National Integrity Spotlight – September 2023
This edition of the National Integrity Spotlight considers the latest updates from the NACC, the Federal Court’s decision in a case that considered the application of whistleblower protections retrospectively, and the latest developments in various matters relating to the PwC tax scandal and consulting services Senate Inquiry. We also consider the recent allegations relating to […]
ReadmoreGadens Regulatory Recap – 17 October 2023
This edition of the Gadens’ Regulatory Recap highlights recent developments from ASIC, APRA, ACCC, AFCA, the ATO, Treasury, and the Australian Law Reform Commission, including various enforcement actions taken by the regulators. ASIC ASIC and APRA publish further information on joint administration of FAR: On 3 October 2023 ASIC and APRA published a Financial Accountability […]
ReadmoreFirst Australian breastfeeding workplace discrimination case
Breastfeeding is a protected attribute under federal anti-discrimination laws,[1] and throughout the majority of Australia’s States and Territories.[2] The ACT Civil and Administrative Tribunal (ACAT) recently delivered what appears to be the first reported Australian workplace anti-discrimination decision related to mothers breastfeeding at work.[3] ACAT determined that employers must make arrangements to accommodate the breastfeeding […]
ReadmoreQueensland Corruption and Integrity Update – September 2023
The September edition of the Queensland Corruption and Integrity Update covers recent decisions of the Councillor Conduct Tribunal (CCT), the High Court’s decision in CCC v Carne, and the first progress report into the recommendations of the Forensic DNA Commission of Inquiry. We also consider the Local Government (Councillor Conduct) and Other Legislation Amendment Bill […]
ReadmorePipe dreams – Manager ordered to repay employer after receiving benefits
A recent decision in the Supreme Court of New South Wales has seen a former manager and his consulting company ordered to pay the manager’s former employer a total of $474,054 between them. The finding was made on the basis that the manager and his consulting company had received profits as a result of the […]
ReadmoreShutting down over the Christmas and New Year Period? New modern award requirements may apply to your organisation
In December 2022, the Fair Work Commission (FWC) updated the annual leave shutdown provisions contained in 78 modern awards as part of its four-yearly review. These changes took effect in the relevant awards from 1 May 2023. In the lead up to the festive season, organisations should take a moment to consider the updated shut […]
ReadmoreGadens Regulatory Recap – 3 October 2023
This edition of the Gadens’ Regulatory Recap highlights recent developments from ASIC, APRA, OAIC, ACCC, AUSTRAC and Privacy Commission, including various enforcement actions taken by the regulators. ASIC 1. ASIC Chairman highlights cyber-security risks: ASIC Chairman, Joe Longo gave a speech at the AFR Cyber Summit on 18 September 2023 regarding cyber risk and cyber […]
ReadmoreA step in the right direction – Australian Government Response to Privacy Act Reforms
Following the Attorney-General’s Department’s Privacy Act Review Report published in February 2023 (Report), the Australian Government has just published its response to the Report (Response). The Response follows submissions from various stakeholders (including by a submission by Gadens) on the 116 proposals in the Report that look to overhaul the current Privacy Act 1988 (Cth) […]
ReadmoreConsumer gains – The regulation of sports supplement pills
Consumers of sports supplements stand to gain from increased oversight of sports supplements in medicinal dosage form through regulation of such supplements as therapeutic goods (ie medicines). The sports supplement industry has been regulated for some time now. For instance, oral sports supplements that contain certain high-risk substances, and claim to improve or maintain performance […]
ReadmoreIt’s all positive: AHRC’s guidance to employers on their positive duty under the Sex Discrimination Act 1984 (Cth)
The Australian Human Rights Commission (AHRC) has published guidelines on a set of seven standards for relevant businesses to comply with their positive duty under the Sex Discrimination Act 1984 (Cth) (SDA). These standards are particularly crucial for employers because from 12 December 2023, the AHRC will have the power to enforce compliance with the […]
ReadmoreDefamation – what is required to establish ‘serious harm’?
The Federal Court of Australia recently handed down a decision in Selkirk v Hocking (No 2)[1] shedding light on the serious harm element of the cause of action for defamation. Background In November 2019, Ms Selkirk was convicted of multiple counts of dishonestly obtaining financial advantage by deception by using falsified receipts to return goods […]
ReadmoreSwings, roundabouts and loopholes – more amendments to the Fair Work Act
On 4 September 2023, the Federal Government introduced the Fair Work Legislation Amendment (Closing Loopholes) Bill 2023 (Bill), its third tranche of Industrial Relations reform in the last 12 months following the passing of the Secure Jobs, Better Pay and the Same Job, Same Pay amendments to the Fair Work Act 2009 (Cth) (Act). While […]
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