GL Insights
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 corporate operations and supply chains. These Acts attempt to address the gross breaches of human rights that occur daily, involving layers of deception, manipulation and vulnerability, culminating in many individuals, …
Read more
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 a background check and be registered with Access Canberra.[1] The Working with Vulnerable People (Background Checking) Act 2011 (ACT) (WWVP Act) commenced on 8 November 2012 and is designed to reduce …
Read more
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 by an unknown hacker. The ANU has said that the hack not only affected students and professionals in Canberra but that it had the potential to affect a number of …
Read more
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 favourite peanut butter recently. In 2017, the Kraft peanut butter business was purchased by Bega Cheese. Central to the Kraft products is their instantly recognisable, bright yellow packaging design which …
Read more
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 benefit of having exclusive legal rights over your brand is that it enables you to stop other people from using it. For example, it is common practice in the IP …
Read more
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 from someone other than the individual in question. ‘RC’ and TICA Default Tenancy Control Pty Ltd (Privacy) [2019] TICA Default Tenancy Control Pty Ltd (Tenancy Control) maintains various databases to …
Read more
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 of the change of company directors. Similarly, changes to a Charity’s constitution or address should be lodged with ACNC and not ASIC. Changes to a company name are, however, notified …
Read more
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 during the annual Christmas shutdown period. The primary reason provided for this finding was the failure of Airservices to consult with each of its employees regarding the shutdown period, in …
Read more
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 or minimising the risk of harm. This obligation extends to properly investigate workplace allegations such as misconduct, bullying, harassment, discrimination and fraud. How to Conduct a Workplace Investigation Unfortunately, there …
Read more
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 is what you need to know. What are material personal interests Committee members have obligations (and are subject to penalties) under Part 4 of the Act that relate to: declaring …
Read more