GL Insights
Respect@Work – Positive Duty on Employers
The Anti-Discrimination and Human Rights Legislation Amendment (Respect at Work) Act 2022(Cth) places a positive duty on employers, including agencies to take reasonable and proportionate measures to eliminate hostile workplace environments, sexual harassment, harassment on the grounds of sex, gender-based discrimination in the workplace and related acts of victimisation. Under the Work Health and Safety …
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Should the Pension Age be reduced for First Nations people?
The full Federal Court will shortly consider whether Aboriginal and Torres Strait Islander peoples should be able to access the aged pension early following a recent legal proceeding that argues that the gap in life expectancy means holding them to the retirement age is discrimination and a contravention of the Racial Discrimination Act 1975. The …
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Does the Australian Government have a duty of care in relation to climate change?
On October 26, 2021, Wadhuam Paul Kabai and Wadhuam Pabai Pabai, First Nations’ leaders from the Gudamalulgal nation of the Torres Strait Islands, filed a case challenging the Commonwealth’s failure to cut emissions and asserting that the government’s inaction will force their communities to migrate to a new area. The Plaintiffs presented scientific evidence proving …
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Are PhD Students being paid below the minimum wage?
University of Sydney Classics PhD graduate Tristan Burt has launched a class action against the Commonwealth, arguing that PhD students should be classified as employees rather than students. Burt takes aim as the Commonwealth Research Training Program (RTP) which provides RTP scholarships to doctorate students for stipends, among other things, to assist students with the …
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Don’t let privacy go MIA, complete a PIA!
As agencies and businesses continue to grow and evolve over time, so does the way they do things. An entity might someday outgrow its ICT infrastructure, require new accounting software or start working on an exciting new project. It remains important for growing businesses and adapting organisations to keep privacy at the forefront of their …
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Traps in being too strict in probity
Probity is central to Australian Government procurement. To achieve probity in a procurement process, some of the general principles for officials to be mindful of include: To help comply with these principles, there are now well-established probity practices developed and refined over the last three decades that should be used. These practices include the implementation …
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New year, new charity reporting obligations
Late last year, a number of amendments were made to charity regulations which impact on ACNC reporting obligations from this year. The changes relate to: The charity size thresholds have been amended, from the 2022 annual reporting period, as follows: Charity Size Defined now as: From 2022 Annual Information Statement reporting period, defined as: Small …
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Unmasking Aspen Medical’s $3.7m summary judgment
In a recent Canberra case, local firm Aspen Medical Pty Ltd (Aspen), was awarded a summary judgment of $3.7 million in respect of N-95 face masks that were not provided or replaced from Canadian supplier BA Capital Inc (BA Capital). This case highlights the role that a summary judgment can play in obtaining a favourable …
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Does your agency know when to engage a probity advisor?
Probity is the evidence of ethical behaviour, and can be defined as complete and confirmed integrity, uprightness and honesty in a particular process. When dealing with government resources officials need to ensure proper use and management of public resources. Probity aims to identify the risks which can occur at any stage of a process and …
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Are you building or renovating? How does your contract deal with disputes?
A recent case involving a dispute between a builder and homeowners after they entered into a Masters Builders Association Home Building Contract (Contract) has highlighted some important considerations in respect of dispute resolution processes in building and construction contracts. The Court upheld the validity of a clause in the Contract which allowed disputes between the …
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