My direct industry experience provides me with an intimate understanding of emerging sector trends, key drivers of government policy and the day-to-day issues facing operators of health, aged care and disability services. I provide a broad range of regulatory and commercial advice to private, listed and not-for-profit operators. My clients also include insurers and public and private healthcare operators.

My broad experience across the health and human services sector extends to the provision of advice on a range of industry specific issues including regulatory compliance, risk management following major clinical or service related events, managing complaints involving industry regulators, advising on accreditation issues, drafting resident agreements, advising on security of tenure and all aspects of clinical governance.

I have a background as a litigator and have appeared in all courts and tribunals in a range of civil proceedings and appeals. I have appeared in high-profile coronial inquests (both as instructing solicitor and advocate), undertaken prosecutions under the Justices Act and acted for defendants in a range of alternative dispute resolution forums.

I am widely regarded as a leading advisor to the aged care and human services sectors and regularly speak at industry events and to boards of both listed and not-for-profit providers.

Career highlights

• Lead Partner acting for a range of private and not-for-profit clients in the Royal Commission into Aged Care Quality and Safety and in the Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability
• Advising a range of disability and aged care operators on quality and safeguarding obligations, funding and operational issues following introduction of the NDIS, managing and responding to complaints and critical incident response, drafting policies and procedures, preparation of supported accommodation and funding agreements (pre and post-reform). Advising on accreditation issues/outcomes, quality improvement and regulatory compliance.
• Seconded to Queensland Health during the Queensland Public Hospitals Commission of Inquiry, working closely with staff across several districts and providing on-the-ground legal advice to staff required to appear before the Inquiry
• Engaged to act on behalf of three Queensland Health employees in the Queensland Health Payroll System Commission of Inquiry
• Conducted many complex medico-legal claims and personal injury actions for operators, including trials, coronial inquests and prosecutions in the Supreme Court and District Court of Queensland
• Coordinated and advised on state-wide patient recalls following the failure of medical devices and the use of equipment exposing patients to infection risks, as well as Therapeutic Goods Administration recalls
• Acted for a medical products manufacturer in high-profile class action litigation
• Listed in the 2018 - 2020 editions of Best Lawyers for Health and Aged Care Law, Medical Negligence, Personal Injury Litigation and Insurance Law.

Education
LLB, Certificate of Nursing

• Restrictions for Queensland Care Workers Based on COVID-19 Vaccination Status

  By Penelope Eden, Michael Thomas, Nicole Morgan |August 2021

• Restrictions for Queensland Care Workers Based on COVID-19 Vaccination Status

  By Penelope Eden, Michael Thomas, Nicole Morgan |August 2021

• Mandatory vaccination requirements in residential aged care
  

  It is now a requirement that all workers in residential aged care – across all jurisdictions – be fully vaccinated. We provide a checklist to assist you in navigating the continuing changes to the State Directions.

   

• Royal Commission into Aged Care Quality & Safety: Melbourne Hearing 2
  

  Last week, the Royal Commission into Aged Care Quality and Safety (Royal Commission) held its Melbourne Hearing 2 from 7-11 October 2019.

  It inquired into diversity in aged care, including culturally and linguistically diverse people, LGBTI groups, Aboriginal and/or Torres Strait Islander people, care leavers, veterans, and the homeless or those at risk of homelessness. Here, we summarise the activities of each day.

• Update on Exposure Draft Aged Care Legislation Amendment (Governance and Reporting for Approved Providers) Principles
  

  On 31 October 2022, the Department of Health and Aged Care published an exposure draft of the Aged Care Legislation Amendment (Governance and Reporting for Approved Providers) Principles 2022 (Cth).

• Keeping pace with the rapid developments in aged care during a COVID-19 pandemic
  

  The public health emergency created by the COVID-19 pandemic has had a particularly devastating impact on elderly Australians and those living in residential aged care. Government policy and regulation in this area continues to evolve, particularly in Victoria.

