GL Insights
The regulatory privacy journey from 2020 to 2024: What is the current status of the Privacy Act reforms?
The Privacy Act 1988 (Cth) (Privacy Act) is the principal piece of legislation governing the handling of personal information by the Australian government and private organisations. The Privacy Act has undergone various tranches of amendments since its inception in 1988, with significant changes on the horizon during 2024.
Using AI recruitment tools
General protections from unlawful discrimination under the Fair Work Act 2009 (Cth) apply to both employees and prospective employees. It is important to ensure that reliance on tools such as AI in recruitment processes do not infringe on the protections from discrimination that are afforded to prospective employees. The list of attributes that are protected …
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Three quick privacy facts for Charities and Not-for-Profits (NFPs)
If the Privacy Act 1988 (Cth) applies to your organisation, these three facts should help focus you on your organisation’s compliance. If you are unsure if your organisation is subject to the Privacy Act, please contact us for advice.
Privacy by design: building public trust and confidence
Griffin Legal endorses a ‘privacy-by-design’ approach, where organisations proactively embed good privacy practices into the design and development of a program that involves any collection, use, or disclosure of personal information. Every decision and new process must be approached via a privacy-first mindset, promoting both functionality and privacy protection.
Significant changes around casual employees laws
In other important changes to the Fair Work Act 2001 (Cth), the definition of ‘casual’ and the process of casual conversion have been significantly amended with the changes coming into effect on 26 August 2024.
Practical tips for protecting information and systems
Cyber incidents are increasing in frequency across all sectors including charities and not-for-profits. As a result, the Australian Signals Directorate’s Australian Cyber Security Centre is encouraging charities and not-for-profit organisations to protect their information and systems. The steps that these organisations can take are the same steps that all types of organisations can take – …
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Climate reporting for government and big business
Draft legislation on mandatory climate related disclosures closed for comment on 1 March 2024. Proposed mandatory climate related disclosure laws are likely to be introduced for large businesses, which will include disclosure obligations around climate related financial risks, opportunities, plans and strategies.
Charity registration – necessitous circumstances
To be registered as a charity, an organisation must have a charitable purpose or purposes. Charitable purpose has a legal definition, which is found in the Charities Act 2013 (Cth), and there are twelve different charitable purposes. In January 2024, the ACNC published the key factors it will consider in determining an organisation’s eligibility to …
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Fair Work Ombudsman taking action for underpayments and payslip breaches
Employers are reminded that the Fair Work Ombudsman (FWO) will take action where they believe employees are not receiving their entitlements. The FWO is currently seeking orders against a Melbourne based labour hire company, Oz ESDM Pty Ltd, to rectify an alleged underpayment of wages under the Health Professionals and Support Services Award 2020 and failure …
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Fair Work amendments: independent contractor or employee?
In February 2024, the Fair Work Legislation Amendment (Closing Loopholes No. 2) Act 2024 (the Act) re-introduced the “multifactorial” test for whether a worker is legally considered to be an independent contractor or an employee. That is, the Act requires an assessment of all of the circumstances of each work arrangement to be made in …
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