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ACT Ombudsman Facebook page goes live!
Last year many of you attended our Workplace Reportable Conduct & Child Protection Obligations Seminar where we discussed: what is covered by the scheme in …
Whistleblower Protections
Does Your Company Have a Policy? From 1 July 2019, the Treasury Laws Amendment (Enhancing Whistleblower Protections) Bill 2019 (Cth) takes effect. These changes impact …
Pranks and Allegations of Sexual Harassment
Pranks and allegations of sexual harassment Sexual harassment allegations in the workplace are dealt with under Commonwealth and Territory legislation. Sexual harassment occurs when a …
What is Probity all about?
Whilst probity is not an exciting topic, it is a very important one and should be considered when undertaking any procurement process. As government agencies …
Disclosure Requirements for Real Estate Agents
Connections and relationships are formed in the property sector all the time. It is part of regular practice for those working in the real estate …
12 Months of Enforcement – The Trials and Tribulations of the GDPR
The European General Data Protection Regulation (GDPR) came into force on 25 May 2018. We have now seen 12 months since the commencement of the …
1 July 2019 – What’s new in the law?
There are many changes to the laws and regulations commencing over the next 6 months. Here we summarise some of those key changes: PROPERTY Some …
Buying off-the-plan
Things are changing in NSW… Buying off the plan can be an exciting time for a homeowner or investor. The shiny brochures always promise so …
Stop Orders
When you can’t use them, use by volunteers, PLUS the need to demonstrate real bullying Under the Fair Work Act 2009 (Cth), an employee who …
Fair Work Commission Decisions on Reasonable Management Action
Reasonable management action refers to performance management or a disciplinary process that is carried out fairly, transparently and justly. As an employer, you have the …
It’s not just athletes that need training; do you have a Member Protection Policy?
Sports Australia maintains that sporting organisations have an obligation to ensure that their sport “is safe, fair and inclusive for everyone involved”. A member protection …
Do I need a Will?
Do I need a will? YES! The answer is always yes! In every estate planning article you will ever read, the answer will be yes. …
AGM Planning
Think it’s too early to plan for your organisation’s AGM? Think again. Many of the tasks required to properly plan for and hold an Annual …
READY FOR (LAND) TAX TIME?
Land Tax Liability Amendments The Land Tax Act 2004 (ACT) (the Act) was amended last year, resulting in many more home owners being liable for …
What will the new Morrison government mean for privacy?
Earlier this year, the then Communications Minister Mitch Fifield unveiled plans to amend and update the Privacy Act 1988 (the Act). The focus of the …
Unfair contracts – business to business
Unfair contracts legislation has now been in place for two and a half years. Only a Court can determine whether a contract term is unfair …
Work in sport? Do you know about the Sporting Organisations Award 2010?
If you work in sport in Australia, you are probably covered by the Sporting Organisations Award 2010, unless of course your workplace has an enterprise …
Winding up a charity
Before a charity is wound up there are several compliance activities that must occur with the Australian Charities and Not-for-Profits Commission (ACNC), including lodging the …
More on force majeure clauses
Many businesses will routinely enter into a contract which contains a “force majeure” clause. However, many may not know that the purpose of a force …
Restraint of Trade
Restraints of trade are routinely included in employment contracts (and often independent contractor agreements) to protect an employer’s trade secrets, confidential information, customer connections and staff connections …
Electoral spending
Changes to the Electoral Act 1918 (Cth) now require charities that spend money to influence voters in a federal election to register and report expenditure …
Foreign Influence Registration Scheme
The Foreign Influence Transparency Scheme commenced on 10 December 2018 with the enactment of the Foreign Influence Transparency Scheme Act 2018 (Cth). As stated in …
Employees and medical certificates – case update
When it comes to employee sick leave, we are regularly asked the following two questions: When can an employer compel an employee to obtain a …
Running a business? Check your registration
Running a business? Check your registered details are current It is not only charities that should check their registrations reflect their current details; businesses should …
Charity Listing with the ACNC
Throughout the year we assist clients with their corporate governance and regulatory compliance. The Australian Charities and Not-for-profits Commission (ACNC) has imposed new obligations on …
AGIS: Workplace standards for identifying and evaluating breaches
Workplace investigations undertaken by a Government agency must be conducted in accordance with the Australian Government Investigation Standards 2011 (AGIS). The standards were developed in …
New Procurement Rules for the Commonwealth
New Commonwealth Procurement Rules (CPR) were released by the Department of Finance on 20 April 2019. These new CPRs apply for any new procurement from …
63rd Commission on the Status of Women
Last month I was fortunate enough to attend the 63rd Commission on the Status of Women, or CSW63, at the United Nations in New York. …
Through to the keeper: Do you know your sporting organisation’s privacy obligations?
