In a continuing national trend, a Northern Territory cattle company, its director and another manager have been charged with safety offences which could see them spend time in prison. The charges arise from work completed by two station hands who were tasked with fencing duties. One station hand was operating a tractor with a post …
Category Archives: Alert
QIRC decides local government âSenior Officerâ award definition â are you paying correctly?Â
Why does this matter? âSenior Officersâ within the meaning of the Stream A Award (Award) can be excluded from Award and certified agreement coverage. That exclusion is relied upon by councils to facilitate flexible employment arrangements for senior staff. However, if an employee is incorrectly treated as a Senior Officer, there is a significant risk of an …
Rapid changes to environmental authority requirementsÂ
Our previous article, Reform to Queenslandâs environmental enforcement laws â Jones Review and EPOLA Act, introduced the suite of reform underway for Queenslandâs environmental legislation, and touched on the current response to the Jones Review into the adequacy of existing powers and penalties under the Environmental Protection Act 1994 (Qld) (EP Act). This article examines …
Continue reading “Rapid changes to environmental authority requirements “
Less than one month to go: what will happen if you haven’t updated your unfair contract terms
This is the third article of McCullough Robertsonâs series on What you donât know about unfair contract terms, which highlight upcoming changes to Australiaâs unfair contract terms (UCT) regime. In our first two articles we took a closer look at the non-disparagement clause and indemnity clauses. With less than one month to go, we thought …
Data breach obligations at forefront of Queenslandâs privacy reforms
After some anticipation, the Queensland Government last week introduced legislation to strengthen Queenslandâs privacy regime and increase transparency and accountability in how Queensland government agencies collect, hold, use and otherwise deal with personal information. The Information Privacy and Other Legislation Amendment Bill 2023 (Qld) (Bill) proposes various amendments to the Information Privacy Act 2009 (Qld) …
Continue reading “Data breach obligations at forefront of Queenslandâs privacy reforms”
Reform to Queenslandâs environmental enforcement laws â Jones Review and EPOLA Act
Background of the Jones Review In April 2022, an independent review into the adequacy of existing powers and penalties under the Environmental Protection Act 1994 (Qld) (EP Act) was commissioned, with the inquiry directed towards the adequacy of existing legislative powers for ensuring environmental performance, and providing for penalties if environmental laws and duties are …
Significant tax changes in NSW â do you need to act now?
The Treasury and Revenue Legislation Amendment Bill 2023 (the Bill) passed both Houses of Parliament in NSW on 21 September 2023. Once assent is received, the Treasury and Revenue Legislation Amendment Act 2023 (Amendment Act) makes a number of significant changes to the Duties Act 1997 (NSW) (Duties Act). An update on the proposed changes …
Continue reading “Significant tax changes in NSW â do you need to act now?”
A tale of two deals – just because an indemnity is unfair in one, doesn’t make it unfair in another
This is the second article of McCullough Robertsonâs series on What you donât know about unfair contract terms, which highlight upcoming changes to Australiaâs unfair contract terms (UCT) regime, including some of the key contract terms that fall within the ambit of that regime. In our first article we took a closer look at the …
New positive duty to eliminate sexual harassment: Guidelines now published on âhow toâ
Late last year, the Sex Discrimination Act 1984 (Cth) (Act) was amended to impose a positive obligation to eliminate sexual harassment. Wondering how to comply? Well, the Australian Human Rights Commission (AHRC) has recently published Guidelines, numbering a whopping 112 pages, unpacking the âhowâ. Recap on the positive duty Section 47C of the Act requires …
Managing tax risk when engaging talent
For many businesses, the temptation to classify workers as independent contractors presents an opportunity for reduced costs, increased flexibility and administrative simplicity. This often seems more attractive compared to the minimum entitlements and protections that might be mandated for employees by law. However, it is important to understand the differences between a person engaged …
How to avoid an own goal: Ambush marketing and the FIFA Womenâs World Cup 2023
As the FIFA Womenâs World Cup 2023 comes to a close, there is no doubt that the event was a huge success for fans and sponsors alike. With an event of this magnitude, and success in Australia (of both the event itself, the Australian womenâs soccer team, and womenâs sports more generally), companies will be …
Continue reading “How to avoid an own goal: Ambush marketing and the FIFA Womenâs World Cup 2023”
Subsidised Employee Housing â a recipe for success, or disaster?
