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New Law – Broader coverage of the Secure Local Jobs Code
From 7 November 2019, businesses that want to provide services worth more than $200,000 to the ACT Government must have a Code Certificate and Labour …
NEW Law – Whistleblower legislation
On 13 November 2019, the Australian Securities and Investments Commission (ASIC) released its updated regulatory guidelines on whistleblower policies and what it expects a policy …
Late unfair dismissal applications
As most people are aware, unfair dismissal applications must be lodged within 21 days of termination. In limited circumstances, the Fair Work Commission can allow …
Use of an App to record employee’s start and finish times
If you want to make clocking in and out easier for employees, maybe you are considering introducing a mobile App that would streamline the clock …
Two jobs, One employer = how many employment contracts?
In the recent case of Kroeger v Mornington Peninsula Shire Council [2019] FCCA 2313 (22 August 2019), the Federal Circuit Court of Australia provided useful …
Boiler plate clause explanations: Joint and several clauses
You’ve probably seen a joint and several clause in a contract before. It reads something like “Each Borrower agrees it is jointly and severable liable …
Transitioning from an incorporated association to a public company limited by guarantee
Many not-for-profit organisations are registered as an incorporated association. An incorporated association is governed by the legislation of the State or Territory in which they …
Modern Slavery in Australia
In 2018, Modern Slavery Acts were passed by both the Federal and NSW State Governments in order to regulate the risks of modern slavery in …
Board Members and Working with Vulnerable People
It is compulsory for any person (whether employed or in a voluntary capacity) who engages in a certain activity with a vulnerable person to obtain …
Unpacking modern Data Breaches: Is your data safe?
In November 2018, the Australian National University (ANU) suffered a massive data breach where up to 19 years of sensitive and personal data were obtained …
You’d be nuts not to register your trade marks!
Federal Court makes ruling on licensing of unregistered trade marks in Peanut Butter dispute. You may have noticed a change in the branding of your …
New damages available for unjustified threat proceedings in IP cases
It is no secret that as a trademark owner you have the right to protect your intellectual property and preserve your business identity. A great …
Collection of Personal Information from a third party
A recent decision from the Australian Information Commissioner and Privacy Commissioner (Privacy Commissioner) provided a timely reminder to organisations about obligations when collecting personal information …
Pop Quiz for Charities – who do you notify when there is a change of directors?
Charities that are companies limited by guarantee do not need to notify ASIC of changes to officeholders. However, these charities do need to notify ACNC …
Forcing Employees to Take Annual Leave
It has been recently reported that the Commonwealth Corporation, Airservices Australia Pty Ltd (Airservices) has been fined for incorrectly forcing its staff to take leave …
Employee Claims Following Workplace Investigations
Under the Work Health and Safety Act 2011 (Cth), employers must take all reasonable steps to create a safe workplace for all employees by eliminating …
New Association rules for Material Personal Interests
A raft of new provisions were introduced recently under the Associations Incorporation Act 1991 (ACT), and notably those which deal with material personal interests. Here …
Basic concepts in property ownership – Canberra
This article explains some key concepts in property – some general and some unique to Canberra. Joint tenants: This is where two or more people …
Responsibility, Accountability and Liability in Unincorporated Associations
An unincorporated association, unlike a company, does not have legal status and is not a separate legal entity from its members.[1] Therefore, an unincorporated association cannot …
Legislation changes for ACT incorporated associations
It is important for any organisation to stay on top of regulatory changes. For associations incorporated in the ACT (Associations) there have been at least …
What can my employer do with my fingerprints?
A closer look at biometric data in the workplace A recent decision of the Fair Work Commission (FWC) has provided some insight into the collection …
Revised data encryption laws explained
A controversial shake up to Australia’s data laws came into force in December 2018. The Telecommunications and Other Legislation Amendment (Assistance and Access) Act 2018 …
Can a dispute about a Deed, be resolved by the Deed in dispute?
The lessons from Rinehart v Hancock Prospecting Whether you’re confused about the heading of this article or identify with it – the question of how …
What’s in a day? The Federal Court rules on personal leave accruals
On 21 August 2019, the Full Court of the Federal Court of Australia considered an alleged inconsistency between the National Employment Standards (NES) and an …
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 …