Prev | Newsletters | Next  Law Update Newsletter September 2001

Welcome to this first edition of what is hoped will become a regular series informing friends and clients of GWM Lawyers and Conveyancers of changes in the law that might impact on their personal or business lives.

In this issue:

• Privacy Law and Your Business
• Employing Illegal Workers
• Student Visa Changes

Privacy Law and Your Business

Privacy law may well have been of passing interest to you as it previously applied exclusively to government agencies of one kind or another. Recent amendments to the Privacy Act 1988 extend a set of National Privacy Principles to the private sector. The relevant Act, The Privacy Amendment (Private Sector) Act 2000, comes into effect on 21 December 2001.

The National Privacy Principles set out minimum standards for the handling of personal information controlling the following aspects of personal information:

1. Collection of personal information
2. Use and disclosure of personal information
3. Accuracy of personal information
4. Security of personal information
5. Openness in relation to an organisation's practices
6. Access and correction rights
7. Anonymity
8. Special provision for sensitive personal information.

Businesses and organisations covered by the new legislation would be well advised to begin planning now for its implementation. This includes preparation of a privacy policy for use in your organisation or business.

If your business collects "personal information" from your customers, you need to be aware of the changes. The definition of "personal information" is very wide and means "information or an opinion (including information or an opinion forming part of a database) whether true or not and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion".

The legislation contains an important exemption for small businesses with an annual turnover of less than $3,000,000. However, a small business will still be covered by the new privacy law if it provides a "health service" or collects "health information" about its customers even if it has a turnover under $3 million per annum.

To Top of Page

Employing illegal workers

The Government is considering changes to the Migration Act and Regulations to make it an offence for an employer who employs a person who does not have the right to work in Australia even if the employer did not know that the employee was not entitled to work. The amendments have not yet come into effect and at the moment the Department of Immigration is taking the approach of "warning" employers who have employed illegal workers. The new law would also propose specific offences for recruitment companies and labour hire firms who fail to check whether the people "on their books" are entitled to work here. You will need to check a prospective employee's passport and their visa conditions whenever you have any doubts about whether an employee is entitled to work in Australia.

To Top of Page

Student visa changes

On 1 July 2001 amendments were made to the Migration Regulations changing the way a person who holds a student visa may make the transition to a permanent visa.

Anyone who holds a student visa and who wishes to remain in Australia permanently after they finish their course, will need to know how the changes will impact on them, as any breach of the regulations may well prejudice their position.

To Top of Page

To Top of Page

Home | About GWM | Key Legal Staff | Australian Law | Testimonials | Contact
Legal Articles | Press Releases | Newsletters | GWM Commercial | Links

Privacy Statement | Website Feedback | Sitemap

©2001-2005 GWM Lawyers and Conveyancers, Port Macquarie New South Wales Australia
Australian Legal Business website