• Royal Commission into Aged Care Quality & Safety: Brisbane Hearing
  

  Last week, the Royal Commission into Aged Care Quality and Safety (Royal Commission) held its Brisbane hearing from 5-9 August.

  It inquired into the regulation of aged care, with a focus on quality and safety and how aspects of the current regulatory system operate. Here, we summarise the activities of each day.

• Restrictions for Queensland care workers based on COVID-19 vaccination status
  

  A new public health direction in Queensland is one of the first in Australia to place differing restrictions on people based on their vaccination status – and could set a precedent for other jurisdictions.

• Update: Royal Commission into Aged Care Quality & Safety
  

  2019 is set to be a significant year for the aged care industry. With the Royal Commission into Aged Care Quality and Safety shining a spotlight on the sector, it's critical for all approved providers to be across the details.

   

• ACCC scrutiny in the aged care sector over Australian Consumer Law breach
  

  Off the back of recent ACCC proceedings in the aged care sector, there are a number of steps that businesses with vulnerable consumers can take to protect their consumers and therefore reduce the risks of contravening the Australian Consumer Law.

• Aged Care Regulatory Bulletin: Infringement Notices
  

  ACQSC's recent Regulatory Bulletin provides greater insight into their scope of regulatory powers and their approach to managing provider noncompliance.

• ACQSC Report | Lessons learned from COVID-19 outbreaks in Victoria
  

  The Aged Care Quality and Safety Commission's new report discusses lessons learned from residential aged care services in Victoria that experienced COVID-19 outbreaks. We discuss the common themes, challenges and learnings.

   

• Royal Commission into Aged Care Quality and Safety - one year on
  

  One year since the Aged Care Royal Commission released its final recommendations, we reflect on progress made and the shape of things to come.

• Far-reaching impacts advising clients in the human services sector
  

  The human services sector plays a vital role in the health and wellbeing of many Australians. MinterEllison takes great pride in supporting a range of clients in this sector, who are all highly committed to the service of helping people; something which is strongly aligned with our Purpose and cultural values.

   

• 2024/25 Health and Human Services Budget update
  

  A high-level overview of the key take-outs for Human Services from the Albanese Government’s 2024-2025 Federal Budget.

• New Queensland Mandatory COVID-19 Vaccination Requirements
  

  The Queensland Government is in the process of implementing mandatory vaccination requirements for workers in Schools, Kindergartens and Childcare Centres.

• Home Care Package Programs Assurance Report released
  

  The Department of Health and Aged Care provides clarity to approved providers around the use of health care package funds.

• The Aged Care Bill 2024 – The Rules
  

  To accompany the Aged Care Bill 2024 (Cth), the Government is preparing Rules to replace the current 14 subordinate principles.

• Aged Care Alert | Draft National Strategy for the Care and Support Economy
  

  On 28 May 2023, the Department of Prime Minister and Cabinet (Department) released the Draft National Strategy for the Care and Support Economy (Draft Strategy).

• Upcoming changes to the NDIS
  

  To ensure that the NDIS is able to meet its original intent of placing people with disability at the heart of the scheme while ensuring a sustainable NDIS, Parliament recently passed the National Disability Insurance Scheme Amendment (Getting the NDIS Back on Track No. 1) Bill 2024 (Cth) (Bill)

• Royal Commission into Aged Care Quality & Safety: Adelaide hearings and witness list
  

  The public hearing scheduled for Monday 11 February to Wednesday 13 February examined the key features of the aged care quality, safety and complaints system as it operated prior to 1 January 2019. Here, we summarise the activities of each day.

• Disability Royal Commission Interim Report: The start of the journey
  

  The Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability has released its interim report. We discuss the emerging themes and key issues.

• Royal Commission into Aged Care Quality & Safety: Adelaide hearing 2
  

  The Royal Commission into Aged Care Quality and Safety held its second Adelaide hearing this week, the focus of which was on home care services. Here, we summarise the activities of each day.

