Index	Year	Month	Page
ICSA INTERNATIONAL	1999	July	244
NEWS IN BRIEF • Copyright laws for the 21st century • E-commerce regulation achieves balance • Tax treatment of eligible termination payments • Pre-existing injuries - discrimination dangers for employers	1999	July	247
AN INSTITUTE INTERVIEW WITH SMS CONSULTIING GROUP • Organisations can build BCM by leveraging off their year 2000 program • Effective BCM is not a once-off activity • Planning for the potential loss of key resources is both good corporate governance and commercial sense	1999	July	250
COMPANY SECRETARY • the ASIC's power to modify the takeover legislation is an important feature of the regulation of takeovers in Australia • There have been some recent developments regarding the use of the modification power • ASIC's intended approach to providing relief from section 698 of corporations law	1999	July	254
CLRA UPDATE • Registration • Company powers • Executing documents • Assumptions in dealing with companies • Replaceable rules and constitution • Directors' meetings • Registered office	1999	July	256
THE WORKPLACE RELATIONS ACT AND INDUSTRIAL ACTION • The WRA has now been in force long enough to review its effect • Protected action is acceptable but there are a various remedies against unprotected action • Unfair dismissal provisions have greatly reduced claims against employers, at least in the federal jurisdiction	1999	July	260
PROTECTION OF INFORMATION BY THE PRIVACY ACT • The Privacy Act 1988 (Cth) contains eleven information privacy principles • These particularly limit the use and disclosure of information • The act provides enforcement provisions whereby individuals can injunct corporations from breaching the act and its principles	1999	July	262
MANAGEMENT • Fortune magazine's top 500 industrial companies cut their payrolls by 22% in the 80's eliminating 3.5 mill blue and white collar jobs • This article examines some of the common problems that the remaining employees face • Suggest what managers can do to overcome these problems and how they can help employees while revitalising the downsized organisation	1999	July	264
CORPORATIONS LAW UPDATE • CLERP alert • Shareholder convened meetings • Assumptions about companies • Access to group correspondence	1999	July	268
CONSUMER LAW UPDATE • Large corporations are entitled to general restraints to trade to prevent use of confidential information	1999	July	272
SMALL PRINT • Insurance for Year 2000 claims may not be the answer • The purpose of insurance • Insurers' position to Year 2000 problem • Does it really matter? • Specific insurance cover for Year 2000 problem • What to do?	1999	July	275
TAXATION LAW UPDATE • Meaning of 'under contract' • Elements of binding contract • Travel on work or to work 1999	1999	July	276
EMPLOYMENT LAW UPDATE • Fair procedure still counts • A valid reason for termination • Procedural deficiencies • A breach of the old s. 170DC	1999	July	280
SECRETARIAL PRACTICE • Supervision • Controls and procedures	1999	July	283
COMPLIANCE ISSUES IN MANAGING YOUR WEBSITE • Hyperlinks • Framing • Meta Tags • W3C Guidelines • Content	1999	July	284
PRESIDENT’S COMMENTARY • Discusses how the Institute started, how it developed in its almost 90 years of existence, and where it is today	1999	August	290
ICSA international • Discusses many topics in this broad ranging interview, from CLERP reform to joining the fight against corruption	1999	August	294
AN INSTITUTE INTERVIEW WITH DR IVOR FRANCIS • Do directors add value? • How directors contribute to company performance Total value added by the company • The generic functions of a company • The functions of directing • Assuring the business with forward-looking information • A functional board: accountability of individual directors • Futher information is available from Dr Francis (email address is francis@hotmail.com) or Paul Riggs, tel 03 9245 5437	1999	August	298
ON TIME REPORTING SYSTEMS • The system • Reporting officers • Principles • Guidelines	1999	August	302
PILOT PROJECT FOCUSSES ON LISTED COMPANY DIRECTOR DISCLOSURE OF INTERESTS IN SHARES • As a result of a survey, ASIC have launched pilot projects monitoring disclosure by directors of listed companies of interests in listed company shares	1999	August	305
APPLIED CORPORATE GOVERNANCE • Ethical dilemmas • The Murray Proposals • Watchdog roles • Questions of Independence Modus Operandi • Changes to the law • Further information can be obtained from the author by email: sturnbull@mba1963.hbs.edu	1999	August	306
PRIVACY AND YOUR EMAILS • Nature of email • Employer rights • Defamation • Risk management strategies • Policy guidelines	1999	August	308
LEGAL PROFESSIONAL PRIVLEDGE AND THE COMPANY SECRETARY • legal professional privilege and the company secretar The company’s obligations in recording minutes of meetings • The discovery process in litigation• Legal professional privilege• At what stage does the dominant purpose test apply? • Copies of documents • Waiver of legal professional privilege • Practical applications - Guarding against waiver	1999	August	310
CORPORATIONS LAW UPDATE • CLERP Alert • Filling casual vacancies • When is a restraint of trade reasonable?	1999	August	315
