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A 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) […]

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Consumer 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 […]

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It’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 […]

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Defamation – 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 […]

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Swings, 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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Final Report of the Review of the Public Interest Disclosure Act 2010

The highly anticipated final report from the Review of the Public Interest Disclosure Act 2010 (PID Act Review) was publicly released on 9 August 2023. A review of the PID Act was recommended as part of Professor Peter Coaldrake’s Review of Culture and Accountability in the Queensland Public Sector (the Coaldrake Report), which highlighted concerns […]

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National Integrity Spotlight – August 2023

This edition of the National Integrity Spotlight considers the latest updates from the National Anti-Corruption Commission (NACC), former DPP Shane Drumgold’s proceeding against the Board of Inquiry, use of ChatGPT and generative AI within the Department of Defence, and recent Australian Federal Police operations. We also consider the South Australian Independent Commission Against Corruption (SA ICAC) […]

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Gadens Regulatory Recap – 19 September 2023

This edition of the Gadens’ Regulatory Recap highlights recent developments from ASIC, APRA, OAIC, ACCC, RBA and Treasury, including various enforcement actions taken by the regulators. Parliament Parliament passes FAR Bill: After almost two years in Parliament the Financial Accountability Regime Bill 2023 (FAR) has passed both houses. FAR will replace the Banking Executive Accountability Regime […]

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FMCG Express | September 2023 Edition

In this edition of FMCG Express we consider the practicalities of implementing UCT regime required changes, recent ACCC enforcement activity and consider what risks ‘greenwashing’ can pose for our clients. We also touch on employer obligations regarding psychosocial safety and hazards, the Retail Award and other legislative changes. Partner Breanna Davies and the Gadens team […]

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Unmasking errors – the TGA’s post-market face mask review

The Therapeutic Goods Administration (TGA) has recently had to make amends after releasing information about surgical face masks sponsored by M House Pty Ltd (M House) without authority under the Therapeutic Goods Act 1989 (Cth) (Act). The Australian Register of Therapeutic Goods (ARTG) saw a rapid rise of medical device inclusions in the wake of […]

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Queensland Corruption and Integrity Update – August 2023

The August edition of the Queensland Corruption and Integrity Update covers updates from recent estimates hearings and an update on the Integrity and Other Legislation Amendment Bill. Estimates update State Development and Regional Industries Committee The State Development and Regional Industries Committee estimates hearing took place on 2 August 2023. The Office of the Independent […]

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September 2023 changes to the Professional Employees Award 2020

The Fair Work Commission (FWC) announced changes to the Professional Employees Award 2020 (PE Award) in relation to coverage of employees, overtime, penalty rates and associated record keeping obligations in March 2023. Whilst changes to coverage provisions took effect earlier this year, remaining changes are due to commence on 16 September 2023. Overview From 16 September 2023: some […]

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