Report on the review of the National Aged Care Quality Regulatory Process – what does it recommend and what may it mean for aged care providers?
The National Aged Care Quality Regulatory process underwent a review which examined Australia’s current aged care regulatory system against best practice regulatory principles and included an international comparison of how Australia’s aged care regulatory system is performing. The Report concluded that the Australian system, whilst complex, it aligned well with some of the best practice […]
ReadmoreData breaches by aged care providers – complying with the Mandatory Data Breach Scheme
Aged care providers will be subject to the Notifiable Data Breach scheme which requires organisations, including residential and home care providers, to mandatorily report eligible data breaches to the Office of the Australian Information Commissioner begins on 22 February 2018. An eligible data breach will occur if: there is unauthorised access to, unauthorised disclosure of, […]
ReadmoreRefer-a-Friend Promotions
Refer-a-friend promotions are where consumers are encouraged to refer their friends to enter a promotion, or to find out about a promotion. Here is our overview of the specific issues raised in refer-a-friend promotions. Authored by: David Smith, Partner Erica Huntley, Lawyer Allison Rickard, Law Clerk Jessica Bell, Law Clerk
ReadmoreHow will the new GST withholding regime impact your development?
The ATO has released a draft of the legislation which will give effect to the proposed new GST withholding requirements for buyers in new developments announced by the Treasurer in this year’s budget speech. Partner Matthew Raven has produced this brief summary. Who is affected? The proposal will affect all developers of apartments and […]
ReadmoreEmployee unfairly terminated after suspension of WWC Check – schools must take a cautious approach
Schools should tread carefully when considering whether to terminate the employment of a teacher or other employee whose Working with Children Check has been suspended because of pending criminal charges. A recent case before the Fair Work Commission, following a series of similar cases in New South Wales, concerned a teacher whose employment was terminated […]
ReadmoreFranchisors may be able to avoid liability for franchisees’ conduct under the Estate Agents Act
Franchisors’ joint and several liability for the negligence and defalcations of their franchisee estate agents has been cast into doubt by a recent decision of the Supreme Court of Victoria. In Secretary to the Department of Justice & Regulation v Century 21 Australia Pty Ltd [1] , the court narrowly read the definition of “franchising agreement” […]
ReadmoreCall for submissions on the Better Apartments Draft Design Standards
Following the Better Apartments – A Discussion Paper (May 2015) and the Better Apartments Public Engagement Report (December 2015), the Victorian Government has now released the long awaited Better Apartments Draft Design Standards (Draft Standards). Partner Meg Lee and lawyer Linda Choi highlight the key proposals. The Draft Standards aim to raise the quality of […]
ReadmoreQueensland Parliament dissolved for State Election
The Queensland State election was called on 29 October 2017 with the effect of dissolving the Legislative Assembly (Parliament). All of the committees of the Parliament (other than the Parliamentary Crime and Corruption Committee) have now ceased and all Bills before the Parliament that had not yet been passed have now lapsed. Implications All committee inquiries […]
ReadmoreCourt rescues landowner from oversight which results in lapsing of development approval
The Planning and Environment Court made a declaration that a development approval for residential purposes over land in Beerwah had lapsed and an order that the time for the making of a request to extend the relevant period of the development approval be extended. This decision was determined under the provisions of the now repealed […]
ReadmoreFine imposed for disposing of asbestos without a valid environmental authority
Mr Wayne Wharton was convicted of 65 offences under the Environmental Protection Act 1994 and fined $25,000 and ordered to pay legal and investigation costs of around $3,000 by the Ipswich Magistrates Court for carrying out an environmentally relevant activity without a valid environmental authority. Implications It is an offence under section 426 of the […]
ReadmoreBlended families and the 1 November 2017 changes to succession legislation
On 1 November 2017, the Administration and Probate and Other Acts Amendment (Succession and Related Matters) Act 2017 (the Amending Act) came into operation. 1. Intestacy In Victoria, if a person dies without a valid Will (intestate), or with a valid Will but such Will does not deal with all of their assets (partially […]
ReadmoreData breaches by schools – complying with the Mandatory Data Breach scheme
The Notifiable Data Breach scheme which requires organisations, including schools, to mandatorily report eligible data breaches to the Office of the Australian Information Commissioner begins on 22 February 2018. An eligible data breach will occur if: there is unauthorised access to, unauthorised disclosure of, or loss of, personal information held by the school; and a […]
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