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Working from home? Maybe you need a PIA
In 2021, remote working is not a foreign concept to any of us. To stop the spread of COVID-19 many offices across Australia and the …
Privacy Act under highly anticipated review
The Federal Government last year released the terms of reference for a proposed review of the Privacy Act 1988 (Cth) (the Act). The Australian Information …
Notifiable Data Breaches – 6 months of lessons from the OAIC
Notifiable Data Breaches Report (July-December 2020) The Office of the Australian Information Commissioner (OAIC) has released its twice-yearly report on notifiable data breaches reported in …
The Privacy Act and its functions in Workplace Investigations
How does the Privacy Act apply to a workplace investigation? Workplace investigations are typically used to investigate matters such as misconduct, bullying accusations or breaches …
Check In CBR – but don’t check out of your privacy obligations
Everyone across Canberra has seen the Check In CBR posters at venues they have visited. Whether you’re sceptical about the process or happy to Check …
Qantas JobKeeper case – How to properly calculate JobKeeper payments
In a recent decision of Qantas Airways Limited v Flight Attendants’ Association of Australia (the JobKeeper Case) the Federal Court of Australia considered and determined …
OAIC Privacy Survey Reveals Insights from COVID-19 Australia
The Office of the Australian Information Commissioner (OAIC) has recently published the 2020 Australian Community Attitudes to Privacy Survey (ACAPS). The ACAPS provides insights to …
An impartial summary of the new APSC Guidance on the Personal behaviour of APS employees on social media
The Australian Public Service Commission (APSC) has published revised guidance on the use of social media by Australian Government public servants. This comes just over …
Please sir… can I use this song?
On August 13, the Government announced a plan to reform digital copyright laws to bring them into line with the needs of a more online …
IP Australia fee increases and updated classification search
From 1 October 2020, IP Australia will increase their fees for a number of their intellectual property services including trade mark applications. Trade mark applicants …
Government announces plan to extend temporary relief in response to COVID-19
We previously published an article about the Federal Government’s legislative response to the economic impact of COVID-19 and the introduction of the Coronavirus Economic Response …
Launching Real Estate into the Digital Domain: The transition to e-Conveyancing in the ACT
The ACT is following in the footsteps of other Australian states and working toward an electronic conveyancing system. It has been on the horizon for …
Genuine redundancies during the COVID-19 pandemic
In the recent case of Browne v MySharedServices Pty Ltd [2020] FWC 4445, the Fair Work Commission (Commission) has reasserted the importance of consultation, even …
How should you calculate sick leave?
In a recent case Mondelez Australia Pty Ltd v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union [2020] HCA 29 (Mondelez Case) the High …
ACAT fines Lessor for non-compliance with Tribunal order
It is vital to the administration of justice and the rule of law that orders of the Courts and Tribunals are complied with. The ACT …
Case Update: Employee compensated $200,000 after being dismissed for sharing a Hitler meme
We previously wrote about the decision of the Full Bench of the Fair Work Commission in the case of Scott Tracey v BP Refinery (Kwinana) …
Trans-Tasman IP protection: how to register a trade mark in New Zealand
Despite the recent decrease in travel due to COVID-19, we still live in the age of globalisation. It is not uncommon for businesses to expand …
Introduction of Paid Pandemic Leave
In response to the COVID-19 pandemic the Fair Work Commission (Commission) introduced unpaid pandemic leave into 99 Modern Awards, to protect workers required to self-isolate …
Consultation requirement in the redundancy process
Prior consultation of employees is one of the requirements for a redundancy to be genuine under section 389 of the Fair Work Act 2009 (Cth) …
Changes to the Miscellaneous Award
The Fair Work Commission have made changes, in effect from 1 July 2020, to the Miscellaneous Award 2020 to cover a broader range of workers, …
What information can you request from your employees in relation to COVID-19?