Despite being 30 years old, organisations can still be confused about their obligations under the Privacy Act 1988 (Cth) (Privacy Act). Whether the Privacy Act even applies …
Employers Obligations and Job Applicants
Metro North Hospital and Health Service has been ordered to pay former Queensland Assistant Health Minister Dr Christopher Davis, $1.45 million for a contravention of …
Reinstatement Orders After Dismissal
The Fair Work Commission has ordered the reinstatement of a teacher terminated by her employer, after the teacher gave a child with allergies a chocolate. …
Tips for Buying Off-the-Plan Property
Problems with property development have been a hot topic the last six months, and an issue we do not expect will go away anytime soon. …
Culture and Corporate Governance
It would be remiss of us to not mention the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry, which has consumed …
ACTPLA loses bid to revoke development approval
The ACT Planning and Land Authority has lost a case in the ACT Supreme Court where the Applicant, Capital Recycling Solutions, sought an order that …
ACNC Governance Standard 4 – Suitability of Responsible Persons
A “Responsible Person” is a person that is responsible for governing a charity, for example a member of the board or committee or trustee of …
Sport Integrity Australia – A New and Unified Approach to Tackling Threats to Australian Sport
The Federal Government has recently established a national sports integrity commission to act as a single platform for coordinating Australia’s response to sport integrity threats …
Safer Internet Day 2019
Griffin Legal is a proud supporter of Safe Internet Day. From cyberbullying to social networking, each year Safer Internet Day aims to raise awareness of …
Secure Local Jobs Code – Code Certificates
The Secure Local Jobs Code commenced on 15 January 2019. The Code applies to those in construction, cleaning, security and traffic management services undertaking or …
Flexible Working Arrangements – Changes Commencing 1 December 2018
If you employ staff under Modern Awards you should read this article as there are important changes coming into effect on 1 December 2018 as …
Health Sector Data Breach Review– Leading the Pack in Data Breach Reports
The Office of the Australian Information Commissioner (OAIC) has been producing quarterly statistics of data breach reports since the Mandatory Data Breach Reporting regime came …
A Domain by Any Other Name: Protecting Your Domain from Casual Hijackers
For most businesses its website and email systems are its life blood. These can both be compromised if you lose control of your domain name, …
10 Days for Complaints Under the New Government Procurement (Judicial Review) ACT 2018
In mid-2017 we wrote about the proposed Government Procurement (Judicial Review) Bill 2017. It was finally passed in October 2018 with the key elements of …
Employment Law Series – Recruitment and Discrimination – Case Update
Many employers operate under the misunderstanding that workplace discrimination laws only apply when considering the interests of those who are current employees. However, the following …
The Fair Work Commission Performance Overview 2018, Must Read For All Employers
The Fair Work Commission publishes an annual report outlining the Fair Work Commissions performance for the financial year. Check out below the key stats: Unfair …
Employment Law Series: Do Your Work Policies Address Sexual Harassment?
