Penelope Eden
Partner, Brisbane
I lead MinterEllison’s national Aged Care practice. Having worked exclusively in the health, ageing and human services sectors for over 20 years, I utilise my understanding and experience of having worked in the clinical area as a registered nurse to provide practical, timely outcome-focused solutions to legal problems.

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.