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Privacy by design: A call to action

Griffin Legal endorses the ‘privacy by design’ approach, whereby agencies proactively embed good privacy practices into the design of new technology, practices and infrastructure. It remains important that evolving and adapting agencies keep privacy at the forefront of their minds. A privacy impact assessment (PIA) is a good way to build up privacy. What is …
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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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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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