Insights Sectors: Community

The Notifiable Data Breaches (NDB) scheme was introduced in February 2018 to improve consumer protection and security relating to personal information. The Office of the Australian Information Commissioner (OAIC) recently released its half-yearly Notifiable Data Breaches Report (NDBR) for the period from 1 January to 30 July 2020. The NDBR provides detail around the causes […]

Education and care providers will be aware that they are under a duty to adequately supervise children both when they are awake, and when they are asleep. Providers are also under duty to take every reasonable precaution to protect children from harm and hazard, and to ensure that their policies are being followed. The content […]

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 […]

Under section 72 of the National Disability Insurance Scheme Act 2013 (NDIS Act) the Chief Executive Officer of the National Disability Insurance Agency (CEO) has a discretion to revoke the approval of a registered provider of supports under the NDIS Act. The CEO may revoke the approval if satisfied that: the person or entity no […]

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 […]

On 16 September 2018 the Prime Minister, Scott Morrison, announced that he will ask the Governor General to establish a Royal Commission to examine the quality of care in residential and home care services provided to senior Australians and also younger persons with disabilities who are living in residential aged care. The Terms of Reference […]

An expansion of claims for loss of earning capacity. The High Court of Australia has held that a superannuation pension can be included in the calculation of damages in a negligence action. [1] The 71 year old plaintiff, Mr Latz, was diagnosed with terminal malignant mesothelioma, in October 2016.  He issued proceedings against Amaca Pty […]

2 July 2018 saw a huge change in the practical and legal governance of child care benefits across Australia with the introduction of the new Child Care Subsidy (CCS) and removal of Child Care Benefit and Child Care Rebate. CCS continues to be regulated by the A New Tax System (Family Assistance) Act 1999 and […]

In the wake of the “Betrayal of Trust Inquiry” the Victorian government is rolling out wide ranging new legislative amendments[1] in the form of the Reportable Conduct Scheme (the Scheme).  These changes aim to strengthen organisational responses to child abuse allegations, and ensure systems are in place to prevent child abuse. Changes include strict reporting and […]

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 […]

The term ‘not-for-profit’ describes a range of organisations that are bound together by a purpose to achieve a public, social or community outcome, not for the profit or gain (either direct or indirect) of its individual members. Legal structure The term ‘not-for-profit’ does not indicate any specific type of legal structure and there are a […]