The new Ministerial Order 1359 (MO 1359), which implements the new Child Safe Standards for registered schools in Victoria is to replace Ministerial Order 870.

MO 1359 was published on 10 February 2022, and will come into operation on 1 July 2022, as do the new Child Safe Standards.

Originally published as a suite of articles, our Guide to MO 1359 is designed to assist you in navigating the new regulatory landscape.

Download the guide here.

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This article discusses considerations for workplaces when responding to complaints of allegations of abuse and misconduct relating to the safety of children and vulnerable persons. Organisations must be able to identify when an investigation is required and how the investigation should be conducted.

Organisations working with vulnerable people are legally required to have an effective system for the management and resolution of complaints, including complaints of abuse and misconduct by employees. The NDIS Practice Standards, the Aged Care Quality Standards and the Victorian Child Safe Standards all require organisations working with vulnerable people, to have a robust complaints management system where organisations receive and appropriately respond to allegations of abuse and harm.

Why are investigations important?

Safeguarding investigations should form part of your organisation’s broader complaints handling framework and should be designed to focus on the vulnerable persons they are intended to protect. A poorly designed and executed investigation places your organisation’s most vulnerable people at risk, and your organisation potentially liable for breaching its duty of care, not to mention reputational damage.

The Royal Commission into Institutional Responses to Child Sexual Abuse identified that many organisations had poor investigation standards and failed to properly investigate complaints, which meant that many children were not adequately protected. The Royal Commission into Aged Care Quality and Safety also identified that complaints made to the Department of Health were often taken on face value, without investigation, which contributed to a lack of transparent and reliable information about older people’s experiences of care.

A clear investigation process contributes to organisational transparency and the identification of systemic failures which may result in improvements in the organisation to protect vulnerable people from harm.

Regulatory obligations to investigate

There are different obligations to investigate complaints in different sectors. Organisations may be required to investigate allegations of abuse and misconduct in relation to children under the Reportable Conduct Scheme, incidents in relation to aged care residents under the Serious Incident Response Scheme, and matters relating to the care of persons with a disability under the Incident Management and Reportable Incidents Scheme. Regardless of where the regulatory obligation arises, the basis of an effective investigation is the same.

Should the investigation be conducted internally or externally?

Once it has been determined that an investigation is necessary, it is important to consider who should be appointed to investigate. The Royal Commission into Institutional Responses to Child Sexual Abuse recommended that investigations should be carried out by an impartial, objective and appropriately trained investigator.

In determining whether an organisation should appoint an internal or external investigator, an organisation should consider:

• the gravity and seriousness of the allegations;
• the potential for any conflict arising from an internal investigation;
• the complexity of the investigation and likelihood of facts being contested;
• the skill and experience of an investigator to investigate and forensically examine the evidence in order to make findings; and
• whether the organisation intends to rely on the investigation report being subject to legal professional privilege.

At a minimum, the investigator should be fully independent and not have a conflict of interest in respect of the matter being investigated or the potential participants in the investigation. This is particularly relevant for investigations undertaken internally.

The investigator should also be equipped to work with vulnerable participants using a trauma-informed approach, including identifying and overcoming any barriers to ensure that victim survivors, children and vulnerable people are empowered to fully participate in the investigation.

What makes a good investigation?

Once an investigator has been appointed, there are a number of factors which must be considered in order to conduct an efficient investigation which withstands regulatory scrutiny and potential future litigation. Some of our tips include:

• Take the time to plan the investigation to ensure that it efficiently and effectively responds to the complaint and is proportionate to the seriousness of the complaint. At this stage, consider what resources and documents the investigator will need, the process for identifying and contacting witnesses, and identify any regulatory or practical timeframes that the investigator will need to be aware of.
• A good investigation should prioritise procedural fairness to all parties, including the complainant, victim/survivor, witnesses and respondent. Procedural fairness or ‘natural justice’ requires a fair and transparent process which permits all parties to be heard and treated equally. It also minimises the opportunity for decisions arising from the results of the investigation to be challenged.
• Similarly, documenting decision making processes and maintaining appropriate record management assists with transparency and positions the investigator to respond to any future scrutiny of the findings.
• Investigations should also remain focused on determining all relevant facts related to the scope of the investigation, whether that is to identify a breach of a regulatory requirement, code of conduct, policy or procedure, and whether the person poses a risk to safety. It should not be treated as a ‘fishing expedition’.
• Participants in the investigation should be appropriately informed of the nature of the investigation before consenting to participate and should be offered relevant supports before, during and after the investigation.

