New Guidance for ACNC on Public Benevolent Institutions

17/10/2025 On 29 September 2025, the ACNC updated their Commissioner’s Interpretation Statement (CIS) on Public Benevolent Institutions (PBIs) to reflect recent consultation with the charity sector and the 2024 Federal Court decision of Equality Australia Ltd v Commissioner of the Australian Charities and Not-for-profits Commission [2024] FCAFC 115 (“Equality Australia Decision”). Equality Australia is an …
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National Integrity and Anti-Corruption Update

14/10/2025 Welcome to our first integrity and anti-corruption update. Our updates will cover the work of the integrity and anti-corruption bodies at a National, State and Territory level, and from time-to-time updates from other government bodies with integrity related functions. National Anti-Corruption Commission Following a consistent theme across integrity and corruption bodies of issuing guidance …
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Supermarket Underpayments: Lessons for Employers

24/09/2025 Fair Work Ombudsman – Supermarket Underpayments:  Lessons for Employers In the recent consolidated proceedings of Fair Work Ombudsman v Woolworths Group Limited; Fair Work Ombudsman v Coles Supermarkets Australia Pty Ltd; Baker v Woolworths Group Limited; Pabalan v Coles Supermarkets Australia Pty Ltd [2025] FCA 1092, the Fair Work Ombudsman and class action lawyers …
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Kmart breaches Privacy Act with facial recognition

24/09/2025 Australian retail giant Kmart’s facial recognition practices have been found to have breached Australia’s Privacy Act.   The Privacy Commissioner, Carly Kind, of the Office of the Australian Information Commissioner (OAIC), handed down her determination on 26 August 2025.  Kmart deployed facial recognition (FR) cameras in 28 of its stores during a pilot program between …
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ACNC’s new regulatory focus

24/09/2025 The Australian Charities and Non-for-profits Commission (ACNC) has recently published information about its new regulatory focus area for 2025/26 – effective record-keeping. The ACNC’s regulatory focus areas are informed in part by concerns received from the public as well as ACNC looking to areas of emerging risks, informed by data and stakeholder engagement. ACNC …
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Australian Information Commissioner flexes regulatory muscles on Optus for 2022 Data Breach

22/08/2025 In 2022, Optus suffered one of the most notorious data breaches since the Notifiable Data Breaches Scheme began in 2018. The data breach affected approximately 9.5 million Australians, being current and former Optus customers who all had varying amounts of their personal information stolen by hackers. The information stolen included names, dates of birth, …
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Who do I talk to? – A reporting guide for not-for-profit or registered charities

03/09/2025 Do you understand your company’s reporting obligations? It can be confusing, trying to understand whether to report company information to the Australian Charities and Not-for-profit Commission (ACNC) or to the Australian Securities and Information Commission (ASIC). Changes to the reporting regimes have been made in an attempt to simplify the regulatory requirements, in particular …
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The importance of testamentary capacity: a review of recent cases

03/09/2025 Testamentary capacity is commonly a topic of contention in estate disputes. Determining whether a testator had testamentary capacity at the time they made their Will is not always straightforward. Having your Will prepared by a reputable estate planning solicitor is a vital step in ensuring testamentary capacity has been considered.  Testamentary capacity refers to …
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Changes for small business employers

03/09/2025 The right to disconnect and the “employee choice” pathway for casual employee conversion to permanent employment now applies to small business employers. These changes were introduced as part of the “closing the loopholes” reforms to the Fair Work Act 2009 (Cth). They have applied to larger employers from 26 August 2024 and from today …
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TerraCom’s $7.5 million penalty for whistleblower contravention  

03/09/2025 In 2023 ASIC commenced proceedings against TerraCom and some of its officers for, amongst other things, contraventions of the whistleblower protection scheme in relation to whistleblower disclosures made by a previous employee.  The proceedings against TerraCom were the first commenced by ASIC under the expanded corporate whistleblower protection scheme contained in the Corporations Act …
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