CPD Programs

Duties Update - 2019 / 2020 

This session will address the impact the State Taxation Acts Amendment Act 2019 has on:

• Foreign Purchaser Duty;

• Land Transfer Concession Duties;

• Stamp Duty and Residential Developments.

Presented by: James Hamblin, Special Counsel, MinterEllison

Land Tax Update - 2019 / 2020 

This session will address the impact the State Taxation Acts Amendment Act 2019 has on:

• Principal Place of Residence;

• Absentee Owner Surcharge Rate;

• Assessments and Objections;

• Valuation Changes;

• Exemptions including the Primary Production;

• Exemption;

• SRO and ATO Audit Crackdown.

Presented by: Michael Hines, Barrister, Victorian Bar

GST Impact on Property Transactions 

This session will address:

• GST Margin Scheme;

• GST at Settlement;

• GST Adjustments;

• Included and Excluded Properties and Refunds;

• ATO Audit Crackdown.

Presented by: Daniel Prior, Partner, Accredited Specialist in Property Law, Prior Law

Complex Duties Online Transactions 

This session will address the impact of mandated transactions, including complex transactions, lodged and managed online from 1 August 2019. This session will include:

• What is the difference between a DOL transaction and a complex transaction?

• DOL changes and further updates from November 2019;

• Complex assessing of duty (1 August mandatory); and

• Evidentiary Requirements.

Presented by: Shev Whellens, Principal Customer Education Consultant, Staff Development and Customer Education Unit, State Revenue Office Victoria

Aged Care Update 2019 - 2020  

This session will provide practitioners with a review of the most recent, significant legislative updates and trends in Aged Care including:

• Single Aged Care Quality Framework and Standards;

• Clinical Governance Framework;

• Open Disclosure Framework;

• New Charter of Aged Care Rights effective from 1 July 2019;

• Aged Care Amendment (Resident Welfare & Provider Disclosure) Act 2019;

• National Quality Indicator Program;

• Government promotion of Home Care;

• Voluntary Assisted Dying Act 2017 (Vic) commenced on 19 June 2019;

• Introduction of the Retirement Village Code of Conduct (the Code);

• More Choice for a Longer Life Package;

• Review into the regulations controlling the administration and management of medications in the Victorian Aged Care sector.

Presented by: Jacob Fronistas OAM, Barrister, Victorian Bar

Negotiating the Retirement Village Agreement and Tips when Advising the Resident Client 

From management agreements and legal structures, to the financial considerations, navigating through the retirement village agreement is often extensive and complicated. This session will discuss the issues faced when negotiating Retirement Village Agreements and will cover:

• Common legal structures for retirement villages;

• What needs to be covered in the Retirement Village Agreement;

• Financial considerations –Fees, Rent, Recurring Charges, Departure fees etc;

• Resident and Management Agreements – What to look out for;

• The clauses you need to be wary of;

• Tips for Ongoing Contract Review.

Presented by: Steven Smith, Partner, HWL Ebsworth - Leading Health and Aged Care Lawyer, Doyles Guide 2019; Recognised by Best Lawyers (Property Law and Retirement Villages and Senior Living Law).

Hot Topic! CCTV and Aged Care – Recording and Privacy Issues  

This session provides an overview of the options and risks in utilising various surveillance techniques and covers:

• An overview of Surveillance legislation in Victoria as it impacts this area;

• Privacy Rights – Employees / Residents;

• CCTV and Elder Abuse;

• Who can access CCTV footage;

• Consent and Capacity of the resident to be filmed;

• Family members installing hidden cameras.

Presented by: Kevin Finn, Senior Associate, Burke Lawyers

and

Rosy Roberts, Associate, Burke Lawyers

Granny Flat Arrangements – Advice, Considerations and What happens when it all goes wrong  

This session will discuss the different types of granny flat arrangements and the advice you need to provide to your client when entering into this type of arrangement.

This session will cover:

• Advising on Granny Flat Arrangements –acting for multiple parties - Wise or Unwise?;

• Advising on Granny Flat Arrangements – Different types / Benefits and Risks;

• Advising on and Documenting the Arrangement – Deed of Family Arrangement;

• When the Granny Flat arrangement goes wrong – Family disputes, Insolvency, Divorce settlements and property affected etc.

Presented by: Jim Parke, Managing Director, Parke Lawyers

and

Dennis Wawra, Lawyer, Parke Lawyers

Physical and Medicinal Restraints on Residents – Legal Obligations on the Aged Care Facility or Resident Provider  

This is an evolving area with changes from 1 July 2019 and more on the horizon. This session will outline:

• Stronger Regulatory Scheme to minimise the inappropriate use of restraints;

• Threatening Resident Behaviour and the use of Restraints;

• What happens when a staff member is physically abused or injured;

• What happens when a resident is injured by use of physical or medicinal restraint;

• Reporting Obligations under the new Regulatory Scheme.