External investigators

To help with managing these often competing considerations, many organisations engage experienced external investigators. This is particularly relevant when conducting safeguarding investigations, as investigators need appropriate skills to interview vulnerable people. A skilled investigator will understand the impact that age, a medical and psychological diagnosis, or trauma may have on a person’s ability to participate in an investigation, and ensuring the person is empowered to participate in the investigation.

Experienced investigators will also understand the regulatory context to safeguarding investigations and ensure that the investigation complies with relevant legislation including obligations under workplace laws. There is also a significant benefit in involving lawyers in an investigation process. In the Fair Work Commission case of Tainsh and Willner v Co-Operative Bulk Handling Ltd (2021) 73 AILR ¶103-362; [2021] FWC 3381, an organisation was able to rely on legal professional privilege to limit the respondent’s access to an investigation report on the basis that it was prepared for the dominant purpose of obtaining legal advice. By engaging a lawyer and having a discussion about legal professional privilege from the outset, organisations can be properly informed about the conduct of an investigation and use of documentation arising out of the investigation.

Organisations should also ensure that investigators who do not have a current Legal Practicing Certificate, are licenced under the Private Security Act 2004 (Vic) to ensure the investigation can be relied upon in any future proceedings.

How we can help

Moores works with many clients to oversee and coordinate safeguarding and workplace investigations to ensure that the investigation is conducted efficiently and withstands regulatory scrutiny and future disciplinary action. Our Special Counsel, Patrice Fitzgerald, is available to conduct independent safeguarding investigations for those organisations seeking to appoint an external investigator.

If your organisation receives a complaint which requires investigation, please get in touch with our Safeguarding and Workplace Relations teams so we can help you to design an investigation that meets your regulatory and operational requirements.

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The Royal Commission into Institutional Responses to Child Sexual Abuse (the Royal Commission) investigated issues arising from institutions’ management of complaints in relation to child sexual abuse. The Royal Commission found there were a number of issues which led to children being placed at ongoing risk, including:

• failing to appropriately assess and mitigate the level of risk an employee poses to children once an allegation has been made;
• permitting the employee to continue to work with children;
• reassigning an employee to similar duties without sufficiently considering the nature of the risk they pose to children; and
• failing to suspend an employee when the risk was unable to be managed by other safeguards.

The Royal Commission found that employers needed to do more to make child safety the paramount consideration in managing employees who are the subject of an investigation. The Royal Commission contains valuable findings and recommendations, which should be used and considered across all industries working with children and vulnerable people.

What steps can an employer take to safeguard children and vulnerable people once an allegation has been made?

Once an allegation has been made, employers should conduct a preliminary risk assessment to determine what steps can be taken to appropriately safeguard against further harm, including whether an employee should be suspended while the investigation is underway. The Royal Commission recommended if an allegation of child sexual abuse is made, and the allegation is ‘plausible’ then the employee should be immediately stood down pending the outcome of an investigation. In determining whether an employee should be stood down, an employer should give consideration to the gravity and seriousness of the alleged misconduct. When there are competing priorities for the employer, the safety of children and vulnerable people must be the paramount consideration.

These arrangements should be continuously monitored and reassessed to maintain the safety of children and vulnerable people as the key priority. If the investigation takes some time to be completed, it may be appropriate to request that the investigator provide an interim report summarising the findings to date to inform a reassessment of the safeguarding arrangements in place.

What about my obligations to my employee?

