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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 …
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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 …
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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 …
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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 …
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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 enter into contracts, including contracts for supply or employment, and cannot sue or be sued.[2] The question, therefore, arises as to who is liable when it comes to unincorporated associations, and …
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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 two important changes to be aware, changes to the Associations Incorporation Act 1991 (ACT) (Associations Act) and the potential new requirement to have a Whistleblower Policy, brought in by the …
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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 and use of sensitive information in the workplace. In the case of Jeremy Lee v Superior Wood Pty Ltd [2019] FWCFB 2946, the FWC found that it was unfair for an …
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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 (the Amendment) amended several pieces of legislation to enable the Government to access the communications of individuals in the name of national security. The Amendment was passed to make it …
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