Did you know that 71% of Australians have been sexually harassed at some point in their lifetime, of which 33% occurred at work in the …
Employment Law Series: Domestic Violence Leave And Termination For Being A Perpetrator
Overview The Fair Work Commission has updated all industry and occupation Awards, whereby all employees covered by a Modern Award (including part-time and casual employees), …
Cyber Bullying and How It Affects You or Your Business
20% of Australians have experienced image based abuse! Did you know that? Very few people are aware that s474.17 of Criminal Code Act 1995 (Cth) …
Employment Law Series: Social Media Case Update
The issue of social media in the employment context is at the forefront of employment law issues presently. It is a grey area. Today, we …
Beyond Potato Salad: Crowd Sourced Equity Fundraising for Pty Ltd Companies
The power of crowd sourcing is undeniable. From the ridiculous, $55,492 raised to make a potato salad , to the nostalgic, saving of the iconic …
Employment Law Series: Sexual harassment and #metoo – case update
Overview A number of Unfair Dismissal decisions before the FWC this year confirm that the #MeToo movement is gaining traction in Australia, with employers beginning …
AGED CARE ROYAL COMMISSION – The terms of reference and what they mean
On 8 October 2018, the Governor-General signed off on the Letters Patent establishing the Royal Commission into aged care, available here. This Royal Commission is …
Employment Law Series: Disputes arising from employment termination – Unfair dismissal
As we all know, often termination is challenging and if not handled delicately can result in a dispute. The common disputes that arise out of …
The ACT’s Reportable Conduct Scheme – The role of the Employer in the investigation process
If the reportable conduct scheme applies to your organisation in the ACT, you have a mandatory obligation to respond to reportable allegations. Below we have …
Employment Law Series: Disputes arising from employment termination – general protection claims & adverse action
As we all know, often termination is challenging and if not handled delicately can result in a dispute. The common disputes that arise out of …
Employment Law Series: Ending Employment – Serious Misconduct
It is fair for an employer to dismiss an employee without notice or warning when the employee’s conduct is sufficiently serious to justify immediate dismissal …
Employment Law Series: Ending Employment – Redundancy
What is redundancy? In general, a position is redundant if the employer no longer requires the job to be performed by anyone. In enacting redundancy …
Employment Law Series: Ending Employment – Performance Management
The most common reason for an employer wanting to terminate an employee’s contract is underperformance. Managing this process carefully is required given the complexities and …
Government Agencies – Privacy Update
APP CODE FOR COMMONWEALTH AGENCIES On 1 July 2018, the Privacy (Australian Government Agencies – Governance) APP Code 2017 (the Code) commenced. The Code is …
Strengthening For Purpose: ACNC 2018 Report Summary
STRENGTHENING FOR PURPOSE: AUSTRALIAN CHARITIES AND NOT-FOR-PROFITS COMMISSION LEGISLATION REVIEW 2018 The Report following a review of the Australian Charities and Not-for-Profits Commission (ACNC) legislation …
Employment Law Series: Ending Employment – Abandonment of Employment
Employers need to be careful when considering whether abandonment of employment has occurred and terminating the employment contract. Abandonment cannot be determined strictly based upon …
Employment Law Series: Ending Employment – Resignations
The most common form of employment separation is where an employee provides an employer with Notice of their intention to end the employment relationship. This …
I spy, with my little eye… an employer who requires a workplace surveillance policy
It is becoming increasingly common for employers to monitor their employees whilst in the workplace, and when using employer devices. Although Australia does not currently …
I am in dispute with someone – is Court my only option?
The short answer is no. There are many options available to individuals and organisations in order to resolve a dispute without going to Court. At …
Defamation and Social Media – an update
Defamation is a routine matter to take to Court. Like all legal matters, there are tricks of the trade, but it is a fairly simple …
Investigation launched into Facebook, as Information Commissioner releases first Report on Notifiable Data Breaches
We spent months speaking about it and now the report is in. On Wednesday, 11 April 2018, the Office of the Australian Information Commissioner (OAIC) …
Statutory demands: What are they, why would I use one and how?
Need to chase a debt from a company? Do you operate a company and someone has issued you a statutory demand? Here is a quick …
Griffin Legal Sessions: Employee Termination and Risk Management
Terminating an employee can be difficult to manage and there can be many risk factors involved that you may not have considered. From adverse action …
CLAIMS OF SPORTING NEGLIGENCE TAKEN FOR A RIDE
Often, when deep in sporting contract negotiations, provisions regarding compensation for injury are often overlooked by players and sporting organisations alike. However, a recent decision …
Start the countdown clock…
TICK, TOCK…. On Thursday, 22 February 2018 the law will change, so that businesses and organisations bound by the Privacy Act 1988 (Cth) will be …
DECODING WINTER SPORT: GOVERNANCE, POLICY AND DISCIPLINARY PROCEDURES
Summer’s almost over, pre-season has begun for most winter sports and amateur sporting clubs are hounding players for registration fees. What is often overlooked in …
New Year’s Resolutions for your organisation and the law ahead for 2018
Welcome to 2018! It is set to be another interesting year ahead, as the Australian Open kicks off this week, we head towards the 2018 …
The Use of Combustible Cladding in Australian Buildings
In the early hours of 14 June 2017, an intense fire tore through the Grenfell Towers in London. A statement issued in November by the …
Property Law Developments for Property Developers – What You Need To Know
Taxes are always a contentious issue in the current property development landscape. They serve an important source of revenue raising for our Government and allow …
Charity reporting deadline approaching: common errors to avoid
Charities who report on a financial year (1 July – 30 June) are reminded that they are required to submit their Annual Information Statement and …
A Recent History of the Marriage Act 1961
In light of the recent marriage postal survey, it has become apparent that there is widespread uncertainty regarding the origins of the current legal definition …
Purchasing a Business?