An employer should clearly communicate the arrangements to the employee under investigation and the reasons for imposing those arrangements. If it is determined that suspension is appropriate in the circumstances, the employee should be informed of the likely duration of the suspension, what the employee can and cannot do while on suspension, and the employee’s entitlement to receive wages and other benefits.

Other safeguards should also be put in place to manage the impact the arrangements may have on the employee, including:

• engaging an independent investigator to minimise actual or apparent bias and provide procedural fairness to complainants, witnesses, victim/survivors and respondents (see our recent article considering what makes a good investigation);
• ensuring that the employee is afforded procedural fairness, by providing the employee with particulars of the allegations and an opportunity to respond;
• providing the employee with a point of contact during the investigation, including frequent updates regarding the progress of the investigation;
• making psychological support services available to the employee to manage risks to their health; and
• maintaining confidentiality regarding the investigation, including when communicating the employee’s period of absence to other members of staff.

What if police are also investigating?

A workplace investigation must not interfere with any police investigation. Employers should communicate with police to assess when they can commence an internal investigation. This can create a difficult situation for employers who have suspended an employee with pay and a police investigation is taking a significantly long time before charges are laid or a final hearing takes place. Dismissing an employee in these circumstances may risk an unfair dismissal claim, general protections claim or workers’ compensation claim being made against an employer, and requires careful steps to be taken to manage legal and reputational risks to employers and employees alike.

How Moores can help

Moores can help you to identify the necessary steps to strike the right balance between your safeguarding obligations and employment obligations. We can also assist you in communicating with your employee and conducting an efficient and independent investigation in your workplace. Please get in touch with Patrice Fitzgerald and Melissa Elleray in our safeguarding and workplace relations teams for further information on what Moores can do for you.

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If you work in the Victorian education sector, you may have heard there will be a new Ministerial Order from 1 July 2022 (MO 1359), that imposes on schools new child safety requirements that align with the 2022 Child Safe Standards.

Moores has already written extensively on the new MO 1359 to help schools prepare:

• MO 1359 Part 1: The definition of “school environment”
• MO 1359 Part 2: Empowerment of Students
• MO 1359 Part 3: Broader diversity, equity and culturally sensitive requirements
• MO 1359 Part 4: What are risk controls and risk treatments under MO 1359?
• MO 1359 Part 5: Family Engagement and Summary of MO 1359 Series

Recordkeeping policy requirement

MO 1359 imposes a new requirement on schools in Victoria to:

“develop a policy or statement that details the processes the school has in place to meet Public Records Office Victoria Recordkeeping Standards.”

Public Records Office Victoria (PROV) is the archive of the state and local government in Victoria, and sets mandatory recordkeeping standards and provide support and advice on recordkeeping to state and local government. MO 1359 now imposes these recordkeeping standards on independent and Catholic schools.

Schools will need to review their internal recordkeeping, information handling and data security measures to ensure they meet PROV Standards. For example, in response to the Royal Commission into Institutional Responses to Child Sexual Abuse, PROV introduced a new standard, PROS 19/08. This standard requires organisations, in relation to records about organisational responses to child sexual abuse, to:

• indefinitely retain records about the development of policy, strategy and procedure;
• retain reporting and investigation records for 99 years; and
• retain training and development records for 45 years.

It is likely schools will need to adopt a Retention and Destruction Policy, as well as emphasise data security measures, to meet PROV standards. When considering recordkeeping practices, it is important to consider the impact on individuals’ privacy.

MO 1359 also requires:

• school staff and volunteers to understand their obligations on information sharing and recordkeeping; and
• the school governing authority ensures training for staff and volunteers includes guidance on those information sharing and recordkeeping obligations.

Online safety

Another new and distinct policy requirement of MO 1359 is that schools:

“develop and endorse a policy or statement on online conduct and online safety that is consistent with the child safety and wellbeing policy and practices and child safety code of conduct of the school.”

This echoes the growing focus on child safety in the online environment. Moores recently published some tips for improving online safety for schools and other organisations working with children. In February, Safer Internet Day drew attention to recent work by the eSafety Commissioner to tackle child sexual abuse, cyberbullying and image-based abuse.

