Public Sector In-House Counsel Conference30 July 2013

Recent Developments in Law Reform: The Laws of Work

Amanda Alford

Acting Senior Legal Officer, ALRC

1

2

Relevant ALRC Inquiries

3

The ALRC

Australian Law Reform Commission Act 1996 (Cth)Financial Management and Accountability Act 1997 (Cth)

The Inquiry Process:

4

Commonwealth Family Violence Inquiry

5

Commonwealth Family Violence Inquiry Inquire into and report on the treatment of family violence in Commonwealth

laws, including:

• child support and family assistance law;• immigration law;• employment law;• social security law;• superannuation law; and• privacy provisions,in relation to those experiencing family violence.

Identify what, if any, improvements could be made to relevant legal frameworks to protect the safety of those experiencing family violence.

6

Commonwealth Family Violence Inquiry

In the context of the laws of work, the ALRC’s focus was: • leave and flexible working arrangements;• work health and safety;• statutory protection from discrimination;• awareness, education, training and policies; and • research and data collection.

7

• Why is family violence a workplace issue?

• Why and how should the employment system identify and respond to family violence? Overview of the ALRC’s recommendations and discussion of recent developments.

Commonwealth Family Violence Inquiry

8

Commonwealth Family Violence Inquiry

Why is Family Violence a Workplace Issue?

• Effect on employees

• Directly and indirectly manifests in the workplace

• Benefits of employment for victims

• Social and economic cost of family violence

9

Commonwealth Family Violence Inquiry

ALRC’s Recommendations and Recent Developments

Disclosure

Verification

Leave and Flexible Working Arrangements• Family violence leave; • Family violence clauses in enterprise agreements; and• The right to request flexible working arrangements under the Fair Work Act 2009 (Cth).

10

Age Barriers to Work Inquiry

11

Consider Commonwealth legislation and related legal frameworks that either directly, or indirectly, impose limitations or barriers that could discourage older persons from participating, or continuing to participate, in the workforce or other productive work.

The laws to be considered include: • superannuation law;• family assistance, child support and social security law;• employment law;• insurance law; • compensation laws; and• any other relevant Commonwealth legislation exempt under the Age Discrimination Act 2004 (Cth).

Identify what, if any, changes could be made to relevant Commonwealth legislation and legal frameworks to remove such barriers.

Age Barriers to Work Inquiry

12

Age Barriers to Work Inquiry

In the context of the laws of work, the ALRC’s focus was:

• National Mature Age Workforce Participation Plan;• recruitment;• flexible working arrangements;• reviewing remaining compulsory retirement;• work health and safety;• workers’ compensation; and• insurance.

13

ALRC’s Recommendations and Recent Developments

National Mature Age Workforce Participation Plan

Flexible Working Arrangements• The right to request flexible working arrangements under the Fair Work Act 2009 (Cth).

Workers’ Compensation• Retirement provisions;• Incapacity payment periods; and• Consistency across Commonwealth legislation.

Age Barriers to Work Inquiry

14

www.alrc.gov.au

Australian Law Reform Commission GPO Box 3708, Sydney 2001

(02) 8238 6300 info@alrc.gov.au

The ALRC