Insights Categories: Governance, Regulation & Compliance

Sep 4, 2019

INSIGHT: Family Day Care – Compliance and Policies and Procedures

Approved providers of family day care services will be aware that their State Regulatory Authority is responsible for regulating early childhood education and care services and for enforcing compliance with the Education and Care Services National Law (National Law) and the Education and Care Services National Regulations (National Regulations) applicable in each State. It is […]

Feb 25, 2019

INSIGHT: A reminder: Child Care providers in Victoria, now subject to the Victorian Reportable Conduct Scheme

The new laws which applied from 1 January 2019, regulate the way in which employers in the child care industry identify, investigate and respond to all child safety allegations. The laws apply to all Victorian approved child care providers under the Education and Care Services National Law Act 2010 (Vic) and any children’s service under […]

Feb 14, 2019

INSIGHT: Six axioms emerging from the Hayne report

A preliminary analysis of the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry. As foreshadowed in our previous Financial Services Insight, which deals with the Interim Report, the period of public hearings has been completed and Commissioner Hayne released the Commission’s Final Report on 4 February 2019. The Final Report includes […]

Oct 9, 2018

INSIGHT: Financial Services Royal Commission – The Interim Report – Emerging Regulatory Themes

The Interim Report of the Financial Services Royal Commission was tabled in Parliament on 28 September 2018. There has been much speculation about the potential nature of the findings and recommendations arising from the public hearings. The evidence of misconduct in the banking, superannuation and financial services industry, in some sectors and in specific instances, […]

May 14, 2018

INSIGHT: What to consider when you buy a Fitness Franchise

Franchise systems are prevalent in the Fitness Industry. Buying a franchise has a number of advantages, such as the association with an established and reputable brand or service, assistance with setting up elements of the franchise, initial management training and ongoing support via established policies and procedures, and access to existing business systems. These advantages […]

May 14, 2018

INSIGHT: Fair Go! Are your standard contracts unfair?

The Federal Court in ACCC v JJ Richards & Sons has provided guidance on what may constitute an unfair contract term in a small business contract. As of 12 November 2016, statutory protections in the Australian Consumer Law (ACL) against unfair contract terms in standard form consumer contracts was expanded to include small business contracts […]

May 14, 2018

INSIGHT: Assigning your Commercial or Retail Lease

Premises are one of the most expensive outlays of any business, however do you understand your lease? As the tenant, dealing with any landlord is often a David vs Goliath affair, especially in a major business transaction such as selling your business and assigning your lease.  A very costly but common scenario is one where […]

May 14, 2018

INSIGHT: Charities Unclear and Uncertain about Disclosure of Political Donations and Expenditure

Important changes to funding and disclosure laws which apply to charities are on the horizon under proposed changes to Commonwealth Electoral Act 1918 (‘Electoral Act’). Non-party Political Actors Under the Electoral Legislation Amendment (Electoral Funding and Disclosure Reform) Bill 2017 (‘the Bill’) which was introduced into Commonwealth Parliament late last year, a new regulatory regime […]

May 14, 2018

INSIGHT: Are you prepared for the mandatory data breach notification regime?

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 any businesses with an Australian link and a continued presence in Australia. Under the new law, if a business is the subject of an ‘eligible data breach’ then if a […]

Oct 5, 2017

INSIGHT: Proposed new Insurance Code of Practice for Superannuation Trustees

On 20 September 2017, the Insurance in Superannuation Working Group (ISWG) released a draft Insurance Code of Practice for Superannuation Trustees (Code). The objective of the proposed Code is to improve the insurance in superannuation offered to fund members and to regulate group insurance in superannuation, particularly its automatic issuance on an opt-out basis. The […]

May 15, 2017

INSIGHT: Impact of Federal Budget on the financial services sector

Overview: The Commonwealth Government’s 2017–2018 Budget initiatives released on 9 May will target three principal regulatory components in the financial services sector over the short and longer term, in particular: reforms to dispute resolution capturing financial services, superannuation, trustee services, banking, finance and insurance expanding the powers of the Australian Prudential Regulation Authority (APRA) relating […]

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