Schools may be able to adapt current cyberbullying or ICT policies to also be the “policy or statement required”. It means these policies need to be imbued with child safety considerations, to align your schools’ approach to child safety in the online environment with other practices, policies and behavioural expectations.

How we can help

As education, child safety and privacy experts, Moores can help your school develop these new policy requirements ahead of 1 July 2022. We can also help you to review internal procedures and practices to ensure there is a holistic, and top-down, bottom up approach to child safety – which now, more than ever, includes recordkeeping and online safety considerations.

If you would like more information about online safety and privacy, you can watch the recording of our free webinar presented on 3 May 2022 for Privacy Awareness Week.

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Privacy Law is the body of legislation and case law which regulates the handling of ‘personal information’. This includes the collection, use, disclosure, storage, destruction, and de-identification of ‘personal information’.

Organisations, including Not-for-profits, must comply with Privacy law if either:
a) they have a turnover of $3M or more; or
b) they provide a health service.

To help organisations comply with Privacy Law, Moores has released its 2022 Privacy Toolkit which includes an updated Privacy Guide plus an additional resource Your guide to a compliant Privacy Policy. This toolkit is available for download from our website and will assist your organisation in taking the first steps towards privacy compliance.

Click here to download the Toolkit.

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Today, the Department of Education and Training Victoria (DET) and Commission for Children and Young People (CCYP) published new resources to support education providers to implement the new standards in time for the 1 July 2022 compliance deadline.

These resources include:

• DET guides for each standard;
• new non-government school Child Safety Action List; 
• CCYP resources; and
• updated guidelines to the Minimum Standards.

Links to these resources and further information is available here.

Of note for independent and Catholic schools, the non-government Child Safety Action List provides links not only to the relevant Child Safe Standard but also to VRQA resources and CECV resources which apply in various Dioceses.

The updated guidelines to the Minimum Standards (taking effect in July 2022) will replace the January 2022 version and replace references to Ministerial Order 870 with references to Ministerial Order 1359. It is important to note that schools which are completing their 5 year review prior to July must still meet the requirements of Ministerial Order 870, even as they prepare for Ministerial Order 1359.

Want more information? See our online safety webinar recording as we take a deep dive into online safety – a core requirement of the new standards – as part of the recent Privacy Awareness week. 

Moores is also conducting a webinar on 10 May 2022 on the new Child Safe Standards. To sign up and for more information, click here.

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On 25 February 2022, the Australian Information Commissioner and Privacy Commissioner, Angelene Falk made a decision that an organisation had interfered with an individual’s privacy by breaching Australian Privacy Principle (APP) 12.

The decision confirms that organisations cannot simply “fob off” information requests on the basis that providing the information would unreasonably impact the privacy of another person.

The facts

The organisation concerned was a hospital where the individual had surgery. The individual requested access to their personal information held by the hospital, but the hospital refused to provide access because:

1. the material also contained personal information about other individuals and therefore, the provision of material would have an unreasonable impact on the privacy of the other individuals (APP 12.3); and
2. it was not possible to provide access in a way that could meet both parties’ needs (APP 12.5).

The Privacy Commissioner disagreed with these reasons and declared there had been an interference with privacy and required the hospital to certify in writing that it had provided all information requested. No financial penalty was ordered.

What is APP 12?

APP 12 gives all individuals the right to request access to personal information about them held by organisations subject to the APPs. When individuals make an Access Request, organisations must provide access to the requested information within a reasonable period of time, unless an exception applies. This means organisations may be required to provide information that might be damaging, embarrassing or simply burdensome to collate; as these are not exceptions to APP 12.

The Office of the Australian Information Commissioner (OAIC) provides more detail regarding APP 12 here.

