September 2019

Work Health & Safety Harmonisation – WA Finally Gets on Board
Service Not Required to Trigger an Entitlement to Leave and the Importance of the Fine Print
Anti-Phoenixing Reforms are Still Circling…
Dignity of risk vs Negligence – What is an Aged Care Provider’s Duty of Care?

Welcome to our Spring Legal Update for our clients, business partners and other interested parties. We hope you enjoy reading it.

In news from around the firm, our longest serving team member Laurie James AM recently retired. Laurie commenced his articles with Kott Gunning way back in 1963 – an incredible 56 years later we are wishing Laurie well for his retirement. Thank you Laurie, you’ve made an immense difference to our firm and to the legal profession at large.

Recent legislative changes that are keeping us busy around the firm include the harmonisation of WHS laws (WA has finally got on board), significant positive changes for strata owners and managers, and the introduction of the Aged Care Quality Standards (Standard 1: Consumer Dignity and Choice is discussed in some depth in this Legal Update).

Thank you for your continued support of Kott Gunning – we wouldn’t be drawing closer to our 100th birthday (Dec 19th) without you!

Work Health & Safety Harmonisation – WA Finally Gets on Board

Mike Baldwin
Special Counsel

Mike Morgan
Legal Intern

WA is finally getting on board with the national Work Health and Safety (WHS) harmonisation laws after much discussion and several attempts since 2012.
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Service Not Required to Trigger an Entitlement to Leave and the Importance of the Fine Print

Mike Baldwin
Special Counsel

Stephen Williams
Partner

The case of CFMMEU v North Wambo Pty Ltd t/as Peabody Energy Australia [2019] FWC 7732 has again raised the often confusing issue of leave accrual in the case of absence through injury.
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Anti-Phoenixing Reforms are Still Circling…

Tom Darbyshire
Partner

This article provides an update on the progress of the Commonwealth Government’s anti-phoenixing legislation, which has been reintroduced to Parliament after lapsing earlier this year due to the Federal election. 
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Dignity of risk vs Negligence – What is an Aged Care Provider’s Duty of Care?

Conor Breheny
Senior Associate

Consumers of aged care services have the right to choose how they live their lives, even if they participate in activities that puts themselves at risk.
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