COVID-19 | Mandatory vaccination in the education sector in Victoria – medical exemptions
The Chief Health Officer has received reports from some general practitioners that they are facing significant pressure from a small minority of people who do not want to be vaccinated for reasons other than the limited medical exemptions that exist. There have also been patients who are attending multiple clinics seeking an exemption. In response, […]
ReadmoreKeeping it casual? Think again!
You have no doubt heard about the landmark decision in WorkPac Pty Ltd v Skene[1], where the Full Court of the Federal Court (Full Court) found that a casual employee was a permanent employee entitled to annual leave payments. In this article we have summarised the decision and outlined the important practical implications for many […]
ReadmoreNo Jab, No Play requirements tightened
The Victorian Government has tightened the “No Jab, No Play” laws by banning early childhood services from accepting letters from doctors excusing children from immunisations. Since 1 January 2016, early childhood services have been required to obtain evidence of a child’s immunisation history, as part of the Victorian government’s no jab, no play policy. Specifically, […]
ReadmoreFamily and Domestic Violence Leave
As a part of the four yearly review into modern awards, a Full Bench of the Fair Work Commission (FWC) has decided to provide award-covered employees experiencing family and domestic violence with an entitlement to five days’ unpaid leave per annum. The Australian Council of Trade Unions sought an uncapped amount of family and domestic […]
ReadmoreData breaches by aged care providers – complying with the Mandatory Data Breach Scheme
Aged care providers will be subject to the Notifiable Data Breach scheme which requires organisations, including residential and home care providers, to mandatorily report eligible data breaches to the Office of the Australian Information Commissioner begins on 22 February 2018. An eligible data breach will occur if: there is unauthorised access to, unauthorised disclosure of, […]
ReadmoreEmployee unfairly terminated after suspension of WWC Check – schools must take a cautious approach
Schools should tread carefully when considering whether to terminate the employment of a teacher or other employee whose Working with Children Check has been suspended because of pending criminal charges. A recent case before the Fair Work Commission, following a series of similar cases in New South Wales, concerned a teacher whose employment was terminated […]
ReadmoreData breaches by schools – complying with the Mandatory Data Breach scheme
The Notifiable Data Breach scheme which requires organisations, including schools, to mandatorily report eligible data breaches to the Office of the Australian Information Commissioner begins on 22 February 2018. An eligible data breach will occur if: there is unauthorised access to, unauthorised disclosure of, or loss of, personal information held by the school; and a […]
ReadmoreSchool uniform policy found to be discriminatory on religious grounds
A Melton Christian school has been found to have discriminated against a young Sikh student because its uniform policy explicitly required boys to have short hair and did not permit students to wear any head coverings related to a non-Christian faith. The student, who was 5 years old, had uncut hair and wore a head […]
ReadmoreWWC Checks – changes to strengthen protections but is a WWC Check enough for schools?
From 1 August 2017 changes came into effect to increase the protection for children by broadening the type of contact with children for which a working with children check is required. However, schools should carefully consider whether in all cases relying only on a WWC Check is enough. Prior to the changes, a WWC Check […]
ReadmoreReportable conduct scheme – Principals obliged to ensure School policies are compliant
From 1 July 2017 school Principals will be obliged to ensure compliance with the Reportable Conduct Scheme introduced by amendments to the Child Wellbeing and Safety Act 2005. The Scheme will be administered by the Commission for Children and Young People, including by overseeing investigations or conducting investigations itself. School Principals will be obliged to […]
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