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Aged Care

Russell Kennedy is a market leader in the aged care sector. We’ve advised aged care providers, developers and landowners and worked with leading industry bodies for more than 35 years.

 

Our Aged Care team provides our large client base with specialist advice on the acquisition, development, construction, financing, operation, management, compliance and disposal of aged care facilities.

Russell Kennedy has been named Australia's 2020 ‘Law Firm of the Year’ in the area of Retirement Villages and Senior Living Law by Best Lawyers.

Seven of our aged care lawyers were recognised on the 2020 Best Lawyers in Australia list; Principal John Corcoran AM was named 2020 Lawyer of the Year for Retirement Villages and Senior Living Law.

Russell Kennedy maintains longstanding relationships with peak national industry bodies including Leading Age Services Australia (LASA), Aged and Community Services Australia (ACSA), the Aged Care Guild, the Property Council of Australia (including the Retirement Living Council) and the Victorian Healthcare Association (VHA).

Regulatory Compliance and Inquests

We help aged care providers and industry bodies deal with stakeholder groups from regulators to residents.

We advise on legislative compliance, governance, risk management and complaint resolution. We help providers to challenge the decisions of regulators and assist with investigations into workplace incidents. We also represent our clients at coronial inquests and in preparing statements for the coroner.

Royal Commission and Litigation
Our team has specialist expertise in representing parties in Royal Commissions, Coronial Inquests and other public inquiries. We have a comprehensive understanding of how these inquiries operate and how to effectively protect our clients’ interests and reputation. 
We’ve acted for clients in major Royal Commissions including the Royal Commission into Aged Care Quality and Safety, the Metropolitan Ambulance Service Royal Commission and the Bushfires Royal Commission.

Privacy
We help our clients to meet their obligations under relevant privacy legislation including drafting privacy policies and procedures for handling data and complaints, providing training on privacy compliance, conducting privacy impact assessments and representing them during investigations of alleged privacy or data breaches. We also assist clients to respond to requests for access to client records.

Aged Care Contracts
We hold a comprehensive suite of residential and home care contracts due to our significant industry experience. We provide agreements that protect the interests of aged care providers and their clients while meeting the compliance requirements of the Aged Care Act and other relevant laws.  
 

We also provide a range of template agreements via a longstanding partnership with ACSA and e-Tools, a leading provider of software applications to the aged care sector.

Mergers, Acquisitions and Structuring advice

We are experts in providing advice as to the most appropriate legal structures for the acquisition, development and operation of aged care sites, including establishing op co/prop co structures.  

We act for aged care owners and operators in the acquisition and divestment of aged care services, including portfolios of aged care and home care services, co-located facilities, allied health services and aged care places.  We support our clients with tailored advice regarding pre-sale documentation and corporate restructuring, due diligence, foreign investment approvals, corporate finance and capital raising, advising on the transfer of funding agreements, regulatory approval requirements and employment issues.  

Construction and Facilities Management 
We advise clients on all aspects of building and construction law for aged care facilities. We help with the preparation and interpretation of construction contracts including tender documentation, minor works contracts, project management agreements, consultant agreements and subcontracts.

We also provide trusted advice regarding facilities and building management, including health and safety obligations, environmental considerations and energy obligations.

Clinical Governance
We provide thorough audits and policy reviews across areas of legislative compliance, corporate and clinical governance and risk management. Our team understands the regulatory, social and commercial sensitivities unique to the aged care sector and provides practical and agile advice.

We’ve developed policies covering privacy and confidentiality, financial risk management, falls management, complaints and records management.

Home Care
We help existing providers and new entrants to navigate the complex regulatory compliance environment and commercial challenges of home care. 2017’s legislative changes drove greater competition in the home care sector, calling for innovation, more efficient service delivery and an increasingly flexible workforce.

We provide template and bespoke home care agreements, audits, and advice regarding workforce structures and obligations.

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