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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 100^th birthday (Dec 19^th) without you! Share

	Work Health & Safety Harmonisation – WA Finally Gets on Board Private: Mike Baldwin Special Counsel Michael Morgan Lawyer \| Consultant (Safety & Employment) WA is finally getting on board with the national Work Health and Safety (WHS) harmonisation laws after much discussion and several attempts since 2012. More › Service Not Required to Trigger an Entitlement to Leave and the Importance of the Fine Print Private: Mike Baldwin Special Counsel Stephen Williams Managing 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. More › Anti-Phoenixing Reforms are Still Circling… Private: 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. More › Dignity of risk vs Negligence – What is an Aged Care Provider’s Duty of Care? Private: 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. More ›

Kott Gunning

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The information published is of a general nature and should not be construed as legal advice. While we aim to provide timely, relevant and accurate information, the law may change and circumstances may differ. You should not therefore act in reliance on it without first obtaining specific legal advice. Liability limited by a scheme approved under the Professional Standards Legislation.