Our non-judicial decision-making process advice includes:

• disciplinary and professional standards reviews
• policies and procedures development
• due process (including satisfaction of procedural fairness) implementation
• privacy, freedom of information and whistleblower applications and advice

A key strength is Russell’s Kennedy’s freedom of information experience as we assist our clients with applications, review of applications, appeals and litigation. The firm is familiar with applicant and recipient issues as we work both with applicants and government authorities.

We also assist clients to prepare compliance manuals and other documentation and conduct training for their personnel to ensure that risks of non-compliance are minimised. We are also experienced in acting on behalf of health and aged care facilities in professional conduct complaints and notifications to professional registration boards which requires expertise in administrative law and statutory interpretation. 

Examples include:

• Working with clients on quality assurance and qualified privilege applications unique to the health field, including the management of claims within the confines of the qualified privilege declarations under the Health Insurance Act 1973 (Cth).  Specific experience includes the establishment and management of the Australian and New Zealand Audit of Surgical Mortality, as well as hospital credentialing processes through medical advisory committees
• Retained by the Municipal Association of Victoria and the Victorian Department of Health to assist in the implementation of a major re-enactment of the State’s public health legislation, following the enactment of the Public Health and Wellbeing Act 2008. Russell Kennedy: prepared an implementation toolkit for all councils in Victoria, with template forms and notices; delivered 14 day-long training sessions for local government environmental health officers and 3 day-long training sessions for Department of Health officers; and prepared two separate guidance manuals for local government environmental health officers and Department of Health officers about their powers, functions and duties
• Acting on behalf of an aged care provider challenging a decision of the Department of Health and Ageing (DoHA) to impose sanctions for breach of the Aged Care Act.  The matter was commenced following internal reconsideration of the decision.  The AAT found in favour of our client.  The primary point was one of statutory interpretation.  The AAT agreed with our interpretation upsetting a long-standing practice of DoHA to interpret the powers granting a discretion to impose sanctions in a particular way.  The AAT then found in favour of our client on the facts. 
• Providing advice to the Australian Health Practitioner Regulation Agency, predominately for the Nursing and Midwifery Board of Australia.  Managing the notifications that are referred to the Victorian Civil and Administrative Tribunal, representing the Agency in formal hearings, providing advice and attending professional standards panel hearings and health panel hearings

Russell Kennedy is actively involved in developing and promoting corporate and clinical governance procedures and policies, identifying potential risks, implementing risk management strategies and assessing the merits of alternate governance structures.

We conduct ‘risk reviews’ to assist in the development and monitoring of risk management strategies and plans and assist clients in the preparation of compliance manuals and checklists.

We also advise on regulatory compliance obligations, including service delivery requirements, licensing and accreditation requirements, taxation endorsements and competition requirements.

We partner with Medicare Locals, taking the time to understand long term objectives, operational requirements, reporting requirements, operating risks and opportunities. We have assisted Medicare Locals to:

• prepare Medicare Locals constitution
• incorporate the Medicare Locals company
• review and negotiate Commonwealth funding agreements
• assist with due diligence and prepare agreements to transfer assets to the Medicare Locals
• advise on staff, contract, property, insolvency and other transfer issues
• advise on implications for other government initiatives (e.g. primary care partnerships)
• assist with the orderly wind down of GP divisions
• prepare subcontracts under the Commonwealth funding agreement
• advise on conflict of interest issues and policies
• deliver governance training

We partner with community health services clients, taking the time to understand long term objectives, operational requirements, and operating risks and opportunities. We regularly assist clients with:

• governance, including governing documents and the establishment and review of governance  systems
• preparing constitutions
• the review and negotiation of funding agreements
• employment and workplace health and safety
• assisting with collaborative arrangements
• commercial agreements
• property and leasing advice
• government initiatives (e.g. primary care partnerships)
• preparing service delivery models, including sub-contracting arrangements
• conflict of interest issues and policies
• intellectual property and information technology

Medical colleges and research institutes have benefited from Russell Kennedy’s ability to establish facilities, co-operative research agreements and off-shore ventures, and resolve disciplinary and employment matters, compliance and risk management and governance issues.

We advise on regulatory compliance obligations, including service delivery requirements, licensing and accreditation requirements, taxation endorsements and exemptions, and competition requirements.

