Jackson McDonald publications


  • 26 July 2017

    Labor announces “modernisation” of WA’s work health and safety

    The McGowan government has announced it intends to “modernise and consolidate” Western Australia’s workplace safety and health legislation.  It will do this by creating a new Work Health and Safety Bill that consolidates the three primary pieces of current safety legislation in WA, being the Occupational Safety and Health Act 1984, the Mines Safety and Inspection Act 1994, and the Petroleum and Geothermal Energy Safety Levies Act 2011.

    Download PDF 500KB

    Authors: Renae Harding, Shannon Walker

  • 11 July 2017

    “Charge” your glass – Section 6 is dead… in NSW

    After much debate as to its operation, Section 6 of the Law Reform (Miscellaneous Provisions) Act 1946 (NSW) (Section 6) has now been repealed and replaced by the Civil Liability (Third Party Claims Against Insurers) Act 2017 (NSW).  The new legislation abolishes the problematic “charge” over insurance monies and brings clarity to third party claimant proceedings brought directly against insurers. 

    LINK 35KB

    Author: Stefan Sudweeks

  • 16 June 2017

    Amendments to the Native Title Act - reversing the McGlade Decision

    The Native Title Amendment (Indigenous Land Use Agreements) Bill 2017 (Bill) was passed by both houses of Parliament on Wednesday, 14 June 2017.

    The Bill reverses the impact of the Federal Court's decision in the McGlade case (McGlade Decision) and seeks to provide the sector with certainty regarding the execution of the indigenous land use agreements (ILUAs).

    LINK 38KB

    Author: Adam Levin

  • 22 May 2017

    When can you direct an employee to attend a medical assessment?

    ?Managing ill and injured employees is difficult, particularly when it comes to determining whether you can require an employee to provide further medical information or attend a medical assessment. This alert looks at some of the circumstances in which a direction for an employee to provide further medical information or attend a medical assessment is lawful and reasonable.

    LINK 35KB

    Author: Renae Harding

  • 11 May 2017

    WARNING: Common terms in employment contracts may not meet NES requirements

    Contracts of employment often include clauses which deal with working on public holidays and setting off over award / agreement payments.  Those clauses need to be reviewed following a recent decision of the Full Bench of the Fair Work Commission and any necessary amendments need to be drafted carefully.

    LINK 36KB

    Author: Renae Harding

  • 20 April 2017

    Prime Minister announces changes to skilled worker visa scheme: Will you be affected?

    On Tuesday Prime Minister Malcolm Turnbull announced substantial changes to the way skilled overseas workers will be able to live and work in Australia. While the announcement has been met with both criticism and praise, a closer look reveals there is still room for skilled overseas workers in Australia but there will be fewer occupations and greater restrictions for potential visa holders.   

    LINK 36KB

    Author: Shannon Walker

  • 18 April 2017

    JacMac Tourism & Hospitality - March edition

    The changing face of shopping centres in Western Australia: Part 2 of 5 - Construction

    Following on from our first instalment in this series of e-alerts on “The Rise of Leisure Precincts”, we are now addressing some of the key construction issues relating to shopping centres within Western Australia that are being refurbished or expanded.


    LINK 51KB

    Authors: Richard Sandover, Shevaun Stringer

  • 18 April 2017

    Has your organisation suffered a serious data breach? Reporting will soon be mandatory!

    The Privacy Act 1988 (Cth) (Privacy Act) has recently been amended to introduce a mandatory data breach notification regime. This means that entities regulated by the Privacy Act will soon be required to notify impacted individuals (and the Office of the Australian Information Commissioner) when a serious data breach occurs.

    LINK 37KB

    Author: Elizabeth Tylich

  • 2 March 2017

    Exploitation of Indigenous Culture Bill introduced

    A Private Members bill has been introduced to Federal Parliament entitled Competition and Consumer Amendment (Exploitation of Indigenous Culture) Bill 2017 (Bill).

    The purpose of the Bill is to prevent non-Aboriginal or Torres Strait Islanders and foreigners benefitting from the sale of Indigenous art, souvenir items and other cultural items and thereby depriving Aboriginal and Torres Strait Islanders of the rightful benefits of their culture.

    LINK 39KB

    Author: Adam Levin

  • 23 February 2017

    Fair Work Commission cuts Sunday and public holiday rates for retail and hospitality workers

    The Fair Work Commission has today handed down its long awaited decision on penalty rates, cutting Sunday penalties in the hospitality, fast food, retail, and pharmacy industry awards and public holiday penalties in those industries as well as in the restaurant industry.

    LINK 40KB

    Author: Renae Harding