GL Insights
More on force majeure clauses
Many businesses will routinely enter into a contract which contains a “force majeure” clause. However, many may not know that the purpose of a force majeure clause is to allow a party who is prevented from performing a contract by a ‘force majeure event’, which is a circumstance that is beyond the control of the …
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Restraint of Trade
Restraints of trade are routinely included in employment contracts (and often independent contractor agreements) to protect an employer’s trade secrets, confidential information, customer connections and staff connections by restricting an employee’s activities after they have left employment. Restraint of trade clauses will be enforceable to the extent that the restraint is reasonably necessary to protect the legitimate business …
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Electoral spending
Changes to the Electoral Act 1918 (Cth) now require charities that spend money to influence voters in a federal election to register and report expenditure to the Australian Electoral Commission (AEC). Depending on the level of expenditure, a charity may be subject to disclosure requirements as: a political campaigner; or a third party. Political campaigner …
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Foreign Influence Registration Scheme
The Foreign Influence Transparency Scheme commenced on 10 December 2018 with the enactment of the Foreign Influence Transparency Scheme Act 2018 (Cth). As stated in its name, the aim of the Scheme is transparency – providing the public and government decision makers with transparency around who and which foreign entities may be seeking to influence …
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Employees and medical certificates – case update
When it comes to employee sick leave, we are regularly asked the following two questions: When can an employer compel an employee to obtain a medical certificate or a more detailed medical certificate? What are the considerations for an employer when an injured employee is certified unfit to return to their pre-injury position? Two cases …
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Running a business? Check your registration
Running a business? Check your registered details are current It is not only charities that should check their registrations reflect their current details; businesses should also check that: any trading name the business uses is registered as a business name with the Australian Securities and Investments Commission (ASIC) – (a business must register the trading name it …
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Charity Listing with the ACNC
Throughout the year we assist clients with their corporate governance and regulatory compliance. The Australian Charities and Not-for-profits Commission (ACNC) has imposed new obligations on charities, in some cases in addition to existing reporting obligations. We often find that charities are not up to date with their ACNC lodgements. If you work for a charity, …
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AGIS: Workplace standards for identifying and evaluating breaches
Workplace investigations undertaken by a Government agency must be conducted in accordance with the Australian Government Investigation Standards 2011 (AGIS). The standards were developed in conjunction with the Australian Federal Police and aim to maintain integrity in any government investigation process. The Standards set out the minimum standards required throughout all stages of an investigation. …
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New Procurement Rules for the Commonwealth
New Commonwealth Procurement Rules (CPR) were released by the Department of Finance on 20 April 2019. These new CPRs apply for any new procurement from their commencement date. The CPRs are a set of rules for most Commonwealth procurements. The changes, in essence, are made to accommodate the Government Procurement (Judicial Review) Act 2018 (Cth), international …
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Through to the keeper: Do you know your sporting organisation’s privacy obligations?
Despite being 30 years old, organisations can still be confused about their obligations under the Privacy Act 1988 (Cth) (Privacy Act). Whether the Privacy Act even applies can be a minefield for sporting organisations such as sporting clubs, gyms, and governing bodies. Unfortunately, ignorance of the law excuses no one, and fines for a breach of the …
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