Regional local governments are feeling the pinch of a tight recruitment market and are turning to a reliable employee attraction strategy â subsidised housing. With rent skyrocketing across Australia, subsidised housing may be the deal-maker for many prospective employees. However, subsidised housing presents a complex intersection between employment and property issues. If subsidised rental is …
Continue reading “Subsidised Employee Housing â a recipe for success, or disaster?”
Avoiding a crime when changing trustees – Application of MLC Investments Ltd
The recent decision of Application of MLC Investments Ltd (ACN 002 641 661)1 discussed the relevance of a corrupt purpose to s.249E of the New South Wales Crimes Act 1900 (the Crimes Act). This section outlines when the giving and receiving of a benefit upon changes to âa person entrusted with propertyâ will constitute a …
Continue reading “Avoiding a crime when changing trustees – Application of MLC Investments Ltd”
Foreign ownership of assets register â annual notification of water rights
Foreign ownership of water All foreign persons (including foreign owned companies and trusts) must notify the Australian Taxation Office (ATO) by 30 July each year if the foreign person acquired a registrable water interest during the previous financial year and continues to hold that interest at 30 June. A registrable water interest means any âregistrable …
Continue reading “Foreign ownership of assets register â annual notification of water rights”
Report on the statutory review of the Modern Slavery Act 2018 (Cth) â Australiaâs journey in modern slavery compliance continues
After a three-month public consultation period, the publication of an Issues Paper in August 2022, 136 written submissions and a year in review, on the 25 May 2023, the landmark review of Australiaâs Modern Slavery Act 2018 (Cth) (Act) was tabled as a report in Parliament (Report). The review was led by Professor John McMillan …
Safeguard Mechanism Reforms: what you need to know in the race to net-zero
Against the backdrop of a decarbonising global economy and as part of Australiaâs commitment to the Paris Agreement (now enshrined in Commonwealth legislation), the National Greenhouse and Energy Reporting (Safeguard Mechanism) Amendment (Reforms) Rules 2023,[1] are set to come into force on 1 July 2023. These reforms have been designed by the Federal Government to …
Continue reading “Safeguard Mechanism Reforms: what you need to know in the race to net-zero”
Recent announcements tackling housing supply
Itâs been a time of unprecedented activity as State and Federal governments, together with industry stakeholders, seek to tackle the housing crisis across Australia. As is clear from the fortnight snapshot below, there are a number of different levers available to both State and Federal Government which may be adjusted to address these issues â …
Continue reading “Recent announcements tackling housing supply”
Support for major safeguard mechanism reforms agreed
The Federal Government has secured support from the Greens Party on its push to amend safeguard mechanism provisions to further manage emissions reported by the nationâs largest emitters as well as improve transparency regarding the impact of new projects, expected to take effect 1 July 2023. The safeguard mechanism currently operates to mandate that facilities …
Continue reading “Support for major safeguard mechanism reforms agreed”
Fair Work Act amendments commence on 6 March 2023: Is this relevant to you?
If you work in state government or for a Local Council, you may (quite reasonably!) assume that upcoming amendments to the Fair Work Act 2009 (Cth) have no relevance to you. But not so fast. They do! Blame the external affairs power and read on. The landmark Respect@Work Report observed that our legal framework was not effectively preventing …
Continue reading “Fair Work Act amendments commence on 6 March 2023: Is this relevant to you?”
