Insights Sectors: Community

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 […]

Sep 4, 2019

INSIGHT: Revocation of registration as a registered provider of supports under the NDIS

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 […]

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 […]

Sep 24, 2018

INSIGHT: Royal Commission into Aged Care Quality and Safety

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 […]

Sep 18, 2018

INSIGHT: Can a loss of superannuation pension form part of a loss of earning claim for a retired claimant?

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 […]

Aug 28, 2018

INSIGHT: Child Care Subsidy Law– An introduction to the new Minister’s Rules and Secretary’s Rules 2017

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 […]

Aug 6, 2018

INSIGHT: High stakes for organisational heads as Victoria introduces new requirements as part of reportable conduct scheme

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 […]

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 […]

Jul 29, 2017

INSIGHT: Choosing the right not-for-profit structure

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 […]

Jun 4, 2017

INSIGHT: How long must you retain child care records in Victoria?

Are you aware that there are stringent requirements to retain child care records and also to implement supporting policies? The regulations relating to the retention of child care records are reflected in the Education and Care Services National Regulations Regulation 177 and 183, which are adopted in Victoria under the Education and Care Services National […]

Jun 1, 2017

INSIGHT: What does mandatory reporting mean for early child care workers?

Vital role of early childcare workers recognised by law reform – ‘Mason’s Law’: Changes to the Child Protection Act 1999 (Qld) reflect the vital role workers in the early childhood sector play in the health and wellbeing of Queensland’s children. These changes will take effect on 1 July 2017. Early childhood carers and educators are […]

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