Privacy And the Recording of Conversations

With the increasing prevalence of smart phones and other electronic devices, the recording of conversations in the workplace or school yard is becoming common practice. In many cases, it is legal for private conversations to be recorded without the knowledge of all participants. There is no obligation to obtain the prior consent of the other … Read more

Fake Medical Certificate – A Sure Way to Byrne Your Fingers

Quite frequently, an employer has valid reasons to believe an employee is requesting sick or personal leave without a legitimate reason for it. The Full Federal Court of Australia decision involved a dismissal of an employee following a period of sick leave. The Facts Mr Bryne was employed by Anglo and Coal. He applied for annual … Read more

Understanding and Navigating Informed Consent from Students and Parents

The following is a PowerPoint presentation delivered by Alistair Macpherson for school counsellors at a School Law workshop. Adapted for the World Wide Web. What is Consent? Affirmative and explicit acceptance by word or conduct; not merely an absence of objection (Bell v Alfred Franks & Bartlett Co Ltd [1980] All AR 356 Not necessarily … Read more