In a recent case Kieran Knight v One Key Resources (Mining) Pty Ltd T/A One Key Resources [2020] FWC 3324 (29 June 2020) (Knight Case), …
FWO Focuses on Hospitality Underpayment & Compliance Obligations
On 13 July 2020, Sandra Parker, the current Fair Work Ombudsman (FWO), announced the main strategic priorities for the 2020/2021 Financial Year are to address …
Workplace Meme Culture: Satire Not Grounds for Dismissal says FWC
The internet has been an area of controversy in employment law for a number of years. Many late-night rants and political outbursts have been the …
Doors open to casual worker leave entitlements following landmark court ruling
Recently, the Federal Court handed down its highly-anticipated employment decision in WorkPac Pty Ltd v Rossato [2020] FCAFC 84. The decision concerned an employee of …
Director Identification Numbers Bill has passed
All company directors will soon be required to apply to ASIC to obtain their own unique Director Identification Number (DIN). The Treasury Laws Amendment (Registries …
Informal Wills
The recent case of In the Estate of Jansen [2020] ACTSC 130 (26 May 2020) underscores the importance of obtaining legal advice in relation to …
Australians beware: ACCC reports rise in COVID-19 related scams
The Australian Competition & Consumer Commission (ACCC) has recorded an alarming rise in scams and phishing activity since the outbreak of COVID-19. It seems scammers …
Fair Work implements additional measures to protect Modern Awards in light of COVID-19
The Full Bench of the Fair Work Commission (FWC) have determined by hearing on 8 April 2020 to amend modern awards to accommodate for the …
COVID-19: Mandatory Code of Conduct for Commercial Leases
On Tuesday, 7 April 2020 the Commonwealth Government released a Mandatory Code of Conduct (the Code) containing a set of principles aimed at commercial tenancies …
COVID-19 and the residential tenancies shake up
Countless Australians are facing financial hardship in the wake of significant coronavirus (COVID-19)-related job loss. Despite the tenant-landlord relationship largely being governed by individual Rental …
Temporary change to obligations of incorporated associations
The States and Territories have introduced some temporary changes affecting incorporated associations. The changes are in response to the COVID-19 pandemic and are to accommodate …
Five new powers of employers
The five new powers of employers Employers who qualify for the JobKeeper Scheme (a JobKeeper employer) now have the ability to take certain actions when …
To be or not to be – the next Annual General Meeting (AGM)
As a result of the Corona Virus Outbreak (COVID-19) and social isolation restrictions, many organisations are finding it impossible hold their AGM. For companies with …
Changes to Statutory Demands Process
It is no secret that COVID-19 has had an extraordinary impact on our day to day lives. As a result of the pandemic, there has …
Global pandemic is no excuse, employers obligated to protect health and safety of employees
With an increase in the number of people working from home or working remotely because of COVID-19, it is important for employers to understand that …
COVIDSafe: The latest government app and what it means for your privacy
The Federal Government have just released their highly anticipated COVIDSafe App to help monitor the spread of novel Coronavirus (COVID-19). Of key concern to many …
Changes to witnessing documents in NSW
The NSW Government have temporarily suspended requirements for documents to be witnessed in person, in light of COVID-19. Legislation passed last week (Electronic Transactions Amendment …
Director identification numbers coming our way…
It has been discussed for some years now, but the Treasury Laws Amendment (Registries Modernisation and Other Measures) Bill 2019 is finally before Parliament and …
The Debt Recovery Process
At Griffin Legal we act in debt recovery matters for a diverse range of large and small clients from a variety of industries and backgrounds. …
Changes to Annualised Salaries under Modern Awards
From 1 March 2020, the Fair Work Commission has introduced new requirements for the payment of Annualised Salaries under Modern Awards. These changes will increase …
Risk of defamation for businesses with a Facebook page
In Australia, the concept of free speech, although not enshrined in our Constitution, is a fundamental principle that many individuals seek to exercise. However, this …
New Year, New Will 2020!
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 …
Copyright law in the age of Social Media
Australia’s copyright laws, enshrined in the Copyright At 1968 (Cth)(the Act) are designed to protect original, tangible material. For example, you can protect things like …
IoT’s out there! Are you ready?
Carly: How was your run this morning? Jane: How did YOU know I ran this morning? Carly: Don’t you remember? You shared all your health …
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. …