GL Insights
Health Sector Data Breach Review– Leading the Pack in Data Breach Reports
The Office of the Australian Information Commissioner (OAIC) has been producing quarterly statistics of data breach reports since the Mandatory Data Breach Reporting regime came into force in the Privacy Act 1988 (Cth) (Privacy Act) on 22 February 2018. The latest report published on 30 October 2018 shows the continuation of a worrying trend for …
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A Domain by Any Other Name: Protecting Your Domain from Casual Hijackers
For most businesses its website and email systems are its life blood. These can both be compromised if you lose control of your domain name, the “x.com.au” or “y.net.au”. Recently Scott Morrison provided an example that this can happen to anyone, even a well-resourced digital media team. During the Wentworth byelection they lost control of …
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10 Days for Complaints Under the New Government Procurement (Judicial Review) ACT 2018
In mid-2017 we wrote about the proposed Government Procurement (Judicial Review) Bill 2017. It was finally passed in October 2018 with the key elements of the proposed bill remaining unchanged. Timing The Act is due to come into effect on 20 April 2019 or an earlier date by proclamation. It covers breaches that take place …
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Employment Law Series – Recruitment and Discrimination – Case Update
Many employers operate under the misunderstanding that workplace discrimination laws only apply when considering the interests of those who are current employees. However, the following two examples, one on mental illness and another on criminal records, highlight that such considerations also extend to the recruitment process including prospective employees. Mental illness Chalker v Murrays Australia …
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The Fair Work Commission Performance Overview 2018, Must Read For All Employers
The Fair Work Commission publishes an annual report outlining the Fair Work Commissions performance for the financial year. Check out below the key stats: Unfair Dismissal More than half of the claims resolved at conciliation Approximately a quarter of the claims resolved prior to conciliation 50% of claims were finalised within 30 days, and 90% …
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Employment Law Series: Do Your Work Policies Address Sexual Harassment?
Did you know that 71% of Australians have been sexually harassed at some point in their lifetime, of which 33% occurred at work in the last five years? The results of the 2018 National Survey highlighted this high rate of sexual harassment in Australian workplaces. Other notable outcomes were: Perpetrators were most often a co-worker …
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Employment Law Series: Domestic Violence Leave And Termination For Being A Perpetrator
Overview The Fair Work Commission has updated all industry and occupation Awards, whereby all employees covered by a Modern Award (including part-time and casual employees), are now entitled to 5 days unpaid family and domestic violence leave (DVL), effective 1 August 2018. There is talk that this should be legislated for all employees irrespective of …
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Cyber Bullying and How It Affects You or Your Business
20% of Australians have experienced image based abuse! Did you know that? Very few people are aware that s474.17 of Criminal Code Act 1995 (Cth) (Cth Code) prohibits the use of the internet, social media or a telephone to menace, harass or cause offence to a person. An offence under the Cth Code can result …
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Employment Law Series: Social Media Case Update
The issue of social media in the employment context is at the forefront of employment law issues presently. It is a grey area. Today, we will look at some recent cases. But first, why does this issue matter? Because it is about employees personal lives getting caught up in their work life – there is …
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Beyond Potato Salad: Crowd Sourced Equity Fundraising for Pty Ltd Companies
The power of crowd sourcing is undeniable. From the ridiculous, $55,492 raised to make a potato salad , to the nostalgic, saving of the iconic local Canberra music venue The Phoenix. Crowd sourcing has been used by many business ventures to raise funds, most often bootstrapping the startup phase by offering pre-sale products. Until recently …
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