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 …
Expertise Archives:
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) …
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Cyber Security, Privacy, and Data
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 …
Chris Barr
Whitsunday Regional Council
Livestreaming â have you considered copyright protection and infringement?
With the advent of an increasingly remote and/or hybrid work culture, there has been an increase in the use of various livestreaming platforms, including in relation to the viewing of business, organisational, cultural and sporting events. However, this may leave open the possibility of infringing on third-party copyright materials, or having the livestream material shared …
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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 …
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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 …
Lotus Development Management
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 …
Fair Work (Closing Loopholes) Bill introduced: Significant changes ahead
Earlier this week, the Federal Government introduced the Fair Work Legislation Amendment (Closing Loopholes) Bill 2023 (Bill), linked here. The Bill is this Governmentâs third tranche of amendments to the Fair Work Act 2009 (Cth) (FW Act) and proposes sweeping reforms that will impact employers across Australia. The legislation has been referred to a parliamentary …
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The FTX collapse: The governance red flags top-tier investors ignored
This article was originally featured in the September edition of the Governance Institute of Australia: Governance Directions journal. âNever in my career have I seen such a complete failure of corporate controls and such a complete absence of trustworthy financial information as occurred hereâ[1] â John J Ray III The recent failure of the FTX …
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Beware the verbal contract
Douglas v Mikhael [2023] NSWSC 979 A recent decision of the Supreme Court of New South Wales has highlighted the difficulties of enforcing a verbal contract. In this case, the Plaintiff alleged that he had entered into two (2) verbal contracts which entitled him to be paid the profits of businesses operated by the Defendants. The …
Host with the most â the shifting vicarious liability landscape (Mt Owen v Parkes [2023] NSWCA 77)
Who should read this Business owners, CEOs, CFOs and contract and procurement managers of companies who procure labour through external providers or who have structured their group so that an employing entity supplies labour to an operating entity. The New South Wales Court of Appeal recently found that a âhostâ employer, as opposed to a …
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 …
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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 …
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BPFN
New mandatory data breach notification laws for NSW local governments
On 28 November 2023, reforms enacted last year to the Privacy and Personal Information Protection Act 1998 (NSW) (PPIPA) will come into effect. These reforms introduce a Mandatory Notification of Data Breach Scheme (MNDB Scheme) that applies to all NSW government agencies â including universities, local governments and state-owned corporations. The MNDB Scheme replaces …
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Zombie Development Applications
âZombie DAsâ are development applications that have been approved historically and are seemingly brought back to life, in other words relied and acted upon, many years after they were granted. This can become a cause for concern where developments that no longer adhere to contemporary environmental and planning controls, standards or strategic objectives are permitted …
New Housing and Productivity Contributions Scheme
On 13 July 2023 assent was given to the Environmental Planning and Assessment Amendment (Housing and Productivity Contributions) Bill 2023 (NSW) following its passing on 28 June 2023. The Bill amends the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act) to provide for housing and productivity contributions. This article provides an overview of the …
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What you donât know about unfair contract terms: unmasking the hidden unfairness of non-disparagement clauses
On 10 November 2023, significant changes to the unfair contract terms (UCT) regime in Australia come into effect. With expanded application and the introduction of significant penalties for infringement, if you havenât already, now is the time to assess whether your business is caught by this regime and, if so, update your documentation accordingly. In …
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 …
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The Psychosocial Code of Practice â whatâs happening with enforcement?
The changes to psychosocial health regulation in Queensland (see our earlier article) have been in play for just four months, and already regulators, unions and workers are regularly referring to the Code of Practice: Managing the Risk of Psychosocial Hazards at Work (Code). So, what are we seeing in the field? Safety regulators Regulators and …
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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 …
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Duties of a solicitor as the prosecutor in relation to disclosure
The role of the prosecutor is unusual in that the prosecutor has an adversarial relationship with the accused, but also simultaneously owes a duty to the court to establish the whole truth. Because of this peculiarity, the prosecutorâs role attracts a duty of fairness to the accused and impartiality in the conduct of the proceeding, …
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Outcomes of Developer Review Panel
Proposed reforms for developers in Queenslandâs building and construction industry. The independent Developer Review Panel (Panel) appointed under the Queensland Building and Construction Commission Act 1991 (Qld) (QBCC Act) has proposed a more stringent framework for developers in the building and construction industry in Queensland. Late last year, the Panel released its discussion paper on …
