Insights

In order to be eligible to bring an Unfair Dismissal claim against an employer, an employee must, among other things, have been dismissed at the employer’s initiative. Historically, employees engaged on a term contract were generally not eligible to make an Unfair Dismissal claim as the contract ended due to the effluxion of time rather […]

Published in insuranceNEWS April/May 2018. As has been widely reported, insurer margins are under pressure as a result of increased competition, the availability of excess capacity, and low investment returns. But what is less often considered is the knock-on effect on service providers such as insurance law firms. Insurers cannot absorb increased charge-out rates, and […]

From 1 November 2018 (changed from the initial start date of 1 July 2018), AFCA will start accepting consumer complaints for all financial services and superannuation complaints. The new EDR framework will give consumers access to a single external dispute resolution scheme to resolve all disputes about financial products and services. AFCA will replace three […]

Lending to a small business under a standard form loan contract will be susceptible to new unfair contract terms protections under the Australian Consumer Law and the Australian Securities and Investments Commission Act. The new unfair contract terms protections will apply to all standard form contracts used by lenders entered into or renewed on or […]

From 22 February 2018, mandatory data breach notification will apply to any individual or organisation regulated by the Privacy Act 1988 (Cth). This will affect financial services businesses and foreign financial service providers with an Australian link and a continued presence in Australia. Under the new law, if a financial services business is the subject […]

Recently passed amendments to the Health Administration Act 1982 (NSW)[1] have been celebrated by the NSW government as an improvement to the efficiency and timeliness of Root Cause Analysis systems in NSW health services organisations. The amendments come off the back of extensive consultation with stakeholders, including the NSW Nurses and Midwives Association, Australian Medical […]

In a not uncontroversial decision by the Supreme Court of Victoria late last year, the doorway to statutory privilege over patient medical records – once thought previously unavailable to practitioners facing disciplinary proceedings in the original jurisdiction of the Victorian Civil and Administrative Tribunal (VCAT) – has been unlocked. Dr Kemp was the subject of […]

With national registration of paramedics set to commence later this year, paramedics should start to familiarise themselves with the obligations and responsibilities that come with national registration. As registered health practitioners, paramedics will be subject to the provisions of the Health Practitioner National Law (the National Law) and as such, will be subject to mandatory […]

On Friday 13 April 2018, the Council of Australian Governments (COAG) Health Council meeting of Australia’s health ministers unanimously agreed to amend the mandatory reporting laws in relation to registered health practitioners who seek treatment for impairments including mental health. Since the introduction of the Health Practitioner Regulation National Law, registered health practitioners and students […]

  1. Commission Documentation Brokers should ensure that all commission, remuneration and financial benefit arrangements with insurers is appropriately documented to include: review process dispute process for conflict about remuneration post – termination payments detail of each component of remuneration such as contingent remuneration, monetary or non-monetary benefits, profit share commission, volume bonuses, or any […]