Russell Kennedy Principal Victor Harcourt provides information about the legal issues in crisis management.

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Legal Issues
in Crisis
Management
Tuesday 24 May 2016
Victor Harcourt, Principal

2. > Fires and deaths
> Salmonella poisoning
> Resident homicide
> Immediate and severe risk to health,
safety or well-being of residents
Legal Issues in a Crisis
2

3. > Regulators
> Notification
> Powers of investigation
> Conduct of the investigation
One Hour Priority
3

4. > Which regulators need to be notified?
> What are the regulator’s powers?
> Is the investigation being properly
conducted?
> Are the documents being handed over
within scope?
> Should any claims for privilege be
made?
One Hour Checklist
4

5. > Document management
> Privilege against self-incrimination
> Record of the incident and
investigation
> No conversation is “off the record”
> Establish a Steering Committee
One Day Priority
5

6. > What documents need to be
preserved?
> Should any witness be warned about
the privilege against self-incrimination?
> Who should be on the Steering
Committee?
> Who is logging events?
One Day Checklist
6

7. > Internal Investigation Team
> Potential witnesses
> Issues to be aware of
> Legal Professional Privilege
> Witness management
> Notification to insurer of potential claim
One Week Priority
7

8. > Who should be on the investigation
team?
> What legal issues training is needed?
> Should you obtain legal advice?
> Should your lawyers engage external
consultants?
> Keep witnesses informed about legal
issues
One Week Checklist
8

9. > Liability risk assessment
> Litigation strategy
> Implementing reforms
> Employment issues
> Notification to regulators
One Month Priority
9

10. > Do you need to admit error and
reform?
> Or, do you need to defend your
conduct?
> Do you need to discipline staff or
report the conduct of any to AHPRA?
One Month Checklist
10

11. > Audit of legal responsibilities and
compare to policies, procedures and
training
> Management Plan for Crisis
> Legal representation and conflict of
interest Policy
Preparation
11

12. > Training and education of staff:
> Powers of the regulators
> Dealing with evidence
> Being a “witness”
> Purpose and nature of a debrief
> Learn from Decisions and Findings
Preparation
12

13. > Recommendations and findings of any
legal investigation or proceeding
> Review
> Implement
> Monitor
> Communications internal / external
> Support for staff and other affected
people
In the end…
13

14. In Summary
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One Hour Dealing with the regulator
One Day Document and witness management
One Week Investigation management
One Month Litigation strategy
In the end Learning from the crisis

15. The information contained in this
presentation is intended as general
commentary and should not be regarded as
legal advice. Should you require specific
advice on the topics or areas discussed
please contact the presenter directly.
Disclaimer
15

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