Moores | News | Lawyers & Solicitors, Melbourne | Moores

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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- NDIS / 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
18 October 2019
Failing to correctly roll out School enrolment docs and fee increases means parents aren’t bound
A recent Supreme Court Decision highlights the risk to schools of using enrolment documents which don’t provide sufficient protection, after finding a school was unable to recover unpaid tuition fees from parents.
It’s an issue we see frequently: simply rolling out new terms and conditions does not mean all parents are bound. Many schools are – or have just advised of – fee increases. Do these notifications actually form part of the binding enrolment agreement?
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- Education & Early Childhood
18 October 2019
New eSafety Report raises child safety concerns for image-based abuse
In an eye-opening new report released in September 2019 (the Report), the eSafety Commissioner revealed that since it started accepting reports around 18 months ago, it has received 1,400 reports of image based abuse.
The new report demonstrates the importance of considering technology when creating a child safe culture. It is a strong message to schools and other organisations that work with children that they must cover all their bases when ensuring the safety of children, including the electronic bases.
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- Child Protection / Safety
- Education & Early Childhood
16 October 2019
Testamentary Trusts and Concessional Tax Treatment – Changes Afoot?
Testamentary trusts qualify for an income tax concession in respect of income derived and paid for the benefit of minor beneficiaries. This means that children are taxed at adult rates on income they received and that has been derived from the trust, as opposed to the standard penalty rates that apply to children.
In the 2018-19 Federal Budget, it was announced that the Income Tax Assessment Act 1936 (“ITAA”) would be amended to clarify the application of this concession.
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- Estate Planning & Structuring
11 October 2019
Labour hire licensing deadline looms – Act now!
Labour hire providers only have until the end of October to hold, or have applied for, a licence to continue to operate in Victoria. The Labour Hire Licensing Act 2018 (Vic) (Act) was introduced for the purpose of protecting vulnerable labour hire workers from exploitation. If your business is captured by the Act, there are significant penalties for continuing to operate without having applied for or been granted a licence…
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- Workplace Relations
26 September 2019
Three Golden Rules for dealing with International Assets in an Estate Plan
As we move towards becoming global citizens it is increasingly common to have to deal with assets outside Australia as part of the estate planning process. While a Will can be drafted to apply to a Willmaker’s worldwide assets, it is important to carefully consider whether this is the most appropriate approach.
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- Estate Planning & Structuring
18 September 2019
Religious Discrimination Bill 2019: A Case to Answer?
In response to the current debate around the protection of religious freedoms, the federal Government released a suite of legislative reforms for public consultation recently. The reforms were made up of three Bills. Politicians, the media and advocacy groups have all added their voice to the chorus of responses – but what would the actual impact of the Reforms be on organisations?
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- Not-For-Profit
- Workplace Relations
18 September 2019
Does your charity need approval to fundraise?
The Australian Charities and Not-for-profits Commission (ACNC)’s Annual Information Statement (AIS) provides for charities to disclose whether they intend to fundraise in the next reporting year and if so, in which jurisdiction.
Many charities are still unaware of the scope and impact of Australian fundraising laws, which differ in every Australian jurisdiction. Below we have set out some considerations for charities carrying out fundraising activities.
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- Not-For-Profit
18 September 2019
Employee finger print scanning and privacy implications
Many employers have operated on the assumption that, because employee records are exempt from the Privacy Act, employers have significant freedom when dealing with employee privacy.
A recent Fair Work Commission decision from the Full Bench has clarified this is limited. The case also gave rise to interesting considerations around an employer’s ability to issue a lawful and reasonable direction for drug and/or medical testing.
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- Privacy
- Workplace Relations

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