Topic: Managing the movement of residents in response to positive COVID-19 risk – balancing the wellbeing of residents with legal risk and clinical governance issues

Day: Wednesday 21 October 2020

Time:  1:50pm-2:10pm AEDT


Providers are adapting and responding to COVID-19 risk in aged care services and considering how best to protect the safety of both COVID-19 positive and negative residents. Increasingly providers are looking to identify locations and solutions where residents might be safely cohorted together to isolate the unwell, quarantine those suspected to have COVID-19, or reduce the exposure to COVID-19 negative residents. Residents are also choosing to return home temporarily, a move which involves its own unique set of challenges.
This session will be presented by Julie McStay and Lucinda Smith who are Partners in the Health, Aged Care and Retirement Villages team at Thomson Geer and Cynthia Payne who is the Chief Executive officer of Anchor Excellence. 
Together they will examine the legal, risk management and clinical governance issues that providers must navigate if they are considering cohorting COVID-19 positive residents in a particular part of a service or, for larger providers, in a dedicated COVID-19 positive service and how they can do so without compromising resident well-being. We will also look how providers are managing the issues relating to consumers who choose to take leave to return to the community.
From a legal and clinical governance perspective we will consider:
• The legal and compliance issues in the context of immediate COVID-19 risk• Clinical governance for COVID-19 positive, negative and exposed residents, including infection control• Identifying suitable sites where residents may be cohorted together and strategies to manage risk  • Obtaining the relevant consent from residents or substitute decision makers• Security of tenure issues 


 Lucinda Smith is a Partner in the firm’s Corporate team. She also sits on the firm’s National Executive Team, in the role of Partner – Service Delivery. In this role, she manages and oversees the firm’s ability to drive improvement in and modernisation of our service delivery in all parts of our business.

Lucinda is a specialist in the health, aged care, and retirement village industries and brings a commercial, solutions-driven approach to corporate transactions. Her work in the industry focuses on mergers and acquisitions/corporate structuring, regulatory advice, projects (including the development of new hospitals, care facilities, and villages), and operational contracts.

Lucinda’s clients include major players in the corporate, health, aged care and retirement village sectors, research institutes, and health funds.

Lucinda has been recognised by her peers as ‘Lawyer of the Year’ by Best Lawyers in Australia (2013, 2017 & 2019) in her specialty practice area of Retirement Villages and Senior Living Law in Sydney. In this same publication, she has been recognised by her peers as one of the Best Lawyers in Australia in the areas of Non-Profit/Charities Law (2019 – 2021), Health & Aged Care (2014 – 2021), and Retirement Villages and Senior Living Law (2012 – 2021).

Lucinda has also been recognised by Doyle’s Guide as a preeminent lawyer in the area of Health & Aged Care in New South Wales (2017 – 2020), and in Australia (2017 – 2019).