Baker McKenzie, with ACC Australia, are hosting a webinar on whistleblowing complaints brought against the board, senior managers, in-house counsel or HR.

Georgie Farrant and Bianca Dearing will provide a refresher on the legislative requirements for dealing with whistleblowing complaints within a company, including the confidentiality requirements.

They will also consider the complexities that can arise when the complaints are in relation to people who might ordinarily be involved in investigating the complaint, or deciding what should happen as a result of the compliant.

Case studies will be used to discuss some solutions to minimise the risks of civil or criminal liability under the whistleblowing laws and employment legislation.

“Wage theft” is a polarising topic that has entered the popular discourse. On the one hand, unions vehemently defend their members’ right to be paid according to award minimums – they claim that in some industries it’s part of the business model, and it must be stopped. On the other hand, business groups claim that awards are complex and that where underpayments occur it is more often than not because of inadvertent, innocent mistake. 

This seminar will explore how we have got here, canvas the upcoming changes being brought in by the Closing Loopholes Act, and set out some practical, proactive steps to improve governance frameworks, and ensure wage compliance in this ever tightening industrial compliance and enforcement landscape.

Our team will cover:

• The difference between wage theft and other underpayments
• “Safe Harbour” from wage theft prosecution for making self-disclosures to the Fair Work Ombudsman
• What a wage compliance investigation looks like, including discussing legal professional privilege, and developing legal interpretations of awards and enterprise agreements
• Set out the “3 Pillars” of wage compliance good governance

This session will be relevant for in house legal counsel, risk and compliance officers, and executive board members.

Piper Alderman’s ‘Beat the Clock’ offers you the opportunity to secure 4 CPD points in 4 hours. Our complimentary national program covers all three mandatory areas of law as well as one substantive law topic.

Simply attend one session or attend them all – it’s your choice!

CLE DInner at Perry's Steakhouse in Park Meadows

ARE WE COVERED?
A Primer on Commercial Insurance for Corporate Counsel and Risk Managers

Thursday, January 18th
5:30pm to 8:00pm
Perry's Steakhouse | 8433 Park Meadows Center Drive, Lone Tree

AGENDA
5:30pm: Registration & Networking
6:00pm: Dinner
7:00pm: CLE Session

Registration fee:
ACC Members: $30 | Non-members: $50
One (1) CLE Credit Pending
CLICK HERE TO REGISTER

Join Linda Knight and Will Brophy of Spencer Fane for networking, dinner, and discussion of the fundamentals of commercial insurance. Attendees will learn:

• About the different types of business insurance policies
• When and how to file a claim
• Compliance with policy conditions such as notice, cooperation, and consent to settle
• Common exclusions and limitations of coverage
• The distinction between defense and indemnity, reservation of rights, control of the defense
•  Recent trends in insurance recovery

SPEAKERS:

Linda Knight, Partner, Spencer Fane

William Brophy, Associate, Spencer Fane

PARKING:

Ample Complimentary Parking Available in Park Meadows Mall Lots

Balancing business requirements and unintended employment law risks.

We invite you to our final webinar on Tuesday 5 December on Commercial Contracts: Avoiding Employment Law Risks when Contracting with Third Parties.

Independent contractor agreements and services agreements raise a number of employment related matters. Balancing these issues with the desire to maintain discretion over requirements to be met by individuals who are providing the services needs to be carefully addressed. Avoiding the creation of unintended employer liability is a risk that businesses need to consider when looking to engage individuals under different, often short-term, arrangements.

Partner Lucienne Gleeson and Special Counsel Jarrod Bayliss-McCulloch, will take a look at scenarios for independent contractor and services contracts where the companies seeking these services may need to rethink the discretions they seek. This session will examine:

• terms customers seek to include in independent contractor and services contracts raising an employer liability risk;
• contract drafting tips drawing on recent cases on independent contractors;
• allocation of work health and safety responsibility in contracts in light of joint legislative responsibility; and
• employer liability considerations for a business under outsourced off-shore arrangements.

Competitors interact in many ways, including through strategic alliances, joint ventures, M&A processes and industry associations. Even where these dealings are pro-competitive, they may require careful management to navigate potential significant competition law risks.

This session, hosted by Gilbert + Tobin’s market leading Competition + Regulation team in conjunction with ACC Australia, will provide in-house counsel with tips to manage competition risk, and avoid cartel or other anti-competitive conduct. It will explore: 

• information sharing and concerted practices risks, including ‘gun jumping’ risk in the context of M&A activities;
• how to structure and manage joint venture arrangements;
• consortium bidding;
• risks associated with multiple supply channels where customers may also be competitors; and
• how to safely engage in industry associations.

Cyber-crime is a rapidly growing and evolving issue for businesses large and small. Cyber criminals are becoming increasingly daring and their methods are increasingly sophisticated. From small scale "phishing" to handling major data breaches, commercial organisations and their lawyers need to keep up with developments in this rapidly changing area in order to manage the risk that it presents. That risk includes the potential for legal liability to those whose private information they hold such as customers, as well as to shareholders and others who can be affected by an attack on their organisation. This session will examine the potential liability that commercial organisations may be exposed to in the aftermath of an attack as well as potential responses to a major data breach. It will also examine the expectations of regulators, Courts and insurers as to ways in which cyber risk might be managed.

In-house lawyers face challenges in assisting their Boards and Executives to manage risks in their corporate environment.  

Thomson Geer Partner, Bronwyn Lincoln will present on managing the corporate risks in this changing world by addressing and navigating rapidly developing technology, understanding social license; and responding to climate change challenges. This presentation will be followed by a panel discussion with guest panellists Brenton Cox, Managing Director, Adelaide Airport and Francis Placanica, Legal Consultant, Liberty Steel/Simec Group and moderator Shannon Emrick, Director, ACC.

This session is the perfect opportunity to engage and network with other in-house counsels whilst leaving with in-depth knowledge on the tools to manage future risks.

Since December 2022, under the Sex Discrimination Act, businesses have had a positive duty to eliminate, as far as possible, sexual harassment & discrimination (amongst other things) within the workplace. 

Starting in December 2023, the Australian Human Rights Commission will have new powers to investigate compliance with the positive duty as well as take enforcement proceedings against non-compliant businesses. 

As the duty applies to all organisations, regardless of size, everyone needs to have a strong handle on what the obligations are and how to comply with them.

Join Joe Mullavey and Charli Barclay at Page Seager Lawyers for a discussion on what the “positive duty” means and an overview of what is required to make sure your business is compliant and ready for the Commission’s new investigation and enforcement powers.


Canapes and nibbles from 5:00 PM 

High profile corporate crises in recent years have shone a spotlight on the role and responsibilities of directors and officers to oversee the management of a range of legal and reputational risks, which might impact both the company and themselves.

This CPD event, which is being hosted by Gilbert + Tobin in conjunction with ACC Australia, will bring inhouse counsel up to speed on recent developments in director and officer duties and liabilities. It will cover:

• a refresher on directors’ duties and D+O liability;
• changing expectations from a range of stakeholders, including investors and the broader community, and the priorities of regulators;
• issues presented by cyber-attacks and data breaches; and
• issues with ‘greenwashing’.