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Welcome to the second edition of this Law Update Newsletter, 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:

• Employers must consider worker's family commitments
• Australians to be allowed dual citizenship

Employers must consider worker's family commitments

In March this year the Anti-Discrimination Amendment (Carers' Responsibilities) Act, 2000 (NSW) came into operation. The Act requires employers to implement flexible work arrangements which accommodate employees who have carer's responsibilities. A carer includes anyone who is responsible both currently and in the future to care for or support -

1. any child or stepchild who is wholly or substantially dependant on that person or in need of carer's support; or
2. any child or adult who is in need of care and support of whom the carer is a guardian, authorised carer or parent; or
3. any immediate family member of the person who is in need of care or support.

The Act makes it unlawful for an employer to discriminate against an applicant, employee or contractor on the basis of that person's responsibilities as a carer. This extends not only to current employees, but also employees who apply for employment. Therefore it applies not only to the appointment of applicants for a job, but also to the dismissal of current employees and the treatment of current employees. There are exemptions which includes a business where there are five or less employees. There is also a defence provided in the Act for an employer if it can prove that as a result of the carer's responsibilities the person is unable to perform the inherent requirements of the job, that is a requirement essential to the performance of a particular position. The other defence available to employers is where they can prove that arrangements required to enable a person with carer's responsibilities to carry out the inherent requirements of the position, would impose unjustifiable hardship on the business. In this case all the relevant circumstances will be considered.

If the defences do not apply then direct or indirect discrimination based on the person's carer's responsibilities is unlawful. Direct discrimination is where an employer treats a person less favourably in the same or similar circumstances to that of another person and indirect discrimination will be taken to have occurred when an employer unreasonably requires a carer to comply with a requirement or condition with which a substantially higher proportion of people who do not have carer's responsibilities are able to comply.

If you employ more than five people you will need to bear in mind the impact of this legislation and careful planning on how best to satisfy the requirements of the Act while maintaining a cost effective business will be necessary. We suggest that you give careful consideration to the individual circumstances of each of your employees and review your employment contract to ensure that your employee's conditions do not constitute a breach of the new Act.

Should you require any assistance or clarification, Loris Hendy of this office will be more than happy to provide that assistance. Email: info@gwmlaw.com.au

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Australians to be allowed dual citizenship

The Minister for Immigration and Multicultural Affairs, the Honourable Phillip Ruddock MP, has introduced legislation to Parliament to amend Australia's Citizenship Legislation to allow Australians who acquire another citizenship to retain their Australian citizenship.

Section 17 of the Australian Citizenship Act 1948 currently provides that Australian citizens automatically lose their Australian citizenship if they take deliberate action to become citizens of another country. A person does not have to formally renounce their Australian citizenship to lose it when they take on citizenship of another country.

Section 17 has been widely criticised as adversely impacting on internationally mobile Australians who may live and work overseas for an extended period and be faced with a choice between their Australian citizenship and the citizenship of the country in which they live and work.

Mr Ruddock has introduced to Federal Parliament the Australian Citizenship Legislation Amendment Bill 2001. The key amendments in the Bill include a repeal of section 17 of the Citizenship Act so that Australian citizens in future do not lose their Australian citizenship on acquisition of another citizenship.

The Australian Citizenship Legislation Amendment Bill 2001 was introduced to Parliament on 23 August 2001 and did not reach a second reading debate in the House of Representatives by Thursday 27 September 2001. That day was likely to be the House's last sitting day in the term of the current Parliament. The Federal Parliament will probably not sit again until after the Federal election and, as a result, amendments to the Australian Citizenship Act have been "put on hold". However, "watch this space" for future developments.

The full text of the Minister's press release in relation to the proposed changes can be found at:
Australians to Retain Their Citizenship if They Acquire Another.

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