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Nor was there a correlation between job demands and fatigue. Here's an Australian example. Unlike some other OECD countries, Australia does not currently include work rehabilitation as part of the standard management of cancer patients - but it should, according to an oncologist and senior staff specialist at the Flinders Centre for Innovation in Cancer, Professor I joined an online gambling site - and loved it. Hospital radio was very much in its infancy when Guildford's was launched in then for the hospitals at St Luke's and Farnham Road.
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But inside were their most embarrassing questions. The West Coast Eagles come from behind to beat the Collingwood Magpies by just five points in a pulsating AFL grand final that will go down as one of the classic season deciders. A man, believed to be in his 20s, reportedly slips and falls off a cliff near Sea Cliff Bridge in Clifton, south of Sydney, while bushwalking with friends. Relive all the action as it happened in our live blog. The coroner examining the death of Lewis "Buddy" Kelly said the year-old drunkenly wandered onto a railway line and lay down before he was hit by a train.
His family want the case re-opened. This story contains images of people who have died. When it comes to the financial planning industry, Commissioner Kenneth Hayne is blunt and to the point. In his interim report, he says two themes emerged: And that was just the start. If you found yourself logged out of Facebook this morning you may be affected by an attack that allowed hackers to "seize control" of user accounts, according to the social media giant. Buckled train tracks, grounded planes, melting bitumen and massive blackouts: So can we avoid the nightmare?
China's wealthy citizens have been splashing out on real estate and luxury cars. Now they are turning to contemporary Western art to show off their cultural sophistication.
A managing director and chairman gone, journalists under fire from alleged political interference and an embarrassing email from the past. The ABC has never seen a week like this. The furore that has surrounded the sacking of the ABC managing director, Michelle Guthrie, and the subsequent resignation of chairman Justin Milne has revealed two organisations that feel under perpetual siege, writes Laura Tingle.
For the past six months, Kenneth Hayne has been sifting through a slew of financial services misconduct, rip-offs and regulatory inaction. Here are his initial thoughts on what's wrong with Australia's banks. With Australia's aging population, palliative care services are busier than ever. Experts say people under 60 with a terminal illness are one of the groups falling through the cracks, but there could be more.
Patients are often frightened to hear the words "palliative care", thinking it means imminent death, and many doctors are scared to use it — but caregivers and patients say it can actually mean a longer and better-quality life. D'Arcy Short falls just shy of a world record score after posting an incredible six-laden double century for WA, who beat Queensland in their one-day cup clash. One Nation-turned-Katter's Australia Party senator Fraser Anning says Facebook has made an "unprecedented" attack on free speech by removing his public profile, after he apparently breached the platform's community standards.
The banking and financial services royal commission releases its interim report, finding that greed and a focus on sales and profit has led to most of the bad behaviour it has investigated.
It is unlikely to be the last adjustment according to analysts. It took film critic Zak Hepburn just two minutes to ensure no-one would be expecting Oscars glory for the new Kevin Hart comedy.
Acting chair Kirstin Ferguson uses her first interview to back the ABC board, amid a growing chorus of discontent from staff over editorial independence. Indonesian tsunami The death toll on the island of Sulawesi has risen to at least following Friday's earthquake and tsunami. Top stories Tsunami death toll could rise into the thousands: Air traffic controller sacrifices life to save plane passengers during quake disaster. Indonesian tsunami sensors missed huge waves, official says.
While direct selling companies DSOs offering credit to customers do not attract generally the credit laws under the National Consumer Credit Protection Act , they may be a credit provider for the purposes of the Privacy Act Reforms to the Therapeutic Goods Act Cth.
Recent reforms to the Therapeutic Goods Act Cth the Act change the classification of therapeutic goods, the way regulatory decisions are published and the advertising requirements in respect of therapeutic goods to reduce potential risks to the public. New criminal offences and civil penalties are also introduced.
In this update, we consider the following matters and developments. In this Newsletter, we cover some of the developments that have taken place throughout the last few months of Federal Government proposes to repeal national gambling reforms. This legislation will repeal many of the national gambling reforms particularly the poker machine laws that were passed by the former Gillard Government.