Lessons for your organisation

• If your organisation provides a health service or holds any health information (exempt employee records), the small business exception for organisations with an annual turnover of less than $3 million does not apply and your organisation is subject to the requirements of APP 12 – regardless of your annual turnover.
• Individuals can make Access Requests by phone – they do not need to be in writing. Individuals can also expand the scope of the Access Request. When handling Access Requests, it is best practice to acknowledge receipt of the request and confirm what information the Access Request is requesting.
• Organisations are expected to consult the individual to try to satisfy the Access Request, including the format in which the information is requested.

Redacting names and other information

• If you choose to refuse access to all information entirely (i.e., not redact) on the basis that it would be unreasonable to disclose the names or identity of staff involved, you need to be able to explain why redaction of the identifying details would not be sufficient to remove the unreasonable impact on those other individuals.
• Under the APP 12.3(b) exception, you need to be able to explain the impact of disclosing those names, and why that impact would be unreasonable.
• Where the personal information is someone’s observations of what they heard and saw in relation to the person requesting access (such as an Incident Report), it is not unreasonable for the person requesting access to have this information because this information is about them.

Example

If you are a school that is keeping incident reports that contain personal information about a student, it may be unreasonable to refuse to provide access to this information to the student (or their parents) for the reason of protecting the identity of the teacher involved. However, mandatory reporting does have protections for the identity of mandatory reporters. You will need to balance up the privacy rights of the student, with any other legal obligations of confidentiality.

How we can help

If you receive an Access Request, Moores can help by:

• explaining your legal obligations as they specifically relate to your organisation and the Access Request;
• explain what exceptions or confidentiality requirements may apply to the information subject to the specific Access Request;
• compile the Access Request and redact documents for you; and
• provide you with a step by step guide, explaining how to respond to the Access Requests, and a procedure to follow in future.

More information about our Privacy Expertise is here, or reach out to one of our Privacy Team.

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Moores is delighted to announce the recent appointment of James Dimond as Special Counsel, where he has joined as a leader of the highly regarded Estate Litigation team.

James brings to Moores over 10 years’ experience working exclusively with private clients in succession law. He has extensive experience across all aspects of Wills and Estates, with a particular focus on resolving complex disputes regarding estates, trusts, superannuation and Guardianship and Administration; a focus which he will continue at Moores.

As an LIV Accredited Specialist in Wills and Estates, James is the fifth member of the Private Clients team at Moores to have achieved this qualification. James is also a Full Member of the Society of Trust and Estate Practitioners (STEP).

Speaking of his recent appointment, Lachlan McKenzie, Practice Leader in the Private Clients team, said “James is the perfect addition to the depth of expertise already present in the Estate Litigation team – his knowledge of the area, staunch advocacy for his clients and his ability to achieve effective outcomes is already well established and highly regarded by his peers across the field. We’re wrapped to have him on board.”

When asked ‘why Moores?’, James said “In my line of work, you work up-close with and against many lawyers and firms in various challenging scenarios. I had a very high regard for Moores’ Private Clients team from afar for some time and how they went about their work – so I decided to become a part of it.”

We’re thrilled to welcome James to our Moores Community.

To find out more, or to get in touch with James, please do not hesitate to contact us.

On 12 November 2021, the Victorian Law Reform Commission (VLRC) released its report entitled “Improving the Response of the Justice System to Sexual Offences” (the Report). The VLRC has produced a comprehensive reform package to improve the way the justice system responds to sexual offences. Multiple recommendations were made in the report, many of which have been accepted by the Victorian government.

In this article, we discuss the VLRC’s recommendation that Victoria adopt a model of “affirmative consent” and explicitly criminalise stealthing, and what this means for schools, as well as other organisations working with children, young people and other vulnerable people.

This is the third in a series of articles by Moores about the VLRC’s Report. Click here for an overview of the Report’s recommendations and here for guidance to organisations on facilitating reporting of sexual abuse.

What has the VLRC recommended?

The VLRC has recommended that the Victorian Government review the definition of consent under section 36 of the Crimes Act 1958 (Vic) (the Crimes Act) and the fault element of “no reasonable belief in consent” under section 36A of the Crimes Act with the aim of moving towards a stronger model of affirmative consent.

