Comcover’s Legal Services Information Forum Series

Forum 1: Wednesday, 23 October 2013

Forum 2: Tuesday, 26 November 2013

Comcover Legal Service Information Forum Series 2013| 1

Forum 1 – National Library of Australia

Employment Law - Legal Responsibilities in the Workplace

Wednesday, 23 October 2013

1.Employment Practice Liability (EPL) Presented by Darren Gardner, Partner, Maddocks9:15am – 10:15am

By looking at case studies, this session will explore practical strategies and considerations protecting against liability for employee and union claims. Employee complaint options include general protection, adverse action, unlawful discrimination, harassment, unfair dismissal, bullying or alleged breach of express or implied employer duties. The presentation will provide some proven strategic pathways to protect against liability arising from common challenges to reasonable management of the employment relationship, including preventative and defensive evidence building; risk managing discoverable document requests; and appropriate model litigant approaches to jurisdiction or time defective claims.

2.Work Health & Safety Act 2011 crossover into Fair Work Act 2009Presented by SparkeHelmore Lawyers10:45am – 11:45am

This session will examine the emerging trend of the cross-over of safety matters into industrial relations matters in the Fair Work Act 2009 and will particularly examine:

• The new anti-bullying and harassment amendments to the Fair Work Act 2009 commencing on 1January 2014, including allowing a worker of an agency who has been bullied at work to apply to the Fair Work Commission to make orders to stop the bullying.

• Right of entry laws in the Fair Work Act 2009 which allow an official of a trade union right of entry to an agency’s premises to exercise an ‘OHS right’ to inspect the workplace or access employee records.

• The general protections in the Fair Work Act 2009 which prohibit adverse action against a person who proposes or exercises a workplace right - like the right to a safe workplace.

3.Social media, website forums, chat rooms - Issues in EPL claimsPresented by Paul Vane-Tempest, Ashurst- Australia12:30pm – 1:30pm

Paul Vane-Tempest, Partner, will lead an interactive panel discussion about the issues facing Commonwealth agencies in dealing with employees' use of social media and other online tools in both their professional and personal capacities.

A number of recent court and tribunal decisions will be considered, as well as the Commonwealth's policy framework and practical strategies for reducing the risk of claims arising from employees' use of social media.

4.Judicial review in Employment LawPresented by Michael Tehan, Partner, Minter Ellison1:45pm – 2:45pm

Employment law in Australia involves both the Fair Work Commission and the Federal Court. Both bodies make decisions that influence, directly and indirectly, employment relations across Australia. But judges apply very different considerations to those applied by tribunal members. This presentation will look at case studies to explore the differences between the two jurisdictions by reference to some recent decisions including BCD v Australia Post, Shea v TruEnergy and Robinson v Goodman.

Forum 2 – National Library of Australia

Your Role in the Public Service – The Legal Framework

Tuesday, 26 November 2013

1.Intellectual Property, Copyright and ‘Commonwealth Use’ defencePresented by Michael Will, Partner, HWL Ebsworth Lawyers9:15am – 10:15am

This session will address some important aspects of the Australian Government Intellectual Property Rules and the drafting of licence agreements, with a focus on copyright issues, including the use of contractor intellectual property and compliance audits.

It will also cover software vendor audits and infringement of copyright issues and Commonwealth protections in the Copyright Act 1968. The interaction of breach of contract and copyright infringement claims will be considered, with reference to the Comcover policy, and the jurisdictions of the Federal Court and the Copyright Tribunal.

2.Administrative decisionmaking – Impact of Pulling the PlugPresented by Dr Ashley Tsacalos, Partner, Norton Rose Fulbright10:45am – 11:45am

This session will examine the liability and administrative law issues associated with government decisions to end a government scheme/program or effect a key policy change that has both financial and non-financial consequences for individuals and the private sector generally. It will also include a discussion of risk management strategies and practices associated with the conceptualisation and implementation of government schemes and programs. A number of case studies will be referred to and discussion about the various lessons learnt.

3.Legal Services Directions 2005 and the Model Litigant Obligations12:30pm – 1:30pm Presented by Marianne Peterswald, Snr Executive Lawyer, Australian Government Solicitor

Understanding the Legal Services Directions, including the Model Litigant Obligations (Appendix B) is vital for those officers in agencies who are involved in Commonwealth dispute resolution. This session is designed to both refresh and refine your understanding of this critical context underpinning the way that the Commonwealth litigates, and hopefully to avoid some of the pitfalls. We will also spend some time on Appendix E, which is of particular importance where allegations, including misfeasance allegations, are made against Commonwealth officers.

4.Alternative Dispute Resolution and Discretionary Payment regimes1:45pm – 2:45pmJohn Solomon, Partner and Scott Moloney, Special Counsel, Moray & Agnew

John Solomon will provide an overview of the different types of alternative dispute resolution methodologies commonly adopted by the Commonwealth (mediation, non-binding arbitration, neutral evaluation, conciliation and arbitration) including the advantages and disadvantages of each. John will also discuss the operation of the Civil Dispute Resolution Act 2011and the requirement for parties to take genuine steps to resolve disputes before certain civil proceedings are instituted in Federal Courts.

Scott Moloney will discuss the operation of the Commonwealth’s discretionary compensation and waiver of debt mechanisms as described in Finance Circular 2009/09 (CDDA/ex-gratia/act of grace/waiver of debt) including practical suggestions to assist dealing with complex claims.

To register, please visit

Comcover Legal Service Information Forum Series 2013| 1