Can an anti-gambling advertisement warning of the dangers of gambling be found to promote gambling?! In November , the Advertising Standards Board the Board upheld a complaint that an advertisement intended to cause teenagers not to gamble had the opposite effect and promoted sports betting to young children.
On 29 October , Victoria introduced the Gambling Regulation Amendment Pre-commitment Bill , making it the first Australian jurisdiction to introduce a pre-commitment scheme for gaming machines. The Bill, which has passed the Legislative Assembly and is expected to pass the Legislative Council in early , requires that all venue operators link to a state-wide pre-commitment system by 1 December Match-fixing, cheating at sport and sports betting have been at the forefront of media attention over the last year, both internationally and in Australia and involving a number of different sporting codes including rugby league, cricket and soccer.
Mr MacMillan, a customer of Sportsbet Pty Limited, made a complaint to the Victorian Civil and Administrative Tribunal that Sportsbet had breached the Australian Consumer Law by banning him from placing certain types of bets after he made a series of winning bets. Enforceability of Website Terms and Conditions. Centrebet v Baasland — Australia v Norway: The recent decision of Centrebet v Baasland in the Northern Territory Supreme Court represents a milestone in the consideration of disputes involving cross-border online gambling transactions.
Australian online betting operators are currently required to have systems in place to prevent minors and self-excluded persons from making bets. However, despite these systems, there are reports of minors and self-excluded persons making bets with Australian betting operators, sometimes fraudulently. In the course of this wagering activity, the player may suffer losses or make winning bets. This paper examines how these issues should be dealt with by online betting operators.
In this edition, we highlight and comment upon some of these developments and their implications for the direct selling sector.
Ladbrokes Acquires Australian Betting Operator bookmaker. Last month, Ladbrokes announced that it had purchased Gaming Investments, an Australian betting operator that owns bookmaker.
These games, commonly known as online social games, add a new social experience to gaming. In many respects, they are based on the same easy to learn and casual play model as many traditional games. At the time, we noted that, while the Australian Competition and Consumer Commission ACCC had not, to date, taken any enforcement action against companies who failed to comply with the requirements because of a grace period which ended on 30 September , we expected that the ACCC would commence enforcement action when the opportunity arose to send a strong compliance message to companies.
This will among other changes: Australian Foreign Investment Policy Update: Gaming Machines and Pre-Commitment: On 29 November , the Federal Government was successful in passing through both houses of Parliament legislation aimed at regulating the operation and use of gaming machines and addressing associated issues of problem gambling. The Acts became law on 12 December This introduces a new statutory regime with mandatory privacy principles with which all relevant businesses must comply.
Even though it is early in , the topic of Gambling has not been far from the headlines in the Australian press. In early , Australian gambling law is in a state of flux, particularly given that, first, it is a Federal election year, and secondly, the Federal legislation which prohibits online gambling remains under review.
Given these two factors, it is difficult to predict how or whether the law affecting online gambling will change in Sports controlling bodies and Australian wagering operators share a mutual interest in protecting the integrity of Australian sport.
This was one of the central messages to emerge from a sports integrity forum hosted by law firm Addisons late in In the lead-up to the November meeting of the Reserve Bank, a variety of markets were offered by bookmakers to punters. Potential Legal Issues - Checklist for businesses: Trade promotions, also known as competitions, sweepstakes, contests or giveaways, are an increasingly popular way to promote goods and services to consumers.
In this edition, we report on a number of interesting developments which affect those operating in the direct selling space. Reproduced with permission from Law Business Research. This article was first published in Getting the Deal Through - e-Commerce In a recent decision handed down by the Northern Territory Racing Commission, sanctions were imposed on Betezy, one of the corporate bookmakers licensed in the Northern Territory to conduct sports bookmaking.
This decision clarifies a number of operational issues of relevance when conducting gambling business under a licence granted in an Australian jurisdiction and the extent to which regulatory approval is required.
Two corporate bookmakers, Sportsbet and IASbet were found to have committed a number of offences following the offering of inducements to open betting accounts. This case highlights the attention being given by Australian authorities to forms of advertising by betting operators involving inducements.
