The ACT’s Reportable Conduct Scheme – The role of the Employer in the investigation process

If the reportable conduct scheme applies to your organisation in the ACT, you have a mandatory obligation to respond to reportable allegations. Below we have listed the key tasks of the Employer who receives a reportable allegation under the ACT’s Reportable Conduct Scheme. This list is provided for general guidance only and as the scheme …
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New Year’s Resolutions for your organisation and the law ahead for 2018

Welcome to 2018! It is set to be another interesting year ahead, as the Australian Open kicks off this week, we head towards the 2018 Winter Olympics in South Korea, we see the 2018 Commonwealth Games hosted in the Gold Coast, and we await the 2018 FIFA World Cup in Russia. It’s also the year …
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Purchasing a Business?

Meet Kate and Peter. They handle the sale and purchases of businesses for our clients. We asked them a few questions about the process, from the perspective of a buyer. What questions should a purchaser ask before agreeing to a price? Kate: It is important for a purchaser to conduct due diligence prior to purchasing …
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Mandatory Data Breach Notification Bill Passed

It is the Bill that has done the rounds of Parliament and been the subject of much anticipation and commentary. Privacy nerds everywhere (read: Griffin Legal staff) were waiting with bated breath to see if the latest amendments to the Privacy Act 1988 (Cth) would be passed. On 13 February 2017, the Privacy Amendment (Notifiable …
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AFP workforce says “NO”

Yesterday, AFP employees delivered a clear message to the AFP Executive that they will not accept the Enterprise Agreement being offered by the AFP. 87.2% of employees cast a vote, and of those 80.88% voted no, meaning that only 19.12% voted yes. To set the scene, the circumstances leading into the vote were as follows: …
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Commercial and Retail Leasing: Bank Guarantee v Bond

It is typical for landlords to require tenants to provide security under a lease, to secure the tenant’s obligations under the lease.  There are various types of security that may be provided, including bank guarantees, bonds and – where the tenant is a company – personal guarantees from the directors of the tenant entity. The …
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Unfair Contract Terms – A Change Is Coming

The unfair contracts legislation is being amended with effect from 12 November 2016 to apply to small businesses in addition to individuals. What is the current law? Unfair contract terms are regulated under the Australian Consumer Law – Competition and Consumer Act 2010 (Cth) Schedule 2 (CCA). Section 23 of the CCA states that any …
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Excessive surchages come at a cost

Following the enactment of the Competition and Consumer Amendment (Payment Surcharges) Act 2016, businesses should be aware of new restrictions in imposing payment surcharges on customers. This amendment to the Competition and Consumer Act 2010 (Cth) (CCA) essentially bans ‘excessive’ surcharges on credit and debit card payments in transactions. This is intended to limit surcharges …
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