The Legal And Insurance Review: Managing Serious Incidents in Aged Care and Insurance Implications

The New Aged Care Act (2024) leads and continues to intensify the regulatory and litigation landscape for aged care providers. When serious incidents occur, providers must navigate strict reporting obligations, regulator scrutiny, staff management issues and potential claims from families.

This joint session delivered by Russell Kennedy Lawyers and Lockton Australia will provide senior managers with practical, risk‑focused guidance on managing serious incidents from Serious Incident Response Scheme (SIRS) reporting and investigations through to regulator engagement, staff issues and claims risk, including managing insurable risk when serious incidents occur.

Managing Serious Incidents in Aged Care  

When serious incidents occur, providers must navigate strict reporting obligations, regulatory scrutiny, staff management issues and potential claims from families.

How an organisation responds in the immediate aftermath of an incident can significantly affect regulatory outcomes, legal risk and reputational impact.

Join our aged care team for a practical session on managing serious incidents, from SIRS reporting and internal investigations through to staff issues, regulator engagement and family claims.

Session 1 (75-min): Russell Kennedy Lawyers

Overview: SIRS & Incident Management System obligations

• What constitutes a reportable incident and when to report
• Incident management system obligations Registered Provider and Responsible Person responsibilities
• Legal prospective: Strengthen governance and incident documentation
• Worker training and capability requirements
• Common reporting failures that increase regulatory and insurance risk
• Overview of SIRS (reportable incidents) and incident management system obligations, including worker training requirements
• Time for Q&A

Managing Insurable Risk When Serious Incidents Occur  

Insurance does not operate in isolation from compliance. Identify emerging insurable and uninsurable risks and strengthen governance and incident documentation to reduce claims exposure is an important task under the implementation of the new aged care ACT due to:

• Poor incident handling can escalate regulatory action and claims
• Inadequate reporting, investigation or documentation can limit or void insurance cover
• Senior managers and officers face increased personal accountability for systems, oversight and decisions

Session 2 (45-min): Lockton Australia 

Incident Management as a Claims Risk Trigger: Managing Insurable Risk When Serious Incidents Occur

• The link between reportable incidents, regulator action and insurance notifications
• How investigation failures escalate into uninsured loss
• Managing incidents to demonstrate reasonable care and effective risk management

YOUR PRESENTERS:

Anita Courtney, Aged Care and Home Care Principle, Russell Kennedy Lawyers

Anita is a leading lawyer in aged care who focuses on delivering quality and practical advice to her clients. She assists aged care providers in both home care and residential care to comply with their responsibilities under the Aged Care Act 1997 and its Principles including the Aged Care Quality Standards as well as other relevant laws. Anita regularly assists with responses to the Department of Health and the Aged Care Quality and Safety Commission and has represented providers in the AAT and Federal Court. She also advises on retirement village and disability legislation, manages complex complaints and guardianship matters, and delivers training across the sector. Anita was named Melbourne’s “Lawyer of the Year” in Retirement Villages and Senior Living Law (2025) and has been recognised in Best Lawyers for Health & Aged Care Law since 2020.

Johanna Heaven, Senior Associate Russell Kennedy Lawyers

Johanna practices in the areas of administrative law, litigation, regulatory compliance and risk management, with a focus on health, government and aged care. She assists aged care providers

in both home care and residential care to comply with their responsibilities under the Aged Care Act 1997 and its Principles and assists aged care providers in responding to the Aged Care Quality and Safety Commission. Johanna also represents clients in coronial inquests and Royal Commissions.

Lyle Steffensen, Manager – Industry Strategy & Innovation, Healthcare & Community, Lockton Australia 

With over 25 years of experience in the insurance industry across Australia, New Zealand, and Asia, Lyle possesses a unique and diverse background, having held pivotal leadership roles in both corporate and governmental organisations within the health & community care and insurance sectors.

Lyle is a graduate of the Australian Institute of Company Directors, a Fellow of the Australian & New Zealand Insurance Institute. Her accomplishments include being recognised as an Elite Woman in Insurance (2019-2022), a Top Global 100 Broker (2021), and a recipient of the Insurance Business Hot List (2020-2022).

The content of this webinar is provided for general information only. Lockton arranges the insurance and is not the insurer. While the content contributors have taken reasonable care in compiling the information presented, we do not warrant that the information is correct. The content of this webinar is not intended as a legal commentary or advice and should not be relied on in that way. It is not intended to be interpreted as advice on which you should rely and may not necessarily be suitable for you. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content in this webinar.