Regulation in this area is changing more than in any other area in Australia. Our sometimes cost and resource constrained clients need recommendations on the available options as well as advice on systems to approach and maximise inhouse capability.
Thomson Geer advises on all aspects of the Aged Care Act and Principles. We advise on regulatory compliance issues including additional services, security of tenure, prudential compliance and overpayment of fees. We assist providers to respond to findings of non-compliance, notices to agree and sanctions, as well as helping clients return to compliance following adverse findings. We also provide policy advice when new laws are introduced or amended.
We also advise on retirement village laws unique to each state; the National Disability Insurance Scheme and how it interacts with aged care services; Australian Charities and Not-for-profits Commission regulation and compliance; and retirement living financial models, contract structures, off the plan sales and disclosure documentation.
Our team has extensive experience assisting clients on the acquisition and sale of aged care and retirement living assets, including financing of those transactions. We work with clients from deal conception, through expression of interest, exclusivity, due diligence, deal structuring, contract negotiations and completion in asset or share sale structures.
We work closely with our clients on day to day operational commercial contracts including procurement and services contracts. We provide management agreements for aged care providers to provide step in management services. We advise on corporate structuring as well as governance frameworks for providers.
Our commitment to the health, aged care and retirement village sectors goes beyond legal advice. We also present popular and well-received online training programs covering:
We have represented clients in a wide range of dispute matters. Our team have advised more than 25 private and not-for-profit aged care providers in the Royal Commission into Aged Care Quality and Safety. We also have significant experience reviewing regulatory and administrative decisions including appeals to the Administrative Appeals Tribunal and the Federal Court of Australia. We regularly advise our clients in Coronial matters and advise on workplace health and safety issues and retirement village disputes. We offer specialist debt recovery services for our aged care clients and regularly advise on guardianship appointments and disputes in the various state Tribunals.
Thomson Geer advises clients in respect to a wide range of health law matters. We assist with accreditation matters for health providers and National Health Practitioner Regulation. We work with medical research organisations in relation to governance and clinical trials. Our team also works on privacy issues and Freedom of Information laws and all aspects of substitute decision making including guardianship appointments in the various State Tribunals.
Thomson Geer provides an automated online service for residential aged care providers that simplifies the process of creating resident agreements. We also prepare resident contracts, home care agreements, brokerage agreements, respite agreements, retirement living agreements and disclosure documents as well as service agreements for National Disability Insurance Scheme providers.
We assist retirement village operators with all their conveyancing needs for residents moving into and out of retirement village units through Thomson Geer's TG Legal + Technology division.
Our professional team deliver efficient, compliant and comprehensive management of ingoing and outgoing village contracts from initial issue of the contract through to surrender.
The team ensures that ingoing and outgoing contracts are administered sensitively in compliance with the Retirement Villages Act applicable in the relevant jurisdiction and relevant Regulations.
Developing and implementing training packages for aged care providers and retirement village operators.
Advising on the development of the retirement living, aged care and wellness precinct, Mark Moran Vaucluse.
Advising Ingenia Communities on its acquisition of five rental retirement villages and a tourist park. The purchases incorporated 274 senior village rental units and 236 cabin and camp sites. The units are located throughout New South Wales, Victoria, and Tasmania.
Acting for aged care providers in relation to the Royal Commission into Aged Care Quality and Safety.
Advising Roshana Group on the $15 million Valencia Nursing Home redevelopment. This involved providing strategic advice and advocacy through multiple SAT mediations and JDAP meetings to facilitate approval for a 120 bed redevelopment of an existing aged care facility in the City of Kalamunda.
Advising Chris O’Brien Lifehouse Project on the A$260 million Lifehouse facility for the provision of integrated cancer services in a new purpose-built facility on the Royal Prince Alfred Hospital campus in Sydney.
Advising Burswood Care on the $25 million Duncan Street, Victoria Park Nursing Home development. This involved providing strategic advice and advocacy through Council, JDAP and ultimately SDAU process and resulted in the SDAU approving a new 4 storey, 120 bed, high care facility with significant variations to the existing planning framework.
Advising residential aged care providers in relation to complex resident issues including security of tenure, substitute decision making and financial arrangements.