team is critical to a successful transaction. We offer experienced M&A lawyers and deep aged care expertise – as industry specialists, we can guide you through the process and identify potential issues that a non-specialist might overlook.
Our aged care organisation is navigating a complex issue – can you help?
Yes. We regularly advise aged care boards and senior executives and managers on complex issues relating to governance, compliance, service delivery, dispute management, and more. We pair our deep industry expertise with careful legal analysis to provide tailored written advice, so you can move forward with confidence.
Some NDIS providers are choosing to exit the sector by winding down their businesses instead of selling. However, closing an NDIS business involves more than simply stopping services.
Business owners must carefully manage participant transitions, NDIS compliance, employment obligations, contracts, insurance, records and director duties to avoid ongoing legal and financial risk.
This article outlines eight key issues providers should consider when planning an orderly wind-down of their NDIS operations.
Jessica Kinny and Kinny Legal have again been recognised by Doyle’s Guide to Leading Lawyers and Law Firms 2026 - New South Wales in the Health and Aged Care Category
Some registered providers of funded aged care services are unsure how to meet their new associated provider obligations. This article explains the key concepts providers need to understand to remain compliant and protect from risk.
The OAIC is conducting its first-ever privacy compliance sweep and businesses in breach may face penalties of up to $66,000. Find out what you need to know and what your business should do to stay compliant.
In a recent Federal Court ruling, the Court fined a registered NDIS provider $2.5 million for serious compliance failures, including unsafe participant and worker environments and repeated breaches of reportable incident requirements. This case sends a strong warning to all NDIS providers about the need for robust risk management, incident response systems and proactive compliance processes.
The NDIA has released an updated Price Guide that will take effect from 24 November 2025. Providers should check whether the new Price Guide may impact their services and charging arrangements and seek legal advice from a NDIS specialist if unsure.
A final draft of the new Aged Care Rules has been released, together with a Provider Operational Readiness Checklist.
Jessica Kinny and Kinny Legal have been recognised by Doyles Guide to Leading Lawyers and Law Firms 2025 - New South Wales in the Health and Aged Care Category
Kinny Legal has been recognised as one of Australia’s top specialist law firms in the 2025 Top Specialist Firms report.
Kinny Legal has been recognised in the 2026 edition of The Best Law Firms in Australia in the Health and Aged Care Law, and Retirement Villages and Senior Living Law categories.
Recent changes strengthening privacy protections reflect the growing importance of privacy protection in Australia and the increasing consequences for non-compliance. Find out what you need to know.
Consistent cash flow is essential for the long-term health of your business. Plus, no one enjoys chasing overdue accounts. Strategic investment in the right areas will help your business get paid on time and avoid write-offs. Here are our top tips to help you get immediate results.
This guide is designed to help aged care providers understand debt risks and best practice strategies to reduce debt and improve cash flow.
The Australian Parliament passed the Aged Care Bill earlier this week, which gives the aged care industry some much-needed certainty that the new Aged Care Act will take effect on 1 July 2025. However, some key issues remain unresolved.
Aged care and other health businesses are experiencing a wave of reforms leaving many carefully considering their futures – including whether to sell. But how do you get the best sale price with the lowest stress and risk exposure? Here are our top tips.
With significant regulatory and funding changes across the health sector, M&A interest is on the rise. But how do you secure a great growth opportunity and avoid the “lemons”? Here are our top tips.
Proposed changes to NDIS funding have the potential to reshape the NDIS service landscape across Australia, and many providers may need to substantially change their service model to continue receiving NDIS funding.
Significant legal changes to employment and contractor classifications increase the risks for Australian businesses. Find out what’s changing and what you can do to protect your organisation.
If the exposure draft bill of the new Aged Care Act becomes law, directors and other “responsible person(s)” could face serious criminal penalties, including up to 5 years in prison and large fines. Find out when you as a responsible person might face prison and the steps you can take now and in the future to protect against that risk.
Aged care providers must quickly adapt to the reforms or they may not survive. This guide will help your organisation confirm what they need to do today and in the years to come to ensure ongoing compliance and future success.
From 1 January 2023, voluntary assisted dying laws will come into effect in Queensland and it’s essential that all providers understand how this will affect them. Find out what you need to know in our latest blog.
From 1 October 2022, there is a significant new restriction on an aged care provider’s ability to charge additional service fees as a consequence of the new AN-ACC funding arrangements. Read our latest article to find out more.
The final report from the Royal Commission into Aged Care Quality and Safety (Final Report) was tabled on 1 March 2021, and contains significant and sweeping proposals for reform of the aged care sector. This is the fifth of a series of articles by Kinny Legal examining what these proposed reforms are and how they might change the industry if implemented.
The final report from the Royal Commission into Aged Care Quality and Safety (Final Report) was tabled on 1 March 2021, and contains significant and sweeping proposals for reform of the aged care sector. This is the fourth of a series of articles by Kinny Legal examining what these proposed reforms are and how they might change the industry if implemented.
The final report from the Royal Commission into Aged Care Quality and Safety (Final Report) was tabled on 1 March 2021, and contains significant and sweeping proposals for reform of the aged care sector. This is the third of a series of articles by Kinny Legal examining what these proposed reforms are and how they might change the industry if implemented.
The final report from the Royal Commission into Aged Care Quality and Safety (Final Report) was tabled on 1 March 2021, and contains significant and sweeping proposals for reform of the aged care sector. This is the second of a series of articles by Kinny Legal examining what these proposed reforms are and how they might change the industry if implemented.
The final report from the Royal Commission into Aged Care Quality and Safety (Final Report) was released 1 March 2021, and contains significant and sweeping proposals for reform of the aged care sector. This is the first of a series of articles Kinny Legal will release in the coming weeks to examine what these proposed reforms are and how they might change the industry if implemented.
Respecting a consumer’s dignity of risk is a key concept in Standard 1 of the Aged Care Quality Standards. Meeting this requirement is not as simple as blindly letting the consumer take whatever risks they want. Aged care providers must take certain precautions to ensure the request is well informed and properly understood. Aged care providers also have several other obligations including to provide a safe environment and meet the duty of care owed to the consumer, staff and others, which must be balanced against any requested by a consumer. This guideline is designed to help aged care providers get the balance right and avoid unintended breaches.
Yesterday, the Aged Care Royal Commissioners released a special report in response to the COVID-19 pandemic. This report has been released in advance of the Final Report to be delivered on 26 February 2021. Here is what you need to know about the recommendations in this report.
Many aged care providers provide support services to participants in the National Disability Insurance Scheme . Providers can be registered or unregistered, and each option has its advantages and disadvantages. So which option is best for your organisation?
