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Digital Tools and Medical Devices used for mental health – is yours a regulated medical device?

The Therapeutic Goods Administration (TGA) recently released guidance on digital tools and medical devices for the mental health sector (Guide).[1] The Guide aims to clarify whether software-based medical devices, products, services and tools used in the mental health sector (collectively, digital mental health products) are regulated by the TGA. Prior to the Guide, information about […]

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Changes to Enterprise Bargaining – Genuine Agreement Requirement

This is the third article in Gadens’ series regarding the key workplace changes that commence from 6 June 2023, the article below takes a deep dive into changes to the enterprise bargaining process outlined in our previous piece. Employers will encounter changes to the enterprise bargaining process which started on 6 June 2023, which employers […]

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Queensland Corruption and Integrity Update – May 2023

This month’s edition of the Queensland Corruption and Integrity Update examines the Parliamentary Crime and Corruption Committee Public Report, recent decisions of the Councillor Conduct Tribunal, and developments arising from the Queensland Ombudsman. Parliamentary Crime and Corruption Committee Public Report The Parliamentary Crime and Corruption Committee (PCCC) held a public meeting on 2 May 2023 […]

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6 June 2023 deadline looms for Fair Work Act key changes

This article is a follow up to the article that Gadens’ Workplace Advisory and Disputes team previously published in relation to changes to the Fair Work Act 2009 (Cth) that commence operation from 6 June 2023. The previous article can be found here. Businesses should note 6 June 2023 down as a crucial date in […]

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Build-to-Rent short series | Has the planning scheme caught up?

The Gadens Build-to-Rent short series will focus on emerging property and development issues that affect Build-to-rent (BTR) projects – covering planning, subdivision structuring, fund-through models and management issues. Click through the following links to read each instalment.  Build-to-Rent short series | Subdivisional solutions Has the planning scheme caught up? As BTR projects are increasing in popularity […]

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Blowing the whistle on whistleblower protections: is your business aware of its obligations?

Whistleblowing in Australia has seen a rapid increase in attention given past legislative changes following the Royal Commission into the Banking, Superannuation and Financial Services industry and recent high profile whistleblower prosecutions in this space. As we go on to discuss below, in late March 2023, former public servant and Australian Taxation Office employee, Richard […]

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Gadens Regulatory Recap

This edition of the Gadens Regulatory Recap considers updates from ASIC, APRA, OAIC, RBA, AFCA, and key legislative updates. We also take a look at the proposed changes to Buy Now Pay Later services and the debanking of Binance in the unregulated crypto space. ASIC  Enforcement: ASIC’s public focus over the past fortnight has been […]

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Workplace flexibility and parental leave extension – new processes and dispute avenues

As part of the next raft of key changes to take effect from 6 June 2023, the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 amendments to the Fair Work Act 2009 (Cth) (FWA) have strengthened employees’ right to request flexible working arrangements and an extension of unpaid parental leave. The FWA does […]

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Trade promotions myth busting – do you need approval for your draw system?

Trade promotions myth busting – do you need approval for your draw system? The winners of many ‘game of chance’ trade promotions are determined by electronic random draw. There is some confusion in the marketplace about the need to get your electronic draw system approved by state and territory trade promotions regulators. Until relatively recently, […]

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Employers, brace for changes to the Privacy Act’s employee record exemption

With everything and everyone moving online, going paperless and adopting flexible work practices, it’s no wonder employers are collecting more and more personal information, including sensitive personal information, from their employees. The employee record exemption At present, an organisation acting in its capacity as the employer (or former employer) of an individual in relation to […]

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Buy Now Pay Later: ‘Walks like a duck’ regulation announced

On 22 May 2023, the Treasury announced that the Buy Now Pay Later (BNPL) industry will be regulated under the National Consumer Credit Protection Act 2009 (Credit Act). The move was announced by the financial services minister and assistant treasurer, Stephen Jones MP, at the Responsible Lending & Borrowing Summit. The announcement confirms that the […]

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In NSW, the DBP Act is about to extend to the commercial sector, encompassing projects involving hotels and aged care facilities

In 2020, the New South Wales Government introduced the Design and Building Practitioners Act 2020 (NSW) (DBP Act) and the Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020 (NSW) (RAB Act) as part of long-awaited reforms aimed at improving the standard of construction work in NSW and restoring public confidence in the industry. From […]

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