Revenue NSW: Foreign Purchaser Surcharge Duty and Surcharge Land Tax not payable by citizens of New Zealand, Finland, Germany or South Africa
On 21 February 2023 Revenue NSW announced that effective immediately citizens of New Zealand, Finland, Germany, or South Africa are no longer liable to pay foreign purchaser surcharge duty or surcharge land tax on residential land in NSW, because of inconsistencies between Australiaâs international tax treaties and the NSW surcharge provisions. It is yet to be …
Proposed changes to Queenslandâs waste legislation
WRR Bill 2023 On 22 February 2023, the Waste Reduction and Recycling and Other Legislation Amendment Bill 2023 (WRR Bill 2023) was introduced into Queensland Parliament. The WRR Bill 2023 proposes to amend provisions of the Environmental Protection Act 1994 (Qld) (EP Act) and the Waste Reduction and Recycling Act 2011 (Qld) (Waste Act) to …
Continue reading “Proposed changes to Queenslandâs waste legislation”
Eagerly anticipated Australian Privacy Review released â digital-uplift, significant new rights for individuals and a processor controller distinction
After two years of extensive review and consultation, the Attorney-Generalâs Department released its Privacy Act Review Report (Report), yesterday, 16 February 2023. Coming in at over 300 pages, the Report has made 116 proposals to amend the Privacy Act 1988 (Cth) (Act) across three broad categories – the scope and application, protections and regulation and …
ATO wrapping up for Christmas
This month, the ATO finalised its draft ruling and guidelines on section 100A ITAA36 in TR 2022/4 and PCG 2022/2, and issued a draft ruling and guidelines on the classification of employees and contractors in TR 2022/D3 and PCG 2022/D5. In the weeks leading up to Christmas, the ATO participated in the season of giving …
Immediate actions for employers: Fair Work Act changes
A suite of sweeping changes to the Fair Work Act 2009 (Cth) (Fair Work Act) have now been passed into law through the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022, which received Royal Assent on 6 December 2022. Most changes will come into effect in three to seven months (and we will …
Continue reading “Immediate actions for employers: Fair Work Act changes”
New requirements for the appointment of individuals to safety critical roles at Queensland coal mines
New provisions will take effect in the Coal Mining Safety and Health Act 1999 (Qld) (the Act) from 25 November 2022 with respect to the appointment of persons to statutory positions at coal mines – often referred to as âsafety critical rolesâ. The ChangesThe amendments recently passed by Parliament in the Coal Mining Safety and …
New positive duty to manage mental health and wellbeing
From 1 April 2023, persons conducting a business or undertaking (PCBU) in Queensland will have a positive duty under the Work Health and Safety Act 2011 (Qld) to manage psychosocial risks in the workplace. Equivalent provisions are already in effect in New South Wales, with the new duties to manage psychosocial risks having commenced in …
Continue reading “New positive duty to manage mental health and wellbeing”
Queensland land tax reform shelved
The Queensland Government is reported to have shelved its proposed reform to the Land Tax Act 2010 (Qld), which would have seen Queensland land tax levied at a rate calculated with reference to a landholderâs Australia-wide landholdings. The decision not to proceed with the reforms, which would have required sharing of information by the Revenue …
The Environmental Protection and Other Legislation Amendment Bill 2022 (Qld) finally sees the sunshine
On 12 October 2022, the Environmental Protection and Other Legislation Amendment Bill 2022 (Qld) (EPOLA22 Bill) was introduced in Queensland parliament, following an unusual consultation process conducted with select groups under strict confidentiality arrangements. The majority of the proposed amendments have been excluded from the regulatory impact assessment during the legislative process to date. …
Government to make good on Coalitionâs âmissed opportunityâ? Proposed legislation to implement further Respect@Work recommendations
Introduction of new Respect@Work Bill On 27 September 2022, the Government introduced the Anti-Discrimination and Human Rights Legislation Amendment (Respect at Work) Bill 2022 (New Bill) seeking to implement the remaining legislative recommendations under the Respect@Work Report. Background On 29 January 2020, Kate Jenkins, the Australian Human Rights Commissionâs Sex Discrimination Commissioner, delivered Respect@Work: Sexual …
Landlords âon the hookâ for the safety of their premises
Earlier this month, a landlord of a commercial premises was sentenced and fined in the Southport Magistrates Court after pleading guilty to breaching work health and safety laws. The decision serves as a timely reminder that while tenants conducting a business will have obligations for their own business, this does not mean that landlords can …
Continue reading “Landlords âon the hookâ for the safety of their premises”