Published: January 18, 2016
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Landmark ACFI Ruling

Russell Kennedy recently acted for an approved provider in an appeal at the Administrative Appeals Tribunal of a decision by the Department of Social Services to downgrade the classification of a number of residents at its facility.

DLW Health Services had conducted pain management program using a contracted registered physiotherapist who would attend the facility around once a week. This physiotherapist would assess all the residents and complete directives and care plans. On the days the physiotherapist was not at the facility, the treatment was physically delivered by a physiotherapy assistant who had obtained a physiotherapy degree in India and was in the process of seeking registration in Australia. The assistant worked under the supervision of the registered physiotherapist in a manner in keeping with the Physiotherapy Code of Practice, which allows for a physiotherapist to delegate certain tasks after assessing the delegatee to be competent to perform those tasks.

Read more:

Russell Kennedy – Landmark Victory: Aged Care Provider Wins over DSS in ACFI Funding Dispute

Administrative Appeals Tribunal of Australia – DLW Health Services Pty Ltd and Secretary, Department of Social Services [2015] AATA 796 (13 October 2015)

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