Spam attack starts

beSpacific reports on the commencement of criminal action in USA against spammers under their CAN-SPAM Act.

The Australian Communications Authority has already been contacting companies which have been the subject of complaints.

 
Digital Agenda Review

The Australian Government's digital agenda copyright reforms are effective and working well, according to an independent report.

Phillips Fox was engaged to analyse key elements of the reforms, which were introduced in 2001 to update Australia's copyright regime and take into account the rapid development of new technologies. Phillips Fox found that "in general, the Digital Agenda Act is achieving its objectives and is working well".

The copyright obligations of Australia's Free Trade Agreement with the United States supersede the recommendations made in the report.

 
New Guidelines for Schools to Manage Student Use of Mobile Phones

The Education Department has issued guidelines on the use of mobile phones, MP3 players, PDA's and other electronic devices at schools.

Schools are advised to ban students from using mobile phones with cameras in change rooms and to discipline students caught using them to bully or to cheat in exams.

 
New government website for small business

The Commonwealth Government has launched a new website that is designed to give small business information in plain, jargon-free English. It is a one-stop-shop for anyone interested in starting a small business or for navigating around local, State and Federal government.

The website provides:
• information on how to register a business, what records to keep and other legal obligations;
• tax, licensing and permit information;
• an online education and training directory;
• information on government programs that assist small business with innovation and R&D funding; and
• information on contracts, employment, fair trading, leases, insurance, credit, debt recovery and finance.

 
Workplace Harassment

The Queensland Department of Industrial Relations has issued an Advisory Standard on Workplace Harassment.

It will take effect on 1 June 2004 and will expire in 5 years.

The advisory standard provides practical advice about ways to prevent or control exposure to the risk of death, injury or illness created by workplace harassment.

For more information see our bullying page.

 
Privacy and government agencies

Commonwealth and ACT government agencies must comply with 11 Information Privacy Principles which are set out at section 14 of the Privacy Act 1988 (Cth).

In X v Commonwealth Agency [2004] PrivCmrA 4 the complainant was assisted by an employee of a Commonwealth Government Agency (the agency) who was also related to the complainant. In the course of the transaction the complainant advised the agency's employee that the complainant was expecting to receive money from a court settlement. The next day the complainant's ex-partner obtained a court order restraining the complainant from accessing that money. The complainant alleged that the agency's employee disclosed to the complainant's ex-partner that the complainant was to receive money from a court settlement.

The agency accepted that it breached IPP 11 but no agrement was reached on a compensation amount.

 
Privacy and tenancy databases

The Federal Privacy Commissioner has issued four complaint determinations that enhance tenants' privacy rights by ensuring that records about their tenancy history are accurate, up to date and can be accessed for a reasonable fee.

The Federal Privacy Commissioner has found that TICA Default Tenancy Control Pty Ltd, which operates one of Australia's largest tenancy databases, has breached the Privacy Act and has ordered its operators to rectify their information handling practices.

The breaches of the Privacy Act relate to TICA over-charging for access to information they hold, not taking reasonable steps to keep information they hold accurate and up to date and holding some information for too long.

The Federal Privacy Commissioner has found that TICA has breached the federal Privacy Act by:

Charging an excessive amount for people to access their tenancy record by mail (Determination 1)
Charging an excessive amount for people to access their tenancy record by telephone (Determination 1)
Failing to have appropriate agreements in place with members to ensure data quality (Determination 2)
Failing to have appropriate measures in place to check the quality of data supplied by members (Determination 2)
Failing to advise tenants that they have been listed on the database (Determination 2)
Failing to have appropriate and effective dispute resolution procedures in place (Determination 2)
Failing to keep personal information accurate and up to date (Determination 3)
Failing to destroy or de-identify personal information that is no longer needed for any other purpose (Determination 3)
Failing to take reasonable steps to ensure tenants are aware what personal information will be collected, to which organisation it will be disclosed and that individuals can gain access to the information (Determination 4)

The Commissioner has ordered TICA to cease and not repeat the practices outlined in his four determinations.

