Links
Listed here are some key pieces of legislation and associated agencies that are relevant to many organisations. This is not an exhaustive list and is constantly evolving. Click on the green link to go to the actual source.
Governance
Associations Incorporation Act 2009
Makes provisions for corporate governance and financial accountability for Incorporated Associations.
Associations Incorporation Act 2009
Associations Incorporation Regulation 2010
Corporations Act 2001
Sets out the laws dealing with business entities in Australia at federal and interstate level, focusing primarily on companies.
Related agencies
Safeguards the rights of all consumers and advises business and traders in NSW on fair and ethical practice. Register businesses, co-operatives and associations. Oversees and administers a wide range of trading related legislation including the Associations Incorporation Act and Regulations. Investigates and can inforce compliance with the legislation.
Australian Securities & Investments Commission
ASIC is Australia’s corporate, markets and financial services regulator. ASIC administers the Corporations Act.
Work health and safety
Work Health Safety Act 2011
On January 1, 2012 the WHS Act replaced the Occupational Health and Safety Act 2000. Some key points of change are around:
- Shared responsibilities
- Increased requirements around consultation and communication
- Establishment of Risk Management approach including hierarchy of controls
- Changes around requirements for access to first aiders and first aid facilities
Work Health Safety Regulations 2011
Related agencies
A statutory agency funded by commonwealth & state governments to improve work health safety and workers compensation across Australia. Develops national model work health safety and workers compensation policy and regulations including the new harmonised WHS Act, Regulations and Codes of Practice.
The regulating body for NSW and administers work health and safety, injury management, return to work and workers compensation laws and manages the workers compensation system. Oversees licensing and registration of high risk activities, workers compensation insurance, benefits, and return to work programs.
Workplace relations
Fair Work Act 2009
This Act provides the legal framework for the national workplace relations system, including, for example:
- Rights and responsibilities of employers
- Minimum national employment standards
- Modern awards
- Enterprise agreements
- Protection from unfair dismissal
Related agencies
Enforces compliance with the Fair Work Act. Provides advice, information and education on workplace conditions.
Is the independent national workplace relations tribunal. Sets award pay rates and conditions. Authorises workplace agreements and resolves disputes.
NSW Department of Industrial Relations
Administers State industrial relations law.
Privacy and consent
Privacy Act 1988
Includes the 10 National Privacy Principles which aims to ensure that private sector organisations holding information about people handle that information responsibly.
Privacy (Private Sector) Regulations 2001
Related agencies
Office of the Australian Information Commissioner
Has a wide range of functions concerning the operation, administration and monitoring of the Freedom of Information Act 1982, The Privacy Act 1988 and Australian Information Commissioner Act 2010 (concerning government held information). Among other things, OAIC handles FOI requests and investigates complaints regarding privacy. Develops resources to assist organisations with correct handling of information.
Australian Institute of Family Studies
Provides an overview of age of consent for sexual behaviour and a host of other useful information related to child and family wellbeing.
Mental Health Coordinating Council
The Mental Health Rights Manual: A Consumer Guide to the Legal and Human Rights of people with Mental Illness in NSW (3rd Edition) 2011. Chapter 5 provides an overview of capacity and consent.
Provides links to a range of useful resources concerning consent for health and medical care.
Discrimination and human rights
NSW Anti Discrimination Act 1977
Outlines grounds for unlawful discrimination and exceptions.
NSW Anti Discrimination Act 1977
Related agencies
Set up under the NSW Anti-Discrimination Act 1977 to administer that Act. Promotes anti-discrimination and equal opportunity principles and policies throughout NSW. Handles discrimination related complaints.
Australian Human Rights Commission
HREOC plays a key role in informing, promoting and protecting human rights in Australia.
Families, children and young people
Children & Young Persons (Care & Protection) Act 1998
Deals with the child protection system in NSW. It explains how children and young people, who are at risk or being abused, should be cared for in NSW and how vulnerable families should be helped.
Children & Young Persons (Care & Protection) Act
Children (Education & Care Services National Law Application) Act 2010
The NSW legislation under the National Quality Framework for Early Childhood Education and Care. Effective 1 January 2012.
Children (Education & Care Services National Law Application) Act 2010
Education & Care Services National Regulations
Related agencies
Provides child protection services, parenting support and early intervention, foster care and adoption services. Funds many non government child & family services.
NSW Department of Education & Communities
Regulates the operation of early childhood education and care services as per the new National Quality Framework for early childhood services.
Australian Children's Education & Care Quality Authority (ACECQA)
Rolling out the national quality framework.
Australian Institute of Family Studies
The Australian government's research body into family wellbeing. Provides access to up to date research and information.
Disability
Disability Inclusion Act 2014
Replaces the Disability Services Act. Aims to better recognise the rights of people with a disability and to assist people in moving to the NDIS.
National Disability Standards for Disability Services
Related agencies
Family & Community Services Ageing, Disability & Home Care
NSW government agency providing services and support to older peole, people with a disablity, their families and carers.
The Australian Peak Body for non-government disability services.
National Disability Insurance Agency
The NDIA has been established to implement the National Disability Insurance Scheme.
Ageing
Aged Care Act 1997
Provides for the funding, provision and standards of aged care services across Australia, including Aged Care Principles; Standards and Guidelines for Residential Aged Care; Community Package Care Guidelines; and Community Care Common Standards 2011.
Related agencies
Commonwealth Department of Health and Ageing
Has a wide range of functions concerning improving ageing of oder Australians. Administers various pieces of legislation including the Aged Care Act 1997, the Home and Community Care Act 1985 and associated principles and standards. Oversees funding for Aged Care related services.
Aged Care Standards and Accreditation Agency
Manages the assessment and accreditation program for government subsidised residential aged care providers.
Community Legal Centre specialising in rights of the aged.
Australian Government publication outlining aged care reform.
Independent website and publication on all matters of interest regarding ageing in Australia.