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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 of an organisation’s Policies or Code of Conduct. Any workplace investigation involves balancing the sensitive nature of the allegations, and work health and safety obligations. However, it is also important …
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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 In, a lot of questions are raised about how the information collected through Check In CBR is used and stored. What are the contact tracing obligations for non-essential businesses in …
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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 the correct application of the JobKeeper provisions contained in section 789GDA(2)(b) of the Fair Work Act 2009. Relevant JobKeeper provision Section 789GDA(2)(b) contains the “minimum payment guarantee”, which operates to …
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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 Australians’ views and understanding of privacy and privacy-related issues. Interestingly, the ACAPS also includes a snapshot of those views during the COVID-19 outbreak. COVID-19 Interestingly, the survey was carried out …
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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 a year after the High Court found that anonymous tweets can be a breach of the Australian Public Service’s Code of Conduct (Comcare v Banerji [2019] HCA 23). In that …
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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 Package Omnibus Act 2020 which came into force on 25 March 2020. You can view this article here. The purpose of the legislative changes was to ease the financial impact …
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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 months, with the implementation of gradual measures to make the transition, including identity verifications and the removal of requirements for original signatures on documents. So what could e-Conveyancing mean for …
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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 during the current COVID-19 pandemic. In this case, Mr Matthew Browne (the Employee) was dismissed without his employer, MySharedServices Pty Ltd (the Employer), undertaking any consultation prior to his termination. …
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