He has also issued a number of recommendations that TICA may wish to implement to remedy their information handling practices including that TICA:

Do not charge tenants excessive amounts to access their information via mail or phone services (Determination 1)
Develop a detailed description of all listing categories in consultation with my Office (Determination 2)
Ensure that database members are aware of and use the newly defined listing categories (Determination 2)
Ensure tenants have access to the listing categories (Determination 2)
Allow tenants to place comments on files where they dispute the reasons for which they were listed (Determination 2)
Continue to conduct weekly random checks of the information they hold (Determination 2)
Commission an independent audit of the accuracy of the information in their databases (Determination 2)
Ensure members advise tenants when they have had an adverse listing placed on their file (Determination 2)
Develop an adequate dispute resolution system (Determination 2)
Delete information when it is no longer needed (Determination 3)
Develop new collection forms that clearly spell out what personal will be collected, to which organisation it will be disclosed to and that individuals can gain access to the information (Determination 4).

 
AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION INCREASES REDUNDANCY

On 26 March 2004 the AIRC handed down a decision extending the old TCR (Termination Change and Redundancy) provisions in standard federal award provisions.

The new provisions (due to start on 23 April) vary the small business exemption (for businesses with 15 or less employees) that was in the federal version of the TCR provisions that applied until recently (and is also still in the latest State TCR provisions).

The Full Bench of the AIRC increased the redundancy safety net in respect of 19 Awards as set out below:

Period of Continuous Service Severance Pay

Less than 1 year - Nil
1 year & less than 2 years - 4 week's pay
2 years & less than 3 years - 6 weeks' pay
3 years & less than 4 years - 7 weeks' pay
4 years & less than 5 years - 8 weeks' pay
5 years & less than 6 years - 10 weeks' pay
6 years & less than 7 years - 11 weeks' pay
7 years & less than 8 years - 13 weeks' pay
8 years & less than 9 years - 14 weeks' pay
9 years & less than 10 years - 16 weeks' pay
10 years & over - 12 weeks' pay

 
Privacy of Electors

The Electoral and Referendum Amendment (Access to Electoral Roll and Other Measures) Bill 2004 (Cth) was introduced into Commonwealth Parliament on 1 April 2004. The Bill contains amendments to the Commonwealth Electoral Act 1918 and the Referendum (Machinery Provisions) Act 1984 that cover, amongst other things, access to the electoral roll and purposes for which information obtained from it may be used.

The Bill will extend the end-use restrictions to all roll information, regardless of form. This measure will close a loophole that has allowed roll information to be used for commercial uses, such as direct marketing and debt collection. The roll will be removed from sale.

The AEC will be able to produce electronic versions of the roll for public inspection in AEC offices and introduce an internet facility that will allow electors to verify their enrolment details. The AEC will continue to have a printed roll available for inspection at each of its offices.

 
Agreement to abolish to Bank Account Debits tax

The Treasurer has announced that all the States and Territories will abolish Bank Account Debits tax by 1 July 2005 as a result of an agreement between the Australian Government and the State Governments on 26 March 2003.

Its abolition will be funded by the growing GST revenue available to the States. In addition, the Treasurer advised that agreement has been reached to review a range of State and Territory business stamp duties, and that the review will be completed in 2005.

 
Superannuation Safety Amendment Bill passed

Further to our posts of 1 March and 15 March , the Superannuation Safety Amendment Bill has been passed by the Senate after it waived 2 of its amendments that the House of Representatives had rejected.

The trustee liocensing scheme will commence on 1 July 2004 with a 2 year transition period. It will not apply to trustees of self-managed superannuation funds.

 
Family Law Bill introduced

The Family Law Amendment Bill 2004 was introduced into the House of Representatives on 1 April 2004. The Bill contains measures dealing with the interaction of bankruptcy and family law in relation to schemes to avoid payment of tax. It implements changes announced late last year.

The Bill clarifies the standing of third party creditors to intervene in family law property proceedings, and to seek to have property orders set aside or overturned after they have been made. An amendment is also included which enables third parties to apply to the court for an order or injunction preventing the disposition of property pending an application to set aside or overturn a property order.

The Bill also makes provision for notice to be given to affected third parties in matters involving property orders. A further amendment provides for a separation declaration to be made for financial agreements under the family law to help ensure that such agreements are entered into by couples for the distribution of property as between the spouses on marriage breakdown, rather than for purposes such as avoiding creditors.

The amendments will commence 28 days after the Bill receives Royal Assent.