From 6 December 2023, new limitations will apply to fixed term contracts of employment. Broadly, the changes will: limit the maximum duration of fixed term contracts to two years; provide robust restrictions to prevent employers from circumventing these limitations; and require employers to provide employees on new fixed term contracts a ‘Fixed Term Contract Information […]
ReadmoreThis month’s edition of the Corruption and Integrity Update considers the release of the report of the Honourable Alan Wilson KC into his Review of the Public Interest Disclosure Act 2010, the latest from the CCC on its corruption strategy and guidance for the public sector, details from the Integrity and Other Legislation Amendment Bill, […]
ReadmoreThis edition of the Gadens’ Regulatory Recap highlights recent developments from ASIC, APRA, AFCA, OAIC, ACCC, ATO, AUSTRAC and Treasury, including various enforcement actions taken by the regulators, and regulatory guidance relating to scams. ASIC 1. ASIC warns of further action against market misconduct: ASIC has issued a warning that the strong enforcement action relating […]
ReadmoreFurther to our series of articles on ESG, on 24 July 2023 ASIC commenced proceedings seeking declarations, pecuniary penalties and adverse publicity orders against Vanguard Investments Australia Ltd (Vanguard) alleging misleading conduct in relation to claims about the applicability of environmental, social and governance (ESG) criteria applied to investments in an investment fund offered by […]
ReadmoreThis edition of the Gadens’ Regulatory Recap highlights recent developments from ASIC, APRA, AUSTRAC, ACCC, ATO and Treasury, including important FAR updates and details on regulation of AI and treatment of high-risk crypto exchanges. ASIC ASIC’s greenwashing antidote of transparency and meaningful disclosure: From June 2022 to March 2023, the Australian Securities and Investments Commission […]
ReadmoreThe appropriateness of Design and Distribution Obligations (DDOs) is now a priority for ASIC in regulating the disclosure of information about financial products to protect consumers (ie investors). In this article, we provide practical advice on how to adopt a consumer-centric approach in preparing Target Market Determinations (TMDs) that provide adequate levels of disclosure to […]
ReadmoreBy 11 August 2023, Victorian employers must destroy all COVID-19 vaccination information collected, recorded, held and used under the Occupational Health and Safety Amendment (COVID-19 Vaccination Information) Regulations 2022 (Regulations), unless the employer is permitted or required under other laws to collect, use, record, or hold the information. The Regulations allowed employers to continue to […]
ReadmoreThis edition of the National Integrity Spotlight considers all that has been happening since the commencement of the National Anti-Corruption Commission (NACC) on 1 July 2023, the final report from the Robodebt Royal Commission, the historic penalty in AUSTRAC’s case against Crown, the findings of Independent Commission Against Corruption’s (ICAC) investigation into the former NSW […]
ReadmoreYes is the answer! On 12 July 2023, the Parliamentary Joint Committee on Corporations and Financial Services published its report regarding corporate insolvency in Australia. Objective of the inquiry The committee’s inquiry assessed how effective the current corporate insolvency regime is at providing benefits to, and protecting, stakeholders as well as the Australian economy. It […]
ReadmoreThis edition of the Gadens’ Regulatory Recap highlights recent developments from ASIC, APRA, AUSTRAC, ACCC and Treasury, and updates on measures including the climate-related financial disclosure regime, de-banking, the ALRC Interim Report C on financial services legislation, and a FAR update. ASIC ASIC warns super trustees to consolidate duplicate member accounts: On 29 June 2023, […]
ReadmoreLast week the Minister for Planning approved Amendment C162, which applies the Design and Development Overlay Schedule 14 (DDO14) on an interim basis (until 27 October 2023), to land bordered by Nepean Highway, Kananook Creek Boulevard, Beach Street and Wells Street, Frankston (the Amendment). The Amendment amends Planning Scheme Map No. 4DDO and inserts a […]
ReadmoreA recent ruling by the Full Court of the Federal Court of Australia has narrowed the exception to employers’ obligation to provide redundancy pay[1]. This development carries implications for employers, particularly those engaged in labour hire. Failing to keep up with these changes can expose employers to potential breaches of the National Employment Standards (NES). […]
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