In our latest factsheet, we take a look at the differences between government and non-government schools in terms of establishment, government and management and operations. Please click on the image below to download a copy of the factsheet, A legal overview of...
David McMullen
New NDIS Worker Screening Requirements from 1 February 2021
According to the NDIS Quality and Safeguards Commission: ‘Worker screening is a way to help check that the people who are working, or wish to work, with NDIS participants don't present an unacceptable risk to people with disability. Worker screening is an important...
Legislative changes to home care payment administration
This legislation begins the transition from payment of subsidies in advance, to payment in arrears. The Bill was first introduced in February 2020, with phase 1 implementation scheduled for 1 June 2020; however, due to the effect of COVID-19, it was placed on hold....
Factsheet | A guide to executing contracts
The question of who can sign and how they can validly sign depends on the document, and the identity of the parties. In the modern age (particularly in light of COVID-19), electronic signing has a growing role to play. A temporary legislative response enabling...
Private health insurance and competition
In his recent article, David McMullen provides insights on common features of preferred provider schemes and criticisms from the health care sector. David also addresses the effect private health funds have on competition. Please click on the below image to read the...
Retirement villages legislation update – a ‘new’ code and ongoing reforms
New Interim Code The Interim Code of Practice for Retirement Villages (No. 2) 2020 commenced on 1 October 2020. It is found in a schedule to the Fair Trading (Retirement Villages Interim Code) Regulations (No. 2) 2020 (WA). The new Interim Code will apply for 6...
Sitting on a ‘voluntary’ Board – membership may be voluntary, but legal duties are not
The main duties The Corporations Act and Associations Incorporation Act impose duties which overlap the general law to varying degrees. The legislation has effect ‘in addition to, and not in derogation of’ any other legal duties and does not prevent the commencement...
Factsheet | A guide to pathology collection centre leasing
Part IIBA of the Health Insurance Act 1973 (“Act”) prohibits asking for, accepting, offering and providing various forms of ‘benefit’ in connection with the provision of pathology services. A key area in which benefits are prone to arise – whether advertently or...
Legislative update | WA retirement village law reforms
Although implementation of these ‘Stage 1’ reforms may have been beneficial overall for residents and prospective residents, perceived problems have persisted. Against this backdrop, public consultation for ‘Stage 2’ reforms is underway. A total of five Consultation...
Companies 101 | Many dental businesses operate as privately owned ‘Pty Ltd’ companies
In David McMullen's article, originally published in Western Articulator by the Australian Dental Association WA, David provides a refresher or an introduction to some basic concepts and requirements of privately-owned companies. Click here to download the article....