CONSUMER LAW • Is John West tuna ‘caught in’, ‘sourced in’, or a ‘product of’ Australia? • The difference between where raw material and a finished product originate • The importance of words on labels	1999	August	318
TAXATION LAW UPDATE • Deductibility of interest after cessation of business • Living away from home allowance fringe benefit	1999	August	322
EMPLOYMENT LAW UPDATE • The distinction between casual and permanent employment is relevant to the application of termination of employment provisions in WRA 1996 • The case of Ransom v Arthur Anderson highlights the danger of relying on exclusion for casual employees, without checking substance of relationship • This case also discusses the indicia which assist a court to determine whether an employment relationship is casual or permanent part-time	1999	August	326
SUPERANNUATON LAW UPDATE • Superannuation implications of reportable fringe benefits • Choice of Fund deferred again • 1999/2000 superannuation thresholds • RBL objection rights granted • Constitutional validity of SCT upheld	1999	August	329
MANAGEMENT • Age bias continues to be a serious and growing problem in the workplace • Employers are focusing on specific practices and procedures to guard against discrimination suits • Training and documenting are important practices that an employer can use to protect against age discrimination practices • Older employees bring maturity, experience and stability to a workplace. Most are open to change and learning new tasks • Age discrimination in the workplace cannot be tolerated. Focus should remain on job performance and teamwork, not on age issues	1999	August	332
ELECTRONIC RECORDS AND THE EVIDENCE ACT • Commonwealth Evidence Act • State legislation • Common law • Compliance issues	1999	August	334
SMALL PRINT • Tribunals which conduct private hearings cannot make orders preventing publication of names of complaints, witnesses or people investigated • Express legislative power to do so is required • If the media opposes non-publication orders, it may have an implied right to be heard	1999	August	336
ICSA INTERNATIONAL • Deals with one version of how to achieve a desirable workforce by employing the reinforcement approach to desirable behaviour	1999	September	344
APPLIED CORPORATE GOVERNANCE • Governments can no longer protect the interests of both corporations and public with regulations because business has become too diverse • Only through prescribing self-governing processes can governments enhance investor and stakeholder protection whilst also allowing flexibility • Further information can be obtained from the author by email: sturnbull@mba1963.hbs.edu	1999	September	350
BREACH OF CONFIDENCE BY EX-EMPLOYEES • Elements indicating a breach of confidence • Limitation on protection against ex-employees • Examples and safe guards	1999	September	354
LEGAL ISSUES CHALLENGING COMMERCE IN CYBERSPACE • Electronic commerce has the potential to fundamentally change the way in which commercial transactions are conducted • Some of the more contentious issues which this new technology is bringing to light include jurisdiction, contracts, digital signatures, etc • Businesses venturing onto the World Wide Web must take basic precautions to safeguard their assets and reputation	1999	September	356
AN INSTITUTE INTERVIEW WITH BILL DEE • Discusses whether implementation of a trade practices compliance program could be seen as a corporate priority	1999	September	360
CORPORATIONS LAW UPDATE • Annual directors’ report - environmental reporting • Directors’ liability for insolvent trading • Winding up on just and equitable ground • Offeror’s disclosure duties under a takeover offer	1999	September	363
CONSUMER LAW UPDATE • Big Brother is watching your prices: is the GST worth it? • The basic prohibition•Where the ACCC fits in • Penalties	1999	September	367
TAXATION LAW UPDATE • Pay As You Go (PAYG) • Labour hire arrangements • ABN not quoted on invoice relating to a supply • Provision of non-cash benefits • Payer to provide information	1999	September	369
ENVIRONMENT LAW UPDATE • Directors’ reports - environmental reporting • Environment Protection and Biodiversity Conservation Bill passed by Federal Parliament	1999	September	371
SUPPERANNUATION LAW UPDATE • transferring administrators - identifying and addressing the risks • New SIS requirements for auditors	1999	September	373
EMPLOYMENT LAW UPDATE • Risks of written references • The arguments • The Court’s findings • Implications for employers	1999	September	377
MANAGEMENT • The problem of age discrimination seems endemic primarily because of employer perceptions that older workers are more costly than beneficial • Reduction-in-force efforts seem to have impacted the older worker disproportionately • The effects of termination can be tragic for the older worker, with the likelihood that they will have difficulties finding comparable work	1999	September	380
ELECTRONIC COMMUNICATION: MANAGING THE LEGAL RISKS • Companies must ensure that their computer equipment is not used in unlawful ways • Issues to be considered include questions of defamation, harassment, discrimination and trade practices • On the other hand, care must be exercised in monitoring equipment use to avoid privacy issues	1999	September	382