PUBLICATIONS circle 11 Nov 2024

Federal Government in Focus 2024

As a proud member of the Australian Government's Whole of Government Legal Services Panel, we are committed to providing insightful and reliable guidance to federal agencies across a wide spectrum of legal needs.


Our team of dedicated government lawyers possesses a deep understanding of the economic, ethical, legislative, and policy frameworks that underpin governmental operations. With this expertise, we are pleased to introduce Federal Government in Focus - a resource designed to keep agencies informed of key legal developments and equipped to navigate complex challenges with confidence and clarity.

Corporations, Markets and Financial Services

DDO and cryptocurrency margin trading: Credit facility or financial product?

The Federal Court's decision in Australian Securities and Investments Commission v Bit Trade Pty Ltd [2024] FCA 953 confirms that Bit Trade’s margin trading facility is a 'credit facility' under the Design and Distribution Obligations (DDO) Regime. This decision underscores ASIC's increasing regulation of crypto services and the application of existing financial frameworks to the sector.

Private credit industry under ASIC scrutiny: Spotlight on Oak Capital

ASIC has recently launched proceedings against Oak Capital for allegedly engaging in unconscionable conduct to avoid the Consumer Credit Regime.

Digital Governance, Cyber and Privacy

Digital Governance, Cyber and Privacy Quarterly Roundup - September 2024

A regular roundup of recent digital governance news and developments in Australia and across the globe.

The rollercoaster of AI, now with guardrails: Australia’s proposed AI regulations aim to tackle high-risk tech

As AI evolves, legal frameworks  are falling behind and are unable to address AI’s unique risks. On 5 September 2024, Australia introduced voluntary AI Safety Standards and proposed a mandatory framework to regulate high-risk AI, aiming to proactively manage risks across the AI lifecycle.

Australian Federal Government's proposed amendments to the Privacy Act - the long awaited changes are here!

On 12 September 2024, the Federal Government introduced significant amendments to the Privacy Act through the 81-page Privacy and Other Legislation Amendment Bill 2024. Key updates address data protection, regulatory powers and privacy rights.

Transport, Logistics and Ports

Limitation of liability for wreck removal expenses

A shipowner successfully limited its liability for wreck removal costs under the Limitation of Liability for Maritime Claims Act 1999, despite Australia's reservation when adopting the 1976 Convention and the port authority’s standard contractual terms.

Workplace, Industrial Relations and Compensation

Trauma Exposure: 7 Steps for Managing Psychosocial Risks arising from Traumatic Events in the Workplace

Commonwealth workers in emergency services, law enforcement and social support frequently encounter trauma, now recognized as a psychosocial hazard under the Managing Psychosocial Hazards at Work Code of Practice, highlighting employers' responsibility to manage these risks.

Applying the Reasonable Administrative Action Exclusion under the Safety, Rehabilitation, and Compensation Act 1988

If a Commonwealth worker gets injured at work, they are entitled to statutory compensation, including income replacement and reimbursement for hospital and medical expenses until their injuries resolve or stabilise.

New Child Safe Standards in Australian Capital Territory Commenced 1 August 2024

As of 1 August 2024, ten (10) new Child Safe Standards (New Standards) came into effect following amendments to the Human Rights Commission Act 2005 (ACT). The New Standards establish and impose mandatory safeguarding obligations on organisations that work with children and young people.

Prevention is better than cure

Psychosocial injuries are becoming increasingly common among public sector workers, particularly those in community and community-facing roles. In this article, we explore why such workers are at risk, the challenges they face in their roles, the effects of psychosocial injuries on the public sector, and strategies for assessing these risks.

Beyond Box-Ticking: kicking the 'tick-and-flick' approach in favour of effective compliance

It is not sufficient for businesses to implement policies and procedures relating to workplace standards and behaviour without first providing education and training to employees on these policies and procedures. Such training should not only be self-directed or a 'tick and flick' exercise. More is required if an employer wants to rely on such training to discharge statutory obligations and to manage risk. 

Reflections on a year with the National Crime and Anti-Corruption Commission

When the National Crime and Corruption Commission (Commission) commenced operations in July 2023, the referrals flooded in, with a few notable Australian parliamentarians making headlines. Since the commencement of the NCCC what trends are we seeing emerging for the public and private sectors? This article explores that question.

No claim to fame: the benefit of implementing risk management plans

Injury claims are an area of concern for all organisations and the Government is no exception. Claims can result from a wide range of activities so implementing risk management procedures is critical to not only preventing incidents and claims, but to also assist in the defence of any claims if they are made. 

This is commentary published by Colin Biggers & Paisley for general information purposes only. This should not be relied on as specific advice. You should seek your own legal and other advice for any question, or for any specific situation or proposal, before making any final decision. The content also is subject to change. A person listed may not be admitted as a lawyer in all States and Territories. Colin Biggers & Paisley, Australia 2024

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