• NDIS Bill introduced into Parliament
  

  The Bill is the first of several legislative changes proposed in response to the final report by the 2023 Independent Review into the NDIS. We outline the key components of the Bill.

   

• Aged care update: Provider operations reporting
  

  As part of the recent aged care governance reforms introduced by the Aged Care and Other Legislation Amendment (Royal Commission Response) Act 2022 (Cth), approved providers are required to submit an annual statement addressing their compliance with their approved provider obligations and responsibilities.

  
  
• The proposed Aged Care Code of Conduct
  

  The Department of Health and Aged Care (Department) has published an exposure draft of the proposed Aged Care Code of Conduct (Code).

• Special Report: Aged Care and COVID-19
  

  In a special report on COVID-19, the Royal Commission into Aged Care Quality and Safety has called for immediate action from the Australian Government across four key areas to support the aged care sector. Our team discusses the recommendations and actions for the aged care sector.

• Royal Commission into Aged Care Quality & Safety: Canberra Hearing
  Last week, the Royal Commission into Aged Care Quality and Safety (Royal Commission) held its Canberra hearing from 9-13 December 2019. It inquired into the interfaces between the aged care system and the health care system, including both Commonwealth and state/territory programs. It also examined whether older people, particularly those living in residential aged care facilities, are able to access the health services they need as they age. Here, we summarise the activities of each day.
• Serious Incident Response Scheme: New mandatory reporting requirements for Aged Care providers
  

  We discuss the amended Aged Care Act 1997 (Cth) and what it means for aged care providers.

   

• NDIS Review 'What We Have Heard' Report
  

  On 30 June 2023, the Independent NDIS Review Panel released its 'What We Have Heard' Report.

• Royal Commission into Aged Care Quality and Safety - Broome Hearing
  This week, the Royal Commission into Aged Care Quality and Safety (Royal Commission) held its Broome hearing from 17-19 June. Its focus was on the quality and safety of residential aged care, with a particular emphasis on care for Aboriginal and Torres Strait Islander people and the barriers to accessing aged care for people in remote areas. Here, we summarise the activities of each day.
• Enabling innovation in health and aged care
  

  Every day, we're seeing exciting progress in terms of what technology can do for the health & ageing sector.

• Aged Care Sector Reforms – A snapshot of the current and emerging regulatory landscape.
  

  It has been just over six months since the Government introduced two key pieces of aged care legislation to Parliament: the Aged Care and Other Legislation Amendment (Royal Commission Response) Bill 2022 and the Aged Care Amendment Implementing Care Reform) Bill 2022. These two bills, addressed 19 recommendations from the Final Report of the Royal Commission and set in motion a period of intense regulatory and legislative change for the sector.

• Royal Commission into Aged Care Quality & Safety: Darwin Hearing
  

  Last week, the Royal Commission into Aged Care Quality and Safety (Royal Commission) held its Darwin hearings from 8-12 July.

  Its focus was on various aspects of care in residential, home and flexible aged care programs, rural and regional services delivery of aged care and the quality of life for people receiving aged care. Here, we summarise the activities of each day.

• The aged care revolution
  

  Australia’s aged care sector is transforming as demographic and technological changes combine with a new focus by government on giving older people more autonomy over their care.

• October Budget 2022/23 Update – Human Services
  

  On Tuesday 25th October 2022, the Albanese Government unveiled its plan to target cost of living relief, investment in a 'stronger, more resilient, more modern economy' and begins 'the hard yards of Budget repair'. It was promised to deliver on the Government's commitment to 'better access to health care, cheaper medicines, and a better standard of aged care'.

• Changes to Commonwealth Home Support Programme Manual 2024-25
  

  The Department of Health and Aged Care has released its 'restructured and streamlined' Commonwealth Home Support Programme Manual 2024-25.

• Independent Review of COVID-19 outbreaks at St Basils and Epping Gardens
  

  The Commonwealth Department of Health released an independent report which inquired into the COVID-19 outbreaks at St Basil's Home for the Aged and Heritage Care Epping Gardens in Victoria. These Facilities suffered significant COVID-19 outbreaks in the early stages of Victoria's second wave of COVID-19 infections. The Report provides some key takeaways for Approved Providers for managing and containing a significant outbreak.

