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 Welcome 
 Although it may say I’m Yvonne (administrator), it’s
actually me, Luke. I’ll be facilitating the webinar today.
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Luke Addinsall
Law - The basics
In Australia we have three arms of government that
impact on our legal framework:
Legislature : The legislature = parliament democratically-elected representatives from around
Australia.
Executive: Administrative arm of government, made up
of government employees (the public service). The
executive puts laws into operation and upholds laws
once they have begun to operate.
Judiciary: The legal arm of the government – courts
(The High Court being the highest court in Australia)
Law - The basics:
Two different ways legal decisions are influenced:
 Statute /Civil Law (created by government –
legislation – e.g. The Privacy Act 1988)
 Common law (decisions made in court – influence
of precedence etc.)
Legislation (The Act)
Guidelines/standards
Organisational
Policy
Practice
Legislation relevant to Vic CS sector
Think of legislation that relates to your workplace...
 OH&S (or WHS if thinking nationally)
 Wrongs Act (Duty of Care and Negligence)
 EEO legislation (Equal Opportunity Act 2010 and federal
anti-discrimination laws, Occupational Health and Safety
Act 2004, as well as federal workplace laws like the Fair
Work Act 2009, the Equal Opportunity for Women in the
Workplace Act 1999 and the Public Service Act 1999).
 Governance Legislation (for Incorporated Associations)
 Fund raising legislation (Fund Raising Appeals Act 1988)
 Privacy Act 1988 (confidentiality)
Mandated responsibilities
Child protection
Domestic Violence
Mental Health
Guidelines, standards & principles
Policies and Procedures
 In addition to legislation and standards/codes etc.
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there are usually policies and procedures within
organisations that assist staff to manage legal and
ethical obligations.
Are you familiar with your workplaces OHS policies
and procedures?
Are you adhering to EEO legislation when you employ
someone?
How do P&P’s affect your day-to-day operations?
Does anyone have an example?
The link between legislation & policy
 Is anyone aware of legislation that has
directly influenced specific policies and
procedures within their work environment?
 When developing policies has anyone
sought relevant legislation to guide the
process?
 Has anyone sought legislation as a reference
point in times of conflict or dilemma?
Examples:
 Is your client confidentiality policy
directed or influenced by federal and/or
Victorian legislation?
 Would you know if it was?
 Should legislation be referenced in our
policies and procedures so we know and to
ensure when updating/reviewing policy we
know which legislation to review (for
changes)
Confidentiality and Privacy
 At the federal level, the Privacy Act 1988 (Cth), Privacy
Amendment (Private Sector) Act 2000 (Cth) and the Privacy
Amendment Act 2004 (Cth) deal with privacy protection
issues by both government and non-government agencies.
 In Victoria, two Acts cover how this information is
handled. The Information Privacy Act 2000 (Vic) deals with
collection and handling of personal information (except
health information) in the public sector. The Act provides
rights to individuals to access and correct their personal
information, and applies to all Victorian state schools and
their funded service providers.
Confidentiality and Privacy cont.
 The Health Records Act 2001 (Vic) came into effect
from 1 July 2002 and deals with personal information
relating to health in both the public and private
sectors. Both government and non-government
schools are obliged to abide by the provisions of the
Act, which appears to protect all identifying
information about the health and disability of staff
and students, their medical conditions and treatment.
(For general information on privacy issues, see:
Chapter 21*5 Privacy Rights).
 References:
 The Law Handbook (Fitzroy Legal Service Inc.)
 http://www.humanrightscommission.vic.gov.au/
Homework:
 Duty of Care & Neglect
 How is this managed in your state legislatively?
 Are you aware of your Duty of Care as defined
within the legislation?
 What is neglect?