Category Archives: Law

The Issues Facing The Australian Construction Industry

The Issues Facing The Australian Construction IndustryThe Australian construction industry has had a lot of negative media attention of late. Some deserved and some not. Here we discuss some of the issues.

Rising Project Costs:

One great problem the Australia construction industry is facing now remains on the rising project costs. This is practically due to the rise in prices of metals, oil, a strong Australian dollar and rising interest rates. These factors are basically affecting the efficiency of the Australia construction sector.

Quality Control:

One of the most nagging issues facing the Australian construction industry is quality control. The fact is that in the midst of poor productivity, there is no law or regulation established to regulate the quality of services delivered. This is because the industry lacks focus to establish the best standard of services that should be delivered. More on BCM’s services here. “Where there is no focus, the industry will gradually collapse” say inspectors from JKB Property Inspections who are on the front line in the fight for quality in the industry.

Corruption Issues

The construction industry is one of the industries in Australia, like the rest of the world, that has suffered a lot at the hands of corrupt individuals and organised crime.  At the time of writing, there is a Royal Commision underway into the building industry and weekly reports in the media of malpractice. The government is also considering the return of the Australian Building and Construction Commission that was abolished some years ago.

Reduced Workplace Productivity:

Studies have shown that average work hours either remain the same or decrease. This is one big problem that the Australia construction sector is failing to handle. There are so many workers who have received slash down in the hours of work. In fact, some proficient workers do not get additional time to work to boost the productivity. On this note, the industry is displaying a slow or reduced production solution.

Safety On Site:

Another crestfallen problem that the Australia …

Disability Law

875413_47541979Disabled people have rights just like everybody else. These are designed and tailor made to protect you from discrimination. These laws and rights cover most of the areas that will affect your social life including employment, security and education.
Employment.
It is unlawful for employers to discriminate against people with disabilities. It is upon the employer to make reasonable adjustments to ensure that you have the same advantages as other people at the work place. This can be anything from adjusting your working hours to the availing of special equipment to enable you work better.
During recruitment, there is an extent to which the questioning or interview can go. The questions are only valid to the extent that they seek to:
Determine whether you can handle a task that is an essential part of the job you are being interviewed for.
Increase the number of employees with disabilities.
Help decide whether it is important to make adjustments for you in the process of selection and eventual employment.
It is therefore important to see if the questions affect your rights before you can answer them. Remember that you cannot go into forced retirement due to your disability. The selection for redundancy should also be fair and equal to you. You should not be selected for redundancy just because you are disabled.
Education.
Everyone has equal right to education and it is against the law for any educational institutions to treat disabled people unfavorably. Unfavorable treatment includes:
Direct discrimination; refusing to admit an individual.
Indirect discrimination; withholding access to facilities that would otherwise be convenient for your use. Presenting learning material or application forms in a format that puts you at a disadvantages.
Harassment and victimization; by insulting, mistreatment and overlooking what other student may be doing to you that is unsettling. All complains of harassment should be handled with fairness.
At all levels of education, there should be structures and policies to ensure equitable learning and access to learning resources. There …

Westminster Legal System in Australia

The_main_feature_of_Australian_Legal_SystemAustralia system of legislature and governance is based on a Westminster system. In essence, this as a name given to a parliamentary democracy, the very same that is used in Canada, New Zealand and Britain. There are a lot of people who are at loss of how the system operates and ask myriads of questions. Of the questions the most that is asked is concerning petitions.

What is a petition?

A petition is a written document with a list of signatures from members of the legislative assembly that can be obtained by any member of the public asking for an action to be taken by the assembly concerning a grievance. A petition must address issues that relates to the jurisdiction of the ACT assembly. Credit goes to Kooblals Lawyers Williamstown for putting together this information.

Rules.

There are rules that are set out in the standing orders. These include the following:

  • A petition must be an original sheet signed by members of the ACT who support the petition.
  • The request must be written on any page that contains the signature. The signatures are required to be originally entered and not photocopied or copy pasted.
  • The petition must contain relevant and reasonable information.
  • A petition cannot originate or distributed by a member of the legislative assembly of the ACT.
  • The petition can only be written in English or accompanied with a certified translation addressing the Speaker and members of the Legislative Assembly.
  • A petitioner should forward the petition to a member and then ask them to present it to the Assembly.
  • Agreement by a member to forward the petition to the assembly doesn’t imply that the member supports the contents.

Presentation.

Presentations of the petition requires that the document be lodged with the Clerk by 5:00 pm through a member of the assembly. The petition is then checked by the Clerk for compliance with the rules. After this, the petition is hence presented to the Assembly upon its opening by …