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.
It is extremely important that retirement village operators regularly audit their contracting documents - i.e. their village contract, annexures to the village contract and any mandatory pre-contractual disclosure documents - on a regular basis and promptly in response to significant events such as a change in law or risk event arising in the village. This article explores some of the questions that need to be answered as part of the audit process.
Aged care providers have been granted a statutory grace period in relation to certain registered provider requirements – allowing them to provide services that could otherwise only be provided by registered NDIS providers. This grace period was scheduled to end on 30 June 2020 but has been recently extended to 30 November 2020. So, what does this mean for your organisation?
The IAE Awards celebrate individuals who have been successful over the past 12 months and have received exceptional praise from their peers. Jessica Kinny has won the 2020 International Advisory Experts Award for Business Law in Australia. This is the second consecutive year that Ms Kinny has won this prestigious award.
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.
