LG Insights- Key legal issues for Councils and Local Government

MARCH 2021

Welcome to our LG Insights, a brief e-newsletter outlining key legal issues for Councils and Local Government entities.

This edition covers:

Phase 3 of Planning reforms bring to an end an eight-year wait
Commercial Leasing Update - COVID-19 Regulations and practicalities of the RCLA amendments for Councils
The UK UBER decision: A timely reminder for Councils to review individuals engaged as “contractors”
Our LG Seminar Series is back - Register Now
Congratulations to Michael Kay and the Employment Team- Doyles Guide

Phase 3 of Planning Reform brings to end an eight-year wait

At a glance:

‘Go Live’ date 19 March 2021
Key priorities for business readiness
Learn more at the PIA ‘Planning in Focus’ session 31 March 2021: The Current State of Play: Stories from the Coal Face

At a glance:

Although the COVID-19 Emergency Response (Commercial Leases No 2) Regulations 2020 (SA) expired on 3 January 2021, certain commercial tenants are still protected in respect of breaches occurring during the pandemic period.
With the amendments to the Retail and Commercial Leases Act 1995 (SA) having come into force on 1 July 2020, Councils are reminded of some key practical impacts of those amendments.

At a glance:

A recent UK decision involving Uber, is another timely reminder of the importance of Councils ensuring that the “contractors” it engages are correctly categorized.
“Contractor” arrangements in SA, particularly those with individuals contracting through an ABN, are being subject to increased scrutiny by both workers and regulators.
A well-drafted, user friendly independent contractor agreement that focuses on the actual arrangements in place with the individual, will be critical to compliance moving forward.

LG Seminar Series

We are thrilled to bring back our popular face-to-face seminar series. We will be hosting complimentary quarterly seminars, on a range of ‘hot topic’ issues for Local Government, from April onwards. You can register for our first session on COVID-19 & the Workplace at the link below.

Save the date

7 April 2021 - COVID-19 & the Workplace
5 August 2021 - Aboriginal Land Issues
24 November 2021 - Social Media Considerations for Councils

If you would like to be added to our distribution list for seminars and alerts please email grace.michele@wallmans.com.au

Register Now: COVID-19 & the Workplace Seminar: Employment and Safety Law Implications for Local Government

The ongoing management of COVID-19 has raised unique and unprecedented challenges for employers in the workplace. Employment and Safety Partner Michael Kay will provide practical advice regarding:

Working from Home and WHS – How far does Council need to go to comply?
Working from Home Disputes – When can an employer compel an employee to return?
The COVID-19 Vaccine: Can it be made compulsory? - The interaction between employment, privacy law and WHS.
Employees who refuse to perform available work due to COVID concerns – Options and strategies.
A practical overview of the (limited) case law relevant to Local Government.

There is no cost to attend the forum, however due to popularity please register here to secure your place.

Congratulations - Doyles Guide 2021 of Leading Employment and WHS Lawyers (SA)

Partner, Michael Kay was listed in the guide to Leading Employment Lawyers (SA) and Leading WHS Lawyers (SA) and the team were also recognised in the Leading Employment (Employer Representation) Firms (SA) and Leading WHS Firms (SA).

Michael and his team pride themselves on practical and strategic advice to assist Councils with managing their full breadth of industrial relations’ functions.