John Kelly
Consultant
Phone: (02) 6253 7885
Email: This email address is being protected from spam bots, you need Javascript enabled to view it

John Kelly is a Consultant to Guild Lawyers, a member of the Guild Group, providing legal advice primarily to clients in the health, not for profit and aged care sectors, in the areas of commercial, corporate and competition law, as well as general regulatory compliance and governance advice. Previous to his current appointment, John has been a partner at top 10 law firms for over 10 years, after spending his first 15 years in clinical and senior management positions in health care.

Chair and Board experience

John has sat on commercial, not for profit, and government Boards for the past 20 years holding both Chairman and director roles. He is currently Chairman of The Smith Family and sits on a number of health related and government Boards and Committees. John holds an Adjunct Professorial position in the Faculty of Nursing, Midwifery & Health at the University of Technology as well as an Adjunct Associate Professorial role in the Faculty of Nursing & Midwifery at the University of Sydney. John has facilitated numerous workshops and forums over the past 20 years primarily with a problem solving or educational focus. He has published widely in the relevant professional literature on management and legal issues.

Expertise

Governance, risk management and strategic processes

John has (1999 - 2007) coordinated and led consortia undertaking the following projects:

• advising the Health Department of Western Australia on the governance and restructuring issues for the Metropolitan Health Services after abolition of the Metropolitan Health Services Board
• establishing the new governance structure for The Smith Family including supporting legal documentation and training for Board Members and Executive Staff
• drafted the documentation for the National Coalition of Public Pathology Inc. for their new governance structure
• assisted the Board of Directors of Anglican Homes Inc. (WA) on their governance framework
• development of a national standard, organisational support package and communications plan on Credentials and Clinical Privileges of medical practitioners for the Commonwealth Department of Health and Ageing
• consultancy to develop options and costings for a National Haemovigilence Scheme and reporting adverse transfusion events for the Commonwealth Department of Health and Ageing
• analysis of the Australian pathology industry for the Commonwealth Department of Health & Ageing
• an evaluation of the Australian pathology laboratory accreditation arrangements for the Commonwealth Department of Health and Ageing
• assisting YMCA of Perth Inc. on their new governance model including documentation and training
  

Aged Care

• structures for investing in and developing facilities - alternative finance models including managed investment structures
• corporate governance issues for boards of directors and senior executives
• procedural fairness issues as applied to dispute processes
• regulatory advice on the Retirement Villages Act in each jurisdiction
• regulatory advice on the Aged Care Act and Principles (including natural justice processes)
• complaints resolution processes - drafting principles, providing guidance
• complaints by residents - responding to complaints, preparing for applications to Tribunals and courts
• quality and safety compliance issues
• workplace relations matters in operation of facilities
• advising on operational aspects of facilities
• acquisition and disposal of facilities
• drafting resident agreements
• enforcing resident agreements
• review of contracts
• administrative law advice
• acting for operators in tribunals and courts
• planning advice for the development of new facilities
• reviewing and preparing finance documents
• taxation advice relating to operation and development of facilities for non profit health providers

Commercial Health

• acquisition and disposal of assets
• due diligence
• compliance with the Trade Practices Act, including authorisation applications
• corporate governance issues
• incorporation of new legal entities and joint venture vehicles
• health fund regulatory frameworks
• operational advice for managers of healthcare facilities
• privacy issues specific to healthcare facilities
• drafting and negotiation of agreements
• prosthetic regulatory framework advice
• administrative law advice including appearing for and advising managers of obligations.
• tender preparation and probity issues
• coronial inquiries