In doing so, Victoria’s consent laws will fall into line with those in New South Wales (who passed affirmative consent legislation last year) and Tasmania. The Australian Capital Territory has also committed to introducing such legislation, whilst a review of Western Australia’s consent laws was announced earlier this year.

The VLRC has recommended that the Victorian Government should:

• formulate a requirement for a person to ‘take steps’ to find out if there is consent;
• consult widely with members of communities and stakeholders;
• deliver training and education for people working in the criminal justice system on the reforms; and
• deliver community education and programs on the reforms.

The VLRC has also recommend that section 36(2) of the Crimes Act be amended to include a new circumstance in which consent is not given by a person where, having consented to sexual activity with a device to prevent sexually transmitted infections or contraceptive device, the other person does not use, disrupts or removes the device without the person’s consent. The effect of this amendment would be to make explicit that such action, colloquially known as “stealthing”, is a crime.

The Victorian Government has committed to implementing these changes, and legislation to give effect to these reforms is expected this year.

What do consent laws in Victoria currently require?

Broadly speaking, if a sexual assault case goes to trial, the state of mind of both the complainant and the accused is relevant to the proceeding. The prosecution must prove that:

1. the complainant did not consent; and
2. the accused did not reasonably believe that the complainant was consenting.

Section 36(1) of the Crimes Act provides that consent means “free agreement”. Section 36(2) outlines a non-exhaustive list of circumstances in which a person does not consent to an act. Section 36(2)(l) (as well as section 34C(2)(k)) state that a person does not consent if “the person does not say or do anything to indicate consent to the act”.

Section 36A(1) of the Crimes Act provides that whether or not a person reasonably believes that another person is consenting to an act depends on the circumstances. Section 36A(2) provides that the circumstances include any steps that the person has taken to find out whether the other person consents the act.

These provisions are said to codify what has been termed the “communicative model” of consent, and requires communication of consent. However, the current model falls short of imposing a positive requirement for a person to take steps to find out if there is consent.

What do the recommendations mean for schools?

All primary and secondary schools will be required to comply with the new Ministerial Order 1359 (MO 1359) which replaces Ministerial Order 870 (MO 870) and comes into effect on 1 July 2022. MO 1359 goes beyond the requirements of MO 870, effectively supercharging the requirement for schools and school boarding premises to create strategies to promote child empowerment and participation.

Specifically, clause 7 requires the school governing authority and school boarding premises governing authority (where relevant) to ensure students are offered access to sexual abuse prevention programs and to relevant related information in an age-appropriate way.

We recommend that schools review their education curriculum on consent, having particular regard to its quality, appropriateness, accessibility, and timeliness. Further, although the laws on affirmative consent are yet to be introduced, we recommend that schools start to use affirmative consent as a framework for teaching young people about consent, if they are not doing so already.

What do the recommendations mean for organisations working with vulnerable people?

Organisations working with children and vulnerable people, should ensure they provide education in relation to legislative amendments on affirmative consent when enacted, and promote the empowerment of vulnerable people within the organisation.

This is especially relevant for Disability Service Providers. The Royal Commission into Violence, Abuse, Neglect and Exploitation of People with a Disability (the Disability Royal Commission) has provided alarming information in relation to the horrendous abuse of people with a disability. The Disability Royal Commission found that women with a disability were almost twice as likely to experience sexual abuse than women in the general population.

The NDIS Code of Conduct requires workers and providers who provide NDIS supports to take all reasonable steps to prevent and respond to sexual misconduct. A vital part of preventing sexual misconduct in many organisations is through education and the empowerment of those connected to the organisation. It is also critical that organisations have appropriate complaint handling processes to respond to allegations of sexual misconduct and limit barriers to reporting.