Whilst the topic of problem gambling has received a great deal of attention from policy-makers in recent times, some problem gamblers have continued to take matters into their own hands - through the courts. Problem gamblers have sought to recover all or part of their gambling losses by bringing claims against the gambling operators with whom they have gambled. This has led to the development of a body of case law that clarifies the extent to which, and the circumstances where, gambling operators may be liable for losses sustained by problem gamblers.
Can Australian law reach your fantasy sports team? Locally, it is estimated that almost 1 million Australians participate in fantasy sports. The European Commission has recently approved a list of permitted health claims which may be used in respect of food. Companies will have until December to ensure that the labelling, packaging and marketing materials they use in the European Union comply with the new requirements. The Do Not Knock Register Bill is intended to prohibit salespeople from making marketing visits to residential and government addresses listed on the Register.
If passed, the new legislation will cover most natural therapeutic-type products which are currently regulated as dietary supplements under the Dietary Supplement Regulations In the direct selling space, independent distributor agreements and the Policies and Procedures that apply to Australians are rarely the subject of litigation.
To the extent that disputes between distributors and direct selling organisations with whom they contract exist, they are usually settled without recourse to litigation. Since our last Update, the legal landscape in which direct selling organisations DSOs conducting business in Australia operate has continued to change at a considerable pace.
We report on some of these changes in our Update. The proceedings related to a decision by the Complaints Resolution Panel that advertisements published by Swisse Vitamins were in contravention of the Therapeutic Goods Administration Code. Previously, the Australian Competition and Consumer Commission announced that its objectives for included making full use of the profound changes in the Australian Consumer Law through enforcement.
This will simplify the registration of business names in Australia. To Filter or Not to Filter. Whose Business Name is it Anyway? On 3 July the Council of Australian Governments approved the establishment of a national business name registration system.
Over the last few months, there have been a number of developments in the Australian legal landscape which impact upon those involved in the direct selling industry. We have reported on these developments in our Update. In a market in which there is a new entrant almost every week, group buying sites must address the expectations of their consumers, as well as their advertisers, that is, the businesses choosing to offer discount deals via a group buying site.
Among the issues faced by advertisers are choosing a group buying site, negotiating terms and conditions with the site operator, meeting consumer demand, and attracting one-off customers at the risk of alienating existing customers.
At the same time, there are a growing number of media reports doubting the robustness of the group buying industry. In this newsletter, we address the implications of the report of the recent inquiry into online and interactive gambling conducted by the Parliamentary Joint Select Committee on Gambling Reform on both the Australian wagering sector and the regulation of online gaming in Australia.
These restrictions have affected the way direct selling organisations conduct their businesses. The most onerous of the restrictions is contained in section 86 of the ACL which prohibits the supply of goods and services and the acceptance of payment for goods and services during the cooling-off period. In early September , the ACCC accepted a court enforceable undertaking from a door-to-door sales company and one of its former salespeople in respect of misleading and deceptive conduct and the making of false representations.
This followed a number of complaints from elderly consumers. The End of Retail Exclusivity? What does this Mean for Wagering Operators? In the Report, the Senate Committee makes a number of recommendations. On 23 March , the Federal Government introduced the Product Stewardship Bill the Bill which will establish a national framework to manage the environmental, health and safety impacts of products such as televisions and computers.
The Bill provides the framework by which obligations over time will be imposed on manufacturers, importers, distributors and others relating to the avoidance, reduction and management of waste derived from products, with a particular emphasis on the disposal of products. Among the matters to be considered by the Inquiry are the current regulatory framework relating to interactive gambling which will involve a review of both gaming and wagering over the Internet , as well as issues relating to match-fixing and gambling advertising.
In our conversation with an officer of the Committee today, submissions from all parties involved in, or interested in, online gambling activity are invited. A very significant decision of the Federal Court of Australia in February has implications for all businesses including direct selling organisations and other consumer goods suppliers using social media.