Presented by: Dr Melanie Tan, Senior Associate, Russell Kennedy

Royal Commission into Aged Care Quality and Safety  

This session will outline its impact on:

• Systemic Elder Abuse; and

• Restrictions on Freedom.

Presented by: Russell Moore, Barrister, Victorian Bar

Advance Care Directives in the Aged Care Context – Role, Limitations and Interaction with Voluntary Assisted Dying Act 

This session will address the particular nuances and issues practitioners should be aware of when advising clients in the context of Aged Care and Advance Care Directives.

Presented by: Bree Ridgeway, Solicitor, Pearce Webster Dugdales

This conference will be chaired by:

Jason Pizer QC, Barrister, Victorian Bar

and

Kay Chan, Barrister, Victorian Bar

Challenges, Trends and Issues Facing FOI and Privacy Practitioners 2020 - Hear from the Panel 

Our panel will discuss the current issues facing practitioners including:

• Potential Tougher Penalties under the Privacy Act 1988;

• New Powers for the OAIC;

• What’s Working and What’s Not Working Under OVIC;

• Changes To OVIC Procedures; 

• The European Union’s General Data Protection Regulation (GDPR);

• 'Face App' - Is there cause for concern?

Presented by: Sven Bluemmel, Victorian Information Commissioner

Lisa Fitzgerald, Partner, Holding Redlich

and

Keely O'Dowd, Senior Associate, K&L Gates

Professional Standards and the Freedom of Information Act 1982 (Vic) 

The Information Commissioner has now developed Professional Standards (a Legislative Instrument) that cover the conduct of agencies coming under the FOI Act, and how they operate under the Act. The Information Commissioner has published 33 draft Standards with a view to being finalised and commencing in late 2019.

This session will outline the final version of the Professional Standards and provide a key update on the impact these Standards will have on Government agencies.

Presented by: Joanne Kummrow, Public Access Deputy Commissioner, Office of the Victorian Information Commissioner

Part II Information Statements 

This session will cover  the drafting, reviewing or updating of your Part II Information Statement to ensure their compliance which is now more important than ever in anticipation of the Professional Standards.

This session will provide essential drafting guidance to ensure compliance.

Presented by: Roman Valher, A/Senior Policy Specialist, State Revenue Office

Processing an FOI Request – How To and Practical Application 

This session will cover procedures and issues to consider in initial processing stages of an FOI request (both personal and non-personal), including its validity, applicable statutory timeframes, obligations to consult and inform, urgency and notifying parties of a decision.

Issues such as ‘voluminous’ and ‘unclear’ applications and agency obligations to consult and inform will also be covered.

Presented by: Robin Davey, Manager, Freedom of Information Divison, Victoria Police

Exemptions - Personal and Non-Personal 

This session will cover personal application exemptions, including personal affairs and communications in confidence, as well as non-personal application exemptions such as privileged and internal working documents.

Our presenter will outline whether and how these should be applied, including reference to Section 25 of the Freedom of Information Act (1982) (Vic).

This session will also highlight the less obvious exemptions such as Cabinet documents, documents affecting legal proceedings and law enforcement documents.

Our presenter will also discuss the subtle nuances and factors to weigh up when making decisions in this area.

Presented by: Steven Brnovic, Barrister, Victorian Bar

FOI and Privacy - Recent Significant Decisions 

This session will highlight recent significant cases relevant to FOI and Privacy practitioners so you can be confident you are up to date with the latest! This session will cover cases including issues such as:

• CCTV and FOI Requests

• Privacy Law impact on Employment issues including employer right to collect sensitive employee data, duty to protect data and Biometric Data.

Presented by: Laurence White, Barrister, Victorian Bar

Public Interest Test and FOI Requests 

This session will provide guidance on:

• Understanding and interpreting the public interest test when considering FOI requests;

• How to determine the proper decision in ambiguous or nuanced situations; and

• Impact of unfavourable information having to be released.

Presented by: Kristy Fisher, Barrister, Victorian Bar

Data De-identification and Privacy - A How To Guide and Risks 

De-identification can allow entities to share information which would otherwise not be permitted under the Privacy Principles. This session will provide an overview of the de-identification process with respect to organisations that collect and retain personal data. 

Presented by: Melanie Olynyk, Partner, Maddocks