Meet Kate and Peter. They handle the sale and purchases of businesses for our clients. We asked them a few questions about the process, from …
Do you have to act on reports of sexual harassment if no formal complaint is made?
Often it is the case that victims of sexual harassment don’t feel comfortable reporting incidents of sexual harassment. As a result, the victim and the …
George Brandis comments on the role of lawyers, and the Fitzgerald Principles
Opening the International Bar Association (IBA) conference in Sydney on Sunday night, Attorney-General George Brandis made a staunch defence of the rule of law, highlighting …
Rugby Fractures
Western Australian Rugby Union v Australian Rugby Union Ltd [2017] NSWSC 1174 Such is the level of fracture amongst various members of the Australian rugby …
Ipso facto clauses now a problem
In addition to introducing “safe habour” legislation, the Treasury Laws Amendment (2017 Enterprise Incentives No. 2) Act 2017 (Cth) places restrictions on ipso facto clauses. …
The New ‘Safe Harbour’ Legislation
On Tuesday 12 September, the House of Representatives passed the Treasury Laws Amendment (2017 Enterprise Incentives No. 2) Act 2017 (Cth), colloquially known as the …
Can you control what your employees post on social media?
The boundaries between public life and private life, specifically in relation to the workplace and the home, have become porous. And the question for many …
Why Investing in Workplace Diversity is Profitable
Workplace diversity has been a hot topic in corporate and government circles for some time. There is a considerable body of research that demonstrates that …
Mandatory Data Breach Notification Bill Passed
It is the Bill that has done the rounds of Parliament and been the subject of much anticipation and commentary. Privacy nerds everywhere (read: Griffin …
Canberra’s New Reportable Conduct Scheme – child protection obligations in the employment space
The new Reportable Conduct Scheme is now effective in Canberra, as of 1 July 2017. The ACT government passed legislation introducing the Scheme subsequent to …
AFP workforce says “NO”
Yesterday, AFP employees delivered a clear message to the AFP Executive that they will not accept the Enterprise Agreement being offered by the AFP. 87.2% …
Government Snapshot: Proposed Procurement Enforcement Regime
There has been a lot of discussion around the proposed changes to the way Commonwealth Government procures goods and services, in the form of the …
The Importance of Performance Management in a ‘Throw-Away’ Culture Era
The importance of performance management to private employers and government departments cannot be overstated. Performance management is more than the process of evaluating and managing …
IMPORTANT NOTICE: MANDATORY DATA BREACH NOTIFICATION BILL PASSED
It is the Bill that has done the rounds of Parliament and been the subject of much anticipation and commentary. Privacy nerds everywhere (read: Griffin …
Contracts for children in sport – potentially more than just a “minor” inconvenience
At common law, minors have always been able to enter into binding contracts. The common law originally stated that contracts entered into by persons under …
Part of a government tender evaluation committee? Want to know your obligations?
A tender evaluation committee is responsible for ensuring that a government procurement process is transparent and that procurement related actions are documented, defensible and validated …
New Year, New Will!
A new Will may not be the first thing on your new year’s resolution list, however it is very important to consider. If you do …
Brumbies into 2017
Opinion Piece – Peter J McGrath As the new year is upon us, I thought it would be an appropriate opportunity to give an update …
Your Facebook, Your Intellectual Property.
A cautionary tale of the rights you give away. A few months ago, as I sat in a meeting that was increasing in tempo at …
Disclosure Statements – What are they and why do I need one?
If you are the tenant or landlord of a retail or commercial lease, your lawyer probably required you to sign a Disclosure Statement prior to …
Employment contracts: does a step back from implied terms mean that the goal posts are moving?
Trust and confidence – Barker In the 2014 case Commonwealth Bank of Australia v Barker (Barker), the High Court of Australia determined that there is …
Commercial and Retail Leasing: Bank Guarantee v Bond
It is typical for landlords to require tenants to provide security under a lease, to secure the tenant’s obligations under the lease. There are various …
Unfair Contract Terms – A Change Is Coming
The unfair contracts legislation is being amended with effect from 12 November 2016 to apply to small businesses in addition to individuals. What is the …
Cleaning up a Toxic Workplace Culture
In recent years, the concept of workplace culture has come into the spotlight exposing some of Australia’s largest organisations, including the Australian Defence Force in …
Sharapova Vs Essendon
On 4 October 2016, the Court of Arbitration for Sport (CAS), issued a decision reducing the suspension given by an Independent Tribunal of the International …