• Taskforce into NDIS provider registrations recommendations released
  

  On 2 August 2024, the 'NDIS Provider and Worker Registration Taskforce' (Taskforce) published its final advice.

• Disability Royal Commission Public Hearing Report – Experiences of people with disability during COVID-19
  

  The Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability has published a Public Hearing Report on the experiences of people with disability during the COVID-19 pandemic. Our team discusses its findings, recommendations and the potential implications for the Disability sector.

   

• Release of the Final Report of the NDIS Review
  

  The NDIS Review have published its final report, following its year-long evaluation. We discuss the Report key themes and implications.

• Aged Care Royal Commission | A conversation with the Hon. Greg Hunt MP, Minister for Health and Aged Care
  

  Our national aged care , Penelope Eden, sat down with the Hon. Greg Hunt MP, Minister for Health and Aged Care, to discuss the federal government's perspective and priorities following the Aged Care Royal Commission's final report.

• Release of the Final Report of the Aged Care Taskforce
  

  The Aged Care Taskforce has released its Final Report, delivering 23 recommendations to support an equitable, financially sound and sustainable sector. We provide a high level overview of the report and its impact on the reform journey ahead.

• The Aged Care Bill 2024 – An Overview
  

  A summary of the key changes and impact of the Bill on the aged care sector.

• Royal Commission into Aged Care Quality & Safety: Hobart Hearing
  This week, the Royal Commission into Aged Care Quality and Safety (Royal Commission) held its Hobart hearing from 11-15 November 2019. It inquired into the operations of selected Approved Providers that operate residential aged care facilities in Tasmania and elsewhere in Australia. Here, we summarise the activities of each day.
• Update on the Inspector-General of Aged Care
  

  The Inspector-General of Aged Care Bill 2023 (I-G Bill) and Inspector-General of Aged Care (Consequential and Transitional Provisions) Bill 2023 (Transition Bill) were introduced to Parliament on 22 March 2023.

• New Aged Care Act introduced to parliament
  

  The Federal Government will introduce the new Aged Care Act into the House of Representatives, having achieved bipartisan support.

• Royal Commission into Aged Care Quality & Safety: Second week of Adelaide hearings
  

  The second week of public hearings scheduled from Monday 18 February to Friday 22 February examined the key features of the aged care quality, safety and complaints system as it operated prior to 1 January 2019. Here, we summarise the activities of each day.

• Royal Commission into Aged Care Quality and Safety: Sydney Hearing Week 2
  

  Last week, the Royal Commission into Aged Care Quality and Safety held its second Sydney hearing week. Its focus was on the quality and safety of residential aged care, with a particular emphasis on care for people with dementia.

  Here, we summarise the activities of each day.

• Government childcare stimulus package explained
  

  The Australian Government's stimulus package announced on 2 April, supports the viability of the early childhood education and care sector and ensures that children of essential workers and vulnerable and disadvantaged children are able to access care during the COVID-19 pandemic.

• Disability Alert NDIS Review Update
  

  The Commonwealth Government has announced a Review of the NDIS (the Review). The Review is occurring in response to financial forecasts which projected the annual cost of the NDIS would surpass $50 billion by 2025-26. In line with this forecast, the Honourable Bill Shorten MP revealed the 2022-23 Budget will also show a projected $8.8 billion increase in spending on the NDIS over the next four years.

   

• Federal Budget update | Aged Care, Disability and Healthcare
  

  The federal government has unveiled its plan for guaranteeing essential services, with record spending and investment in aged care, mental health and disability. We explore the key takeaways from the Federal Budget announcement.

• Practical tips to prepare for the Royal Commission into Aged Care Quality and Safety
  

  On Sunday 16 September 2018, the Prime Minster of Australia announced a Royal Commission into Aged Care Quality and Safety.

