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Guardianship & Administration Masterclass

Guardianship & Administration Masterclass

Date & TimeWednesday 19 February 2020 1.30–4.45pm
Format Masterclass
Price

Member

$360.00

Non-Member

$480.00

CPD Units 3
  • Ethics & Professional Responsibility
  • Professional Skills
  • Substantive Law
Venue LIV, Level 13, 140 William Street, Melbourne View Map

Exclusive LIV Member Offer: Early Bird Discount
Book online by February 12 and receive 20% off the member price*

Victoria’s substantially transformed Guardianship and Administration Act 2019 commences operation on 1 March 2020. The Act signals a significant paradigm shift, one more consistent with the International Convention on the Rights of Persons with Disabilities. 

In addition to providing comprehensive guidance on the changes and reforms introduced by this legislative regime, including the substantial alterations to the processes and procedures of the VCAT Guardianship list, this workshop offers opportunities to apply this knowledge to ethical and procedural scenarios that you could encounter when applying provisions of the new legislation in practice.

Further details below.

Program Overview

  • Guardianship & Administration Masterclass - Wednesday 19 Feb
    • 1:00 PM Registration
    • 1:25 PM Opening & Welcome
    • 1:30 PM Understanding and Applying the Guardianship and Administration Act 2019

      While there has been a substantial amount of governmental commentary and press coverage in relation to this important new legislative regimen, this only provides a cursory overview of its impacts, and more importantly, the pitfalls that befall a guardian or administrator who acts improperly or breach their duties. Will you be ready as a legal practitioner to apply the new legislation to those unusual and novel sets of circumstances that can easily trip up a legal practitioner?

      Incorporating a grounding in the most important components of the new Act, this session expands on that knowledge by testing your ability to formulate solutions to theoretical scenarios that will likely align to your own clients’ guardianship and administration – related issues.

      Presenters:

      • Claire McNamara, Legal Officer, Office of the Public Advocate
      • Kathy Wilson, Principal, Kathy Wilson Legal
      • Bill O’Shea, Chair, Law Institute of Victoria Elder Law Committee and Health Law Committee

      Compliance Area: Professional Skills

    • 2:35 PM Aligning with the New Act – Key Changes in VCAT’s Guardianship List

      Incorporated within the new Guardianship & Administration Legislation are a number of important reforms to applications for guardianship orders and administration orders and other associated applications and hearings.

      Providing an overview of process and procedure amendments direct from the source, this session will ensure that your prowess with these hearings is firmly in place from the operational date of the new Act, to the benefit of your clients and your practice.

      There will be an opportunity within this session to consider and discuss a scenario based around the new tribunal processes and procedures that will apply from 1 March 2020.

      Presenter: Deputy President Genevieve Nihill AM, Victorian Civil and Administrative Tribunal (VCAT)

      Compliance Area: Substantive Law

    • 3:25 PM Afternoon Tea
    • 3:45 PM Negotiating the Ethical Quandaries of Acting for Clients with Suspected Diminished Capacity

      When approached by a person with suspected diminished capacity, a legal practitioner needs to be aware of the processes and resources available to properly determine a client’s ability to provide instructions. Failing to do so will not only impact the client themselves, but could have a calamitous impact on the lawyer and their practice as well. Join our ethical expert to consider and discuss based-in-reality ethical dilemmas and the strategies that can be utilised to avoid misconduct consequences and penalties.

      Presenter: Professor Pēteris Dārziņš BMBS PhD FRACP FRCPC, Executive Clinical Director Aged Medicine and Director of Geriatric Medicine, Eastern Health, Professor of Geriatric Medicine, Monash University

      Compliance Area: Ethics & Professional Responsibility

    • 4:45 PM Close

Further Details

  • Full Description


    *Exempt from the Early Bird offer are CLC and Accredited Specialist members. The registration fee for these membership categories is $270.

    Victoria’s substantially transformed Guardianship and Administration Act 2019 commences operation on 1 March 2020. The Act signals a significant paradigm shift, one more consistent with the International Convention on the Rights of Persons with Disabilities, and is a powerful acknowledgment of the human rights of people with a cognitive disability to make, participate in and put into practise any choices that will impact their lives.

    In addition to providing you with comprehensive guidance in relation to the changes and reforms introduced by this significantly altered legislative regime including the substantial alterations to the processes and procedures of the VCAT Guardianship list, this workshop offers opportunities to apply this knowledge to ethical and procedural scenarios that you could encounter when applying provisions of the new legislation to your clients’ needs and circumstances.

    Topics covered include:

    •  Guidance on the key changes to applications and hearings in VCAT’s Guardianship List
    •  A comprehensive synopsis of the key reforms introduced by the new Act
    •  An exploration of ethical considerations that arise with clients of diminished capacity
  • Presenters

    Claire McNamara, Legal Officer, Office of the Public Advocate

    Kathy Wilson, Principal, Kathy Wilson Legal

    Bill O’Shea, Chair, Law Institute of Victoria Elder Law Committee and Health Law Committee

    Deputy President Genevieve Nihill AM, Victorian Civil and Administrative Tribunal (VCAT)

    Professor Pēteris Dārziņš BMBS PhD FRACP FRCPC, Executive Clinical Director Aged Medicine and Director of Geriatric Medicine, Eastern Health, Professor of Geriatric Medicine, Monash University

  • Feb-March 2020 CPD Program


    Make your points count with the LIV.

    Developed in collaboration with industry experts, the all new CPD program covers 19 practice areas, all areas of Accredited Specialisation, all compulsory compliance areas and all career stages. Choose from a variety of options and formats to fit your busy schedule.

    Click here to learn more about our 2020 CPD program.

    Click here to view additional professional development focused on Succession & Elder Law.