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Employment

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 …

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Employment

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) …

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Employment

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, …

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Employment

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), …

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Employment

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 …

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Employment

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 …

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Employment

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 …

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CommercialCorporate Governance

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 …

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Estate Planning

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 …

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Privacy

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 …

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Employment

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 …

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Commercial

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 …

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Property

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 …

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Corporate Governance

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 …

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Employment

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 …

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Corporate Governance

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 …

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Debt Recovery

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 …

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Employment

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 …

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Privacy

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 …

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CommercialEstate Planning

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 …

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Corporate Governance

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 …

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Debt Recovery

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. …

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Employment

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 …

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Photo by freestocks.org from Pexels Employment

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 …

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New Year, New Will 2020! Estate Planning

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 …

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Photo by Lisa Fotios from Pexels Intellectual Property

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 …

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IoT’s out there! Are you ready? Intellectual PropertyPrivacy

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 …

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Broader coverage of the Secure Local Jobs Code Employment

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 …

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Whistleblower legislation Corporate Governance

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 …

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Late unfair dismissal applications Employment

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 …

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Use of an App to record employee’s start and finish times Privacy

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 …

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Two jobs, one employer = how many employment contracts? Corporate GovernanceEmployment

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 …

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Boiler plate clause explanations: Joint and several clauses Commercial

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 …

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Transitioning from an incorporated association to a public company limited by guarantee Corporate Governance

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 …

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Modern Slavery in Australia CommercialEmployment

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 …

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Employment

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 …

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modern data breach Privacy

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 …

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You’d be nuts not to register your trade marks! CommercialIntellectual Property

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 …

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Intellectual Property

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 …

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Privacy

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 …

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Not-for-Profit

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 …

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Employment

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 …

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Employment

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 …

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CommercialEmployment

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 …

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Property

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 …

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sport teams huddle Corporate Governance

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 …

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group meetin Corporate Governance

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 …

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Open hand welcoming EmploymentPrivacy

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 …

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laptop in the dark with code CommercialGovernmentPrivacy

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 …

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kangaroos fighting Estate PlanningLitigation & Dispute Resolution

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 …

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mug, glasses and tissues Employment

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 …

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Employment

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 …

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Commercial

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 …

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EmploymentLitigation & Dispute Resolution

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 …

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Corporate GovernanceGovernment

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 …

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Property

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 …

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Privacy

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 …

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Commercial

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 …

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Property

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 …

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EmploymentLitigation & Dispute Resolution

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 …

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CommercialEmployment

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 …

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Sports Law

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 …

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Estate Planning

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. …

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Corporate GovernanceNot-for-Profit

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 …

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Property

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 …

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Privacy

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 …

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CommercialEmployment

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 …

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Sports Law

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 …

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CharityNot-for-Profit

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 …

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Commercial

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 …

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Employment

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 …

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CharityNot-for-Profit

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 …

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Government

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 …

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Employment

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 …

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Commercial

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 …

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CharityCorporate GovernanceNot-for-Profit

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 …

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Government

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 …

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Government

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 …

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Uncategorized

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.  …

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PrivacySports Law

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 …

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Diversity & InclusionEmployment

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 …

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Employment

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.  …

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Property

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.  …

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CommercialCorporate Governance

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 …

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GovernmentLitigation & Dispute ResolutionProperty

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 …

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Corporate GovernanceEmploymentNot-for-Profit

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 …

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Sports Law

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 …

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Intellectual PropertyPrivacy

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 …

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CommercialGovernment

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 …

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Employment

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 …

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Privacy

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 …

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Intellectual Property

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, …

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Government

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 …

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Employment

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 …

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Employment

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 …

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Employment

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 …

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Employment

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), …

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Employment

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) …

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EmploymentLitigation & Dispute Resolution

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 …

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Commercial

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 …

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