How we can help

Moores can offer a variety of services to assist organisations to safeguard children and vulnerable people. Some of the services we offer include:

• Delivering training and education to schools and organisations working with children and vulnerable people.
• Audit and gap analysis of documentation and implementation of organisational policies and procedures in relation to safeguarding.
• Preparation of policies and procedures and advice on implementation across the organisation.
• Supporting organisations to respond appropriately to allegations of sexual misconduct, including through the conduct of independent and trauma-informed investigations and compliance with legislative reporting schemes.
• Assisting organisations to comply and promote best practice in safeguarding.

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The Victorian government recently announced the launch of the ‘Victorian sick pay guarantee scheme’ for casual and contract workers. The first of its kind, the scheme will provide paid personal and carer’s leave to casual and contract workers who are otherwise often ineligible for paid time off when unwell or have to care for a family or household member.

Secure work Pilot scheme – paid personal leave

Following a consultation process since the announcement of the move to provide casual workers with paid sick leave in late 2020, the Victorian government announced the launch of the scheme in mid March 2022. The consultation process heard from employers and employees and the impact on the lack of availability of paid leave to cover absences due to illness/injury.

The consultation process heard that 84% of casual workers reported attending work even while sick.

That took on particular significance during the COVID-19 pandemic when workers were encouraged to stay home if unwell due to COVID-19. However, the practical reality of a loss of pay meant that some employees made choices that contradicted the public health advice. The scheme will operate for employees deemed in occupations vulnerable and vital.

Operation of the scheme

The scheme will initially operate for two years and be fully funded by the Victorian Government.

Eligible casual employees and contract workers will be entitled to:

• Five days paid personal/carer’s leave.
• Paid at the minimum wage rate.

Employees are to apply to the scheme directly for payment. Eligibility can be for personal illness/injury or that of a family or household member (as defined in the National Employment Standards). Employees have 60 days after their absence to make a claim and can claim for between 3 and 12 hours in a day (subject to a maximum of 38 hours in any one year).

Eligible employees

Eligible occupations for the scheme are*:

Job	Type of work
Hospitality workers	Providing services to patrons of hotels, bars, cafes, restaurants, casinos and similar establishments.
Food preparation assistants	Preparing food in fast food establishments, assisting food trades workers and service staff to prepare and serve food, cleaning food preparation and service areas.
Food trades workers	Baking bread and pastry goods; preparing meat for sale; planning, organising, preparing and cooking food for dining and catering establishments.
Sales support workers	Providing assistance to retailers, wholesalers and sales staff by operating cash registers, modelling, demonstrating, selecting, buying, promoting and displaying goods.
Sales assistants	Selling goods and services directly to the public on behalf of retail and wholesale establishments.
Other labourers who work in supermarket supply chains	Including workers who fill shelves and display areas in stores and supermarkets; load and unload trucks and containers; and handle goods and freight.
Aged and disability carers	Providing general household assistance, emotional support, care and companionship for aged and disabled persons in their own homes.
Cleaners and laundry workers	Cleaning vehicles, commercial, industrial and domestic premises, construction sites and industrial machines, and clothing and other items in laundries and dry-cleaning establishments.
Security officers and guards	Providing security and investigative services to organisations and individuals, excluding armoured car escorts and private investigators.

Will other states follow?

Victorian employees are largely covered by the federal industrial relations system including the Fair Work Act 2009 (Cth) (FW Act) including modern awards and enterprise agreements. The Victorian initiative supplements the entitlements provided by the national framework. They do not form part of the National Employment Standards (in the FW Act).

Other states may follow but may want to see how the pilot operates before embarking on similar schemes. There is also complexity where state entitlement initiatives operate in conjunction with federal entitlements.

So, what do I need to do?

1. Check if your staff are affected by the new classifications and transition their arrangements.
2. Update payroll system changes required for the pay rates and allowance changes.
3. Communicate any change required to employees.

How Moores can help

Transitioning staff to the new classification system might not be smooth sailing. We can set you on the right path if you experience a few bumps in the road with identifying the correct classification or your employee disputes their new classification.

It is always better to be on the front foot if you identify a potential misalignment with the Award. Get in touch with the workplace relations team at Moores if you need support and advice.

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