As a result, the company was found to be in contempt because the publications had breached undertakings previously provided to the Federal Court to not engage in conduct which would amount to misleading and deceptive conduct in breach of the Trade Practices Act now known as the Australian Consumer Law. As foreshadowed in our FocusPaper of 20 January see Australia: Therapeutic Goods Administration TGA - Review to improve the transparency of the TGA , which concerned the TGA transparency review, the dates and locations of a series of public consultations relating to this review have now been announced.
The aim of the review is to improve the transparency of the TGA which, it is thought, will in turn improve the public's confidence in the TGA. Amendment Regulations No. This forms part of the legal regime applying to the direct selling industry that will be implemented under the Australian Consumer Law.
This comes into effect on various dates on and after 1 January Will There be a Round 3? In its decision, the Court has acknowledged the validity of the New South Wales race fields regime by refusing to declare as invalid and contrary to the Constitution either the race fields regime or the approvals granted to wagering operators.
Sportsbet has challenged the ability of State Governments to prevent the deployment of retail betting terminals that connect to the website of a licensed interstate betting operator.
The Report represents a significant milestone in Australian gambling regulation and follows on the Commission's Draft Report published in October The Report represents a significant milestone in Australian gambling regulation and follows on from the Commission's Draft Report published in October The Report represents a significant milestone in Australian gambling regulation and follows on from the Draft Report the Commission published in October Race fields fees based on 1.
All bets are off? Of particular concern are the provisions targeting door-to-door selling, telephone sales and other forms of direct selling which do not take place in a retail context. How close to the sun can you fly following the Kookaburra Case?
Can you use two bars of music without permission? Consider, for instance, the famous opening song of Star Wars. The first two bars are easily one of the most recognisable melodies. It invokes various emotions of heroism, adventure and exciting galactic voyages. Indeed, the use of it would most likely constitute an infringement of copyright law.
However, if you slightly tweak this piece of music, does it still infringe copyright? If not, how far do you need to tweak it until you are safe? Phase 1 of the Australian Consumer Law reform process begins! The civil penalties and enforcement powers take effect from 15 April and represent the first instalment of the ACL reform process. The unfair contract provisions will apply from 1 July with the remainder of the ACL reforms expected to be in place by 1 January For some time now, elements of the racing industry have considered copyright as a legitimate means to obtain a financial contribution from bookmakers who utilise race information without the racing industry's permission.
The High Court found that there was no substantial reproduction of Nine's program titles and times in IceTV's electronic program television guide. In a manner similar to the New South Wales decision in Bessemer1. This decision suggests that certain distributors will be deemed as employees for the purposes of Victorian workers compensation law. Administrative Law - Are you unhappy with a government decision or action that affects your business?
Every day public bodies exercise their power to make decisions which impact adversely your business. Has your business been affected by a decision or action taken by a government department, authority or statutory body which you consider to be adverse or unfair? With the commencement of the Children's Television Standards on 1 January , the standards relating to advertising and product promotion to children have been clarified and strengthened following widespread community concern over the effect of food and beverage advertising on children.
Mergers, acquisitions and joint ventures, particularly in the new media and gambling sectors Recognising, protecting, evaluating and exploiting intellectual property rights, on both a global and Australian basis Being at the lead of understanding regulatory developments affecting gambling industry participants and assisting in managing and addressing the obstacles posed by regulation Assisting the direct selling sector Government submissions Interpretation of new regulations Setting up business in Australia and overseas Obtaining gambling licences in Australia and overseas.
View Full Focus Paper eSports: View Full Focus Paper Pay where you play: View Full Focus Paper Branching out into binary options? View Full Publication Update on the Australian Interactive Gambling Amendment Bill - What happens now and what does it mean for offshore online gambling operators looking to Australia? View Full Focus Paper Do you know your customer?
View Full Publication Norfolk Island: View Full Focus Paper Australia: View Full Publication Australia: View Full Focus Paper Can an anti-gambling advertisement warning of the dangers of gambling be found to promote gambling?! View Full Focus Paper e-Commerce: View Full Focus Paper Play on! View Full Publication Round 3: View Full Focus Paper Knock, knock. View Full Focus Paper Race fields fees based on 1. View Full Focus Paper Sound-alikes: