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Regulatory & Prudential Compliance

Hynes Legal has advised on a range of regulatory compliance issues for residential and community aged care providers as well as retirement village operators.

We actively engage and collaborate with key industry peak bodies and aim to keep clients and industry stakeholders informed of regulatory and legislative changes as and when they occur. We have been involved in advising, and working with, key peak bodies at both a national and state level on aged care legislative reforms since 2009.

Recent experience: 

Advising providers who have been sanctioned by the Department of Social Services including undertaking investigations as to non-compliance issues, providing advice to address non-compliance issues and undertaking various internal review processes including making applications to the Department of Social services for reconsideration of decisions to impose sanctions and for sanctions to be lifted.

  • Acting on behalf of an approved provider in Federal Court and Administrative Appeals Tribunal proceedings seeking judicial and administrative review of decisions of the Department of Social Services to impose sanctions and decisions of the Australian Aged Care Quality Agency to find that a provider placed residents at ‘serious risk’.
  • Acting for providers in responding to findings of failure to meet the expected outcomes of the accreditation standards and applying for re-accreditation.
  • Acting for providers in relation to transfer of large and small portfolios of aged care places including various applications to the Department in relation to variations to conditions of allocation.
  • Acting for providers in various complex disputes relating to security of tenure including challenging findings of non-compliance in relation to security of tenure matters. 
  • Advising residential and community aged providers on a myriad of specific compliance issues arising under the Aged Care Act 1997 (Cth) including:
    • Means testings in community and residential care
    • Methods for securing non-payment of accommodation payments and daily fees
    • Prudential bond management and structuring issues to comply with “permitted use” requirements
    • Medication management
    • Police check and mandatory reporting requirements
    • Guardianship and capacity issues
  • Undertaking applications to the Department of Social Services, including:
    • For residential, home care places and short-term restorative care in the annual Aged Care Approvals Round
    • For approval to become an approved provider of residential, home care and flexible care
    • To transfer places including provisionally allocated places
    • For CHSP grant funding
  • Undertaking applications to the Aged Care Pricing Commissioner, including:
    • Increases to Extra Service fees
    • Approval to charge a Refundable Accommodation Deposit above the amount determined by the Minister
  • Advising peak bodies on various issues that have “whole of industry” implications arising out of 2014 amendments to the Aged Care Act 1997 (Cth)
  • Providing advice to aged care providers on debtor management systems following an increase in bad debts, including, establishing and implementing new processes and procedures for the client to ensure compliance at all levels within the client’s business
  • Advising retirement village operators on various compliance issues such as:
    • The establishment of various novel accommodation and care models which incorporate both funded residential aged care under the Aged Care Act and retirement village legislation.  
    • The establishment of freehold, leasehold and licence schemes
    • Different financial models and tenure types
    • Resident disputes
    • Exit entitlement issues