  The Terms of Reference are yet to be released, but this is a good time to start thinking about some of the very practical steps you can be taking to position yourselves for the journey ahead.

• Royal Commission into Aged Care Quality & Safety: Cairns Hearing
  

  Last week, the Royal Commission into Aged Care Quality and Safety (Royal Commission) held its Cairns hearings from 15-17 July.

  Its focus was on the various aspects of care in residential, home and flexible aged care programs, rural and regional services delivery of aged care and the quality of life for people receiving aged care. Here, we summarise the activities of each day.

• WorkSafe charges St Basil's Home for the Aged under the Occupational Health and Safety Act
  

  WorkSafe Victoria has charged St Basil's Home for the Aged (Victoria) with work health and safety breaches in relation to the COVID-19 outbreak at the facility in 2020.

• Disability Royal Commission: Terms of Reference released
  

  Following the announcement of 5 April 2019 by the Prime Minster, Scott Morrison, of the Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability, the Terms of Reference and Commissioners have now been announced.

• COVID-19 in aged care: A human rights approach
  

  The concept of a human rights approach to the aged care is not a new one – but it has been brought into sharp focus during the COVID-19 pandemic. We discuss what this means for aged care providers against the backdrop of the Royal Commission into Aged Care Quality and Safety in Australia, taking lessons from similar experiences in the United Kingdom.

• Supporting Australians living with disability during COVID-19
  The public health emergency created by COVID-19 has changed the way all Australians live their lives. Adjusting to social distancing and home confinement as our 'new normal' will be especially challenging for some parts of the community.
• Royal Commission into Aged Care Quality & Safety: Mildura hearing
  This week, the Royal Commission into Aged Care Quality and Safety (Royal Commission) held its Mildura hearings from 29-31 July. Its focus was on the needs of family, informal and unpaid carers for older Australians, including support services for carers and respite care. Here, we summarise the activities of each day.
• Four lessons for aged care from financial services
  

  The aged care and financial services sectors have both recently been through Royal Commissions. And while there are many differences between the two sectors, there are also some key similarities. Based on our experience in both aged care and financial services, our multi-disciplinary team has identified key lessons for the aged care sector to take forward.

   

• Home Care Package subsidies increase to accommodate Aged Care wage rise
  

  Effective July 2023, Australia boosts Home Care Package subsidies by 11.9% to address the wage increase of aged care workers.

• Aged care extra services under ACCC spotlight. Insights into the Bupa case
  

  After Bupa Aged Care Australia Pty Ltd self-reported false or mising representations made to residents of its residential aged care facilities to the Australian Competition and Consumer Commission, the Federal Court of Australia has ordered Bupa pay $6 million in pecuniary penalties and pay compensation to affected residents.

   

• Government Response to Royal Commission Report on Disability
  

  Key takeaways from the Government’s Response for providers in the disability sector.

   

• Aged Care Royal Commission's Final Report | Implications and impact
  

  What do the Aged Care Royal Commission's 148 recommendations mean for the sector? Our team explores the recommendations - looking at governance, quality and safety, the workforce, funding and financing - and explains what you can do now to prepare for the sector's transformational journey.

• 2020 Federal Budget Update: Aged Care and Disability
  

  Following one of the most anticipated Federal Budget announcements of our time, our team explores the key details affecting the aged care, disability and healthcare sectors.

• A new era of governance for aged care providers?
  

  Board composition requirements for aged care providers are set to become law on 1 March 2022. What should organisations be doing to prepare? How can they use this opportunity to make meaningful and long term change?

• Aged Care | Government's response to Royal Commission recommendations
  

  The Government's response to the Aged Care Royal Commission, accompanied by a $17.7 billion funding package, signals a long-term reform focus that will underpin significant structural change to the aged care sector. We clarify which of the recommendations have been accepted and provide more detail about what that means for you.

   

   

• Places to People: Place allocation for residential aged care
  

  The Department of Health and Aged Care has published further guidance on its new approach to the provision of residential aged care places, 'Places to People'.

