Moores | News | Lawyers & Solicitors, Melbourne | Moores

15 November 2019
When can you disclose a student’s counselling or pastoral care records?
This is a question that is becoming increasingly problematic for schools that have to find a balance between fulfilling their duty of care and complying with confidentiality and privacy requirements. This article will set out your legal obligations and answer some common questions in this space.
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15 November 2019
Land tax rules for charities are missing the mark
Land tax rules in Victoria are providing a disincentive to good management of property by charities. And it seems that some charities may be slugged with land tax for trying to be good stewards of their real estate. Until our parliamentary representatives see fit to address this issue, there are some things you can do…
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15 November 2019
Flawed disciplinary process leaves door open for employee’s reinstatement
A recent Fair Work Commission (Commission) decision has highlighted the importance of following a procedurally fair process when terminating an employee’s employment for misconduct, the failure of which can result in an employee’s reinstatement.
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- Workplace Relations
15 November 2019
New child safety legislation passed in Queensland impacts civil liability for organisations
On 23 October 2019, the Queensland Government passed the Civil Liability and Other Legislation Amendment Act 2019 (the Act), with significant implications for child abuse claims against organisations. The reforms are in response to the recommendations by the Royal Commission into Institutional Responses to Child Sexual Abuse (Royal Commission). We are likely to see further legislative changes as states continue to demonstrate their commitment to child safety.
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- Child Protection / Safety
30 October 2019
$3.5m+ award of damages sets new record in child sexual abuse cases
A recent Supreme Court decision highlights the risk of organisations assuming that if a claim of child sexual abuse is successful, Courts will award damages in line with the amounts payable under the National Redress Scheme for Intuitional Child Sexual Abuse.
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- Child Protection / Safety
30 October 2019
What your not-for-profit should consider when entering into MOUs
Memorandums of Understanding (MOUs) seem to be the weapon of choice in the for purpose sector. Commonly used to formalise joint projects and other collaborations between organisations, MOUs are popular because they are perceived to be a quick, informal and simple way to sketch out the terms of a relationship. Organisations need to be aware, however, that these seemingly innocuous documents can lead to confusing situations that might require legal advice to untangle, or leave one party exposed to risk.
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- Not-For-Profit
30 October 2019
Privacy: Protect your information, reputation and staff: recent privacy breach cases and human error
Recent cases and the latest statistics from the regulator demonstrate that human error continues to be a key issue in data breaches, including where these human errors open up opportunity for hacking and other types of cyber-breaches. These cases provide a key lesson for all organisations that data breaches are a very real risk for which many organisations still remain under-prepared.
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- Privacy
30 October 2019
Put the phone down - Dismissing employees by text message unnecessarily callous
The Fair Work Commission (the Commission) has once again cautioned employers against dismissing employees by text message, deeming it rarely appropriate or considerate. Despite text messaging being a now common form of communication, the Commission, in two recent decisions, has described dismissal by text message as repugnant.
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- Workplace Relations
18 October 2019
New Regulations for employees with criminal records and protection from disability discrimination
From 1 October 2019, employers will have greater certainty on when they can reject job applications from people with criminal records. The introduction of the Australian Human Rights Commission Regulations 2019 (Regulations) clarifies that it is lawful for employers to discriminate on the basis of a ‘relevant criminal record’. The Regulations also introduce a more contemporary definition of disability.
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- Disability
- Workplace Relations
18 October 2019
Fair Work Commission visits Moores to talk everything EBAs
Moores recently hosted a seminar alongside staff of the Fair Work Commission (Commission) to discuss the Enterprise Bargaining Agreement (EBA) approvals process and debunk some of mystery around how the Commission assesses applications.
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- Workplace Relations

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