Laws, Licenses, Compliance By Peter Baskerville 12/07/2019

Employee or Contractor Who pays the PAYG tax and the Workers Compensation? … DEEMED TEST Employee ‘of’ Contractor ‘for’ Paid … By hour : worker : receives benefits For results : non-worker Materials & equipment Supplied with job – labour only charges. Provides own – significant materials Can make profit or suffer loss due to ‘make good’? No – part of employer’s business Yes – contract done for own business Work done Employer specified – set hours – logo & uniform Freedom to accept & chose way done Do outside work? No – 80% one source of income. Yes – other public & businesses - occasional Able to delegate work? No Yes

Non-workers under the Act? Directors of corporations Test are paid to achieve a specified result or outcome (not by the hour) have to provide the plant and equipment or tools of trade needed to perform the work and are, or would be, liable for the cost of rectifying any defect in the work performed. Optus’ “Think Bigger” and “Supersonic” campaigns misleading and deceptive 3

Contractor clause This payments is made in relation to ........(specific outcome)……, as detailed in your quoted schedule of works that requires you to provide your own plant and equipment. Note: You are liable for the costs of rectifying any defects in the work you have performed. Optus’ “Think Bigger” and “Supersonic” campaigns misleading and deceptive 4

Workplace Health & Safety Queensland Work Health and Safety Act 2011 (WHS Act) - National All people are given the highest level of health and safety protection from hazards arising from work, so far as is reasonably practicable. Duty of Care – personal Optus’ “Think Bigger” and “Supersonic” campaigns misleading and deceptive The WHS Act provides a framework to protect the health, safety and welfare of all workers at work and of all other people who might be affected by the work. 5

Employer’s obligation If you have a business in Queensland And employ workers you are required to insure them against workplace accidents with WorkCover Queensland Within 5 days of starting Compulsory Insurance May pay own tax & have ABN Optus’ “Think Bigger” and “Supersonic” campaigns misleading and deceptive (s48, Workers’ Compensation and Rehabilitation Act 2003). 6

Applying & paying policy Annual wages estimation – 1 July each year - online Classification (ANZSIC) - % of wages by class 31 August - Wage declarations are due 30 September - Full premium or payment plan due – mthly or quarterly ‘Certificate of Currency’ – proof of cover of contractors Optus’ “Think Bigger” and “Supersonic” campaigns misleading and deceptive 7

Privacy Law Privacy Act (1998) The Privacy Act regulates 'information privacy‘ - protection of people's personal information Personal information is information that identifies you or could identify you - name or address - medical records, bank account details, photos, videos, and even information about what you like, your opinions and where you work - basically, any information where you are reasonably identifiable. Optus’