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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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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 to resolve a dispute under a Deed is not always so simple. This was recently seen in one of the many legal battles plaguing the Rinehart family which ended in …
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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 Enterprise Agreement related to the accrual of personal/carer’s leave. Mondelez Australia Pty Ltd (Mondelez) operates food manufacturing plants across Australia and is a national system employer. Mondelez entered into an …
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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 ACT, what amounts to reportable conduct and what to do when reportable conduct is identified, this included the significant role played by the ACT Ombudsman. On 11 June 2019 the …
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