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Aged Care Training

Your Training Needs

We have developed our program from years of involvement in providing legal advice to the aged care sector.  However, while the progam represents the fruits of our experience, it is no substitute for what you believe are your organisation's weaknesses.  Any training, in our view, must satisfy the first criterion of what you percieve your needs to be rather than us necessarily telling you what they should be.  These are often described as your 'Known Knowns'.

Of course, our experience is garnered from acting for many aged care providers so the breadth of the knowledge we have may extend well beyond your own experience and can provide an added dimension to your own internal training program in raising issues that you may not have been aware of but which could be waiting to happen in your facility.  These are described as your 'Unknown Unknowns'.

Even if you have your own internal training program, do you know how correct or comprehensive it is and how do you ensure that it us up to date.  In these situations, our training program can be used like an audit tool to ensure you are covering the essential issues.

The Aged Care Risk Program

Our training program is specifically targeted at risk in residential aged care but can be easily adapted to community care.

The program covers the following broad generic categories:

"TAKING THE RISK OUT OF RISK IN AGED CARE:

  1. Risk and the Resident
  2. Risk and the Family
  3. Risk and the Health Professional
  4. Risk and the Environment
  5. Risk and the Department
  6. Risk and the Media
  7. Risk and other Authorities
  8. Risk and the Board"
Each section of a module is presented in 2 parts - the legal issues and then practical scenarios and solutions.  The scenarios can be the most telling part of the program as they represent a cross section of real life aged care issues that we have confronted or become aware of and advised aged care providers about.  It is not pie in the sky.

Philosophy

The aim of the training is for us to share and impart our knowledge and experience to enable staff to be confident and correct decision makers as well as quality carers.

The modules are designed for delivery across the spectrum from operational staff to management and to the Board.  However, given the breadth of subjects, we find it best for the client to identify who they would like to deliver the training to and the appropriate modules or parts of a module can then be chosen.

Delivery

The training is usually delivered in your facility using Powerpoint, whiteboard and scenario handouts.  The staff are encouraged to be proactive and to raise their own concerns in the context of any particular subject. 

Personnel

The training is provided by Brian Herd, Joanne O'Brien and David Quinn from our office.  Together, we have years of association with the aged care sector and have given many presentations at aged care conferences.

The Program Detail

Set out below are some more details of each module and the topics that are covered so that you can determine, in the context of your risk training, what you may require or what you would also like to be included in a module.

Module 1 - Risk and the Resident

  • The nature of your legal relationship with a resident
  • The Duty of Care
  • The Residential Care Agreement
  • The Charter of Rights and Responsibilities
  • Mandatory reporting
  • Administration of medication
  • Complaints handling
  • Resident capacity to make decisions
  • Life sustaining measures
  • Privacy
  • Restraints
  • Resident departure
  • Death of the resident

Module 2 - Risk and the Family

  • Family rights and obligations
  • Handling the family
  • Families making decisions for residents
  • Enduring Power of Attorney
  • Guardianship and Administration Tribunal
  • Whistleblowing
  • Family financial arrangements for the resident

Module 3 - Risk and the Health Professional

  • The Doctor's role, duty and responsibility in your facility
  • Staff relationship with Doctors
  • The role and responsibility of other health professionals
  • Complaining about a health professional
  • Getting a letter from a health professional

Module 4 - Risk and the Environment

  • The impact of the Fair Work Act
  • The Aged Care Award 2010 and transitional arrangements
  • The Fair Work Ombudsman
  • Rights of Unions
  • Workplace Health and Safety
  • What can go wrong and why
  • The Workcover system
  • Building certification

Module 5 - Risk and the Department

  • The Complaints Investigation Scheme
  • The Aged Care Commissioner
  • ACFI issues
  • Dealing with an NRA
  • Rights of Appeal
  • The consequence of sanctions
  • Dealing with the Department

Module 6 - Risk and the Media

  • What interests the media
  • What tactics do they use
  • The damage they can cause
  • What are their rights and responsibilities
  • What are your rights and responsibilities
  • What does a good media policy look like
  • How and when to respond
  • The legal implications of what you do or don't say
  • What have we learnt from the Riverside experience

Module 7 - Risk and Other Authorities

  • The Guardianship and Administration Tribunal
  • The Adult Guardian
  • ACSAA
  • Privacy Commissioner
  • Letters from lawyers
  • The Coroner
  • Court proceedings

Module 8 - Risk and the Board

  • What does the Board do
  • What should it do
  • What are its legal responsibilities
  • What are individual directors responsibilities
  • What is good corporate governance
  • What can go wrong
  • Getting and keeping good people on the Board

Example

Click on the link below to see an example of the program, being Section 1.5 on Mandatory Reporting.

Section 1.5 Mandatory Reporting

Cost

We are able to give you a fixed fee for the specific training you may require but, before doing so, we prefer to discuss your specific needs and choice of modules so we can give you a fee for what you may require.  We would be happy to discuss these and any other issues that you think need to be addressed in your aged care operations.

The Opportunity

Imparting knowledge and skills to your staff is not a one off event.  It is a constant reinforcing not only to ensure it is embedded in your care culture but to ensure it is the latest information in an industry where change is a constant.

You may be confident in your current training program but what is the objective basis for that confidence?  If nothing else, we can tell you if that confidence is misplaced or well founded.

Please feel free to call Brian Herd to discuss how we can ensure you keep (or start) sleeping well at night.