Examples include:

• Acting for other health professions’ regulatory bodies or being involved as legal board members, including the Optometrists Board of Victoria and the Dental Board of Victoria. 
• Retained by the Municipal Association of Victoria and the Victorian Department of Health to assist in the implementation of a major re-enactment of the State’s public health legislation, following the enactment of the Public Health and Wellbeing Act 2008. Russell Kennedy: prepared an implementation toolkit for all councils in Victoria, with template forms and notices; delivered 14 day-long training sessions for local government environmental health officers and 3 day-long training sessions for Department of Health officers; and prepared two separate guidance manuals for local government environmental health officers and Department of Health officers about their powers, functions and duties
• Developed a Guide to the Law for Panel Members to assist members of the nursing profession with fulfilling their statutory obligations during disciplinary conduct hearings. The guide has since been expanded by AHPRA and distributed nationally across the various health professions.  
• Working with the Department of Human Services and the Department of Health to establish the Victorian Comprehensive Cancer Centre alliance, identifying governance framework options.  Our role required us to develop and refine detailed governance and reporting models and systems through extensive consultation with key stakeholders.  
• Assisting hospitals and professional bodies with AHPRA investigations, as well as mandatory reporting obligations, with our support extending to education and training.  
• Successfully acted for councils in prosecuting a large supermarket chains under the Food Act 1984 and providing advice to councils regarding non compliant premises and developing enforcement strategies

Our experience working in the health and allied services sector provides our clients with commercial advice and insights directly relevant to their business needs and long term objectives.

Russell Kennedy advises medical colleges and research institutes on the establishment of facilities, cooperative research agreements, funding, off-shore ventures and the implementation of standard terms.

We assist clients with their day-to-day commercial matters such as the procurement of goods and services, licensing of intellectual property, leasing or property construction requirements.

Intellectual property law is complex and constantly evolving which can create complicated legal and technological consequences for clients. Intellectual property development will usually occur between creators, stakeholders and investors. Russell Kennedy assists clients to negotiate and manage these relationships, taking into account each investment contribution, ownership rights and exposure to risk.

Proactive and risk management-based advice is imperative when advising clients in relation to coronial inquests and other investigations given the expending potential for liability, both civil and criminal. Russell Kennedy has specialist expertise to deal with all types of investigations involving deaths affecting Government Departments, agencies and instrumentalities.

We have the expertise and experience to conduct major investigations and hearings. We also assist clients with smaller, more targeted reviews and investigations, whether conducted internally or by an outside authority.

The investigations cover a wide range of topics, including fraud, theft, unauthorised disclosure of information and other risk management issues. Our involvement has included a thorough review of the investigations, the identification of any issues or shortcomings with the investigations, and the provision of advice to rectify internal procedures and policies to improve the process.

Examples include:

• We have specialist expertise in the area of coronial inquests, having acted for clients who are regularly subject to such investigations.  We also assist the Coroners and have assisted the State Government in reviews of the operation of the Coroners Court.  This means we understand what the process is about and how to achieve sound outcomes which preserve the reputation of people, and minimise the risk of litigation.
• We have acted on behalf of the Department of Human Services in coronial inquests, and other matters.  The inquests have involved deaths occurring in the context of the many Program Areas of the Department including: Child Protection; Disability Services; Mental Health; Juvenile Justice; Forensic Psychiatric Facilities; Forensic Health Services; Aged Care; Public Health; Drugs, Poisons & Controlled Substances. For example, we acted on behalf of the State in the inquest into the fire and deaths at Kew Residential Services.  We represented Forensic Mental Health in the inquests into the deaths of prisoners in the private prisons.  We also acted in the inquests into deaths from methadone overdoses.

Russell Kennedy provides advice in all aspects of workplace relations, including drafting and interpreting employment contracts, enterprise agreements and workplace policies.

We advise on the termination of employment and taking disciplinary action, responding to trade unions, assisting with workplace investigations and advising and representing employers in legal proceedings.

Russell Kennedy’s focus is to identify the legal issues associated with technology rights significant to the business decision making abilities of our clients. Many of our clients are creators and resellers of information technology, including hardware, software and associated goods and services. Others are commercial organisations, local government and government departments who are users of information technology.

We assist clients in all areas of technology law including information technology, intellectual property, e-commerce, privacy and telecommunications.

We advise and act for charitable and not-for-profit health organisations in relation to bequests and bequest programs. This includes representing beneficiaries in contested probate matters and estate litigation.

Changing demographic trends will continue to place pressure on the health sector and require government and private organisations to respond to emerging challenges.

We understand the challenges faced by aged care and community services providers and we support clients to manage the issues they face. Much of our practice is focused on assisting clients with compliance and risk management and when the need arises, helping our clients in dealing with the decisions of regulators.

Our services include:

• sale and purchase of aged care facilities
• acquisition and subdivisions
• management and service arrangements
• structuring advice
• leasing
• planning and infrastructure work for aged care developments
• development negotiation and planning
• management
• marketing and joint venture agreements
• standard form agreements and policies
• securities and finance transactions
• compliance with regulatory requirements