Health and community

With significant advances in medical technology, coupled with a growing population and better life expectancy, Heath care, Aged care and Lifesciences in Australia is strong, with growth expected to continue.

With this comes a raft of legal issues: acquisition and development of the right sites, financing arrangements and capital raising, acquisitions of existing facilities, drafting effective commercial agreements and taking the right approach to tax for your organisation.

In particular, people are at the centre of the health and community sector – whether they are the senior citizens, the sick or the vulnerable, or the staff and carers who help keep the sector running. For management, it is vital that employment and industrial relations issues are dealt with in a way that recognises the nuances of the sector and balances the needs of all concerned.

Hall & Wilcox is a trusted advisor to health and aged care providers, medical practitioners, health associations, health insurers, research organisations, clinics and hospitals, both for-profit and not-for-profit.

Employment and workplace relations

Employment contracts, awards, enterprise agreements, anti-discrimination and equal opportunity policies and issues, termination disputes, transfer of business issues, management of performance and misconduct issues, restructuring strategies and the implementation of workplace change, industrial relations litigation and immigration.

Property and projects

Preparing documents for retirement village developments, sales, purchases, acquisitions and subdivisions and preparing and negotiating agreements.

Corporate and commercial

Mergers and acquisitions, corporate advisory and board advice, compliance with the Corporations Act and capital raising.

Banking and finance

Acting for lenders and borrowers in syndicated loan agreements and preparing operating and equipment lease finance transactions.

Tax

Fringe benefits, payroll tax, PAYG and WorkCover issues, corporate restructures, mergers, acquisitions and disposals, indirect tax such as GST and planning and property taxes such as land tax.

Privacy

Privacy policies and compliance documents, management and employee training programs, privacy breach complaints and access to information requests, preparing submissions and responses to the Australian Information Commissioner (AIC) and advice on compliance with changes to privacy laws.

Medical defence

Acting for health care providers and health professions Australia wide in a broad range of professional indemnity, public liability, product liability and disciplinary claims. We are a trusted advisor to our loyal client base. Our work extends from claims management to policy development and risk assessments.

Regulatory
  • Advising on the Therapeutic Goods Act 1989 (Cth) and associated regulations including the Therapeutic Goods Advertising Code in relation to the registration/listing, manufacture, supply, marketing, distribution and labelling of therapeutic goods.
  • Advising on the  Private Health Insurance Act 2007 (Cth) and the Private Health Insurance (Prudential Supervision) Act 2015 (Cth) and associated regulations and rules, including advising on reimbursement for therapeutic goods including prosthetics;
  • Advising on reimbursement including on the Health Insurance Act 1973 (Cth) – including the Pharmaceutical Benefits Scheme. Medicare audits and prohibited diagnostic imaging and pathology practices;
  • Legislation regulating private and public hospitals.
  • Health Practitioner Regulation National Law and Codes of Practice.
  • Advising on international product recalls of therapeutic goods.
Commercial litigation

Hall & Wilcox currently acts for over 16 approved Aged Care providers in relation to the Royal Commission into Aged Care Quality and Safety.

Other services

We can also advise on issues around intellectual property, technology, insurance, disputes and debt recovery.

Health law seminar series

Hall & Wilcox, the Australasian College of Health Service Management and the Australian Healthcare & Hospitals Association recently brought together experts from across the health and community sector for a seminar discussing the important issue of protecting the vulnerable in health, aged care, disability and community.

Health and community team leader Alison Choy Flannigan spoke with Dr Bronwyn Morkam, National Director of Young People in Nursing Homes National AllianceKatrina Ong, Consultant – Quality and Compliance at Pride Living and Lence Markovska, Acting General Manager – Aged and Primary Care, Merri Health, about these challenges.

Elder abuse prevention

In the first of our three-part series, Lence Markovska talks about the elder abuse prevention program her organisation is involved in. Watch below.

Clinical governance

In the second of our three-part series, Katrina Ong talks about clinical governance in her organisation and some tips about how to do it well.

Navigating the system for people with complex needs

In the final part of our three-part series, Dr Bronwyn Morkam talks about how she navigates the system for people with complex needs.

Key Contact

With over 25 years of corporate, commercial and regulatory experience, Alison has specialised in advising clients in the health, aged care, disability, life sciences and community sectors...