• Changes to telehealth: what you need to know
  

  Ahpra's new Telehealth Guidelines will come into effect on 1 September 2023. The Guidelines will change when and how doctors can provide telehealth consultations.

• Ongoing reforms of the regulation of quality in aged care
  

  The Government is in the process of considering and implementing updates to the monitoring of care and services in aged care, through updates to the Aged Care Quality Standards (Updated Standards) and Quality Performance Indicators (QPI).

• Aged Care: Home Care Update
  

  On 18 October 2022, the Department published 'A New Program for In-Home Aged Care Discussion Paper ' (Discussion Paper) which sets out a proposed structure for the new In-Home Aged Care Program and seeks feedback by 25 November 2022. Since the Aged Care and Other Legislation Amendment (Royal Commission Response No. 1) Act 2021 (Cth) came into effect in July 2021, the Department has now completed its first round of home care assurance reviews.

• Reimagining governance in aged care
  

  Governance is a key priority for aged care providers. Facing a Bill that sets out new governance obligations, organisations have a lot of work ahead to ensure they are compliant. In our new podcast episode, we explore some of the key issues to address.

• COVID-19: Directions for aged care operators
  

  The Commonwealth, State and Territory governments have placed restrictions on visiting residential aged care facilities in order to protect residents from contracting or coming into contact with COVID-19, a move that will prove critical in managing the health and safety of residents as we also confront the imminent influenza season.

• A post-Royal Commission world: 8 factors that will shift the dynamics of the aged care sector
  

  Will unlocking capital, divestments and vertical integration be key to the future viability of the aged care sector?

   

• 2023/24 Health & Human Services Budget update
  

  On 9 May 2023, the Albanese Government unveiled its plan to tackle rising cost of living through a Budget that is 'responsible and affordable' and delivers measures designed to support affordable and reliable healthcare, create a 'strong, sustainable care economy' and invest significantly in an increase in wages for aged care workers.

• Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability | Final Report
  

  The Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability has published its Final Report, making 222 Recommendations and outlining its vision for an inclusive Australia.

• Empowering ageing with dignity: Minister's bold vision to revolutionise aged care
  

  On 7 June 2023, the Minister for Aged Care, The Hon. Anika Wells MP, addressed the National Press Club of Australia to 'present her vision for aged care and why bold ambition is needed to continue restoring the dignity of older Australians.'

• The Australian Aged Care Sector: Opportunity ahead?
  

  A blueprint for the future of Australia's aged care sector is taking shape, promising greater regulatory clarity for investors.

• National Disability Insurance Scheme supports lists released
  

  Following public consultation, the updated NDIS supports lists detailing participant funding uses have been released, effective from 3 October 2024.

• Royal Commission into Aged Care Quality & Safety: Perth Hearing
  

  Last week, the Royal Commission into Aged Care Quality and Safety (Royal Commission) held its Perth hearing from 24-28 June.

  Its focus was on person-centred aged care, specifically how aged care services can be delivered in a manner that values identity, experience and autonomy of the person accessing care. Here, we summarise the activities of each day.

• Regulatory compliance in a COVID-19 crisis: aged care
  

  The aged care sector continues to face significant and evolving challenges as it responds to the public health emergency posed by COVID-19.

• Royal Commission into Aged Care Quality & Safety: Melbourne Hearing 3
  

  Last week, the Royal Commission into Aged Care Quality and Safety (Royal Commission) held its Melbourne Hearing 3 from 14-18 October 2019.

  It inquired into the aged care workforce, with a focus on how to enhance capacity and how to make the aged care sector a more attractive and rewarding place to work. Here, we summarise the activities of each day.

• Exposure Draft of the new Aged Care Act released
  

  We overview the new Aged Care Act key features and how aged care providers can take an active role in the reform journey.

• The New Aged Care Act: An overview
  

  We provide an overview of the New Aged Care Act and some of the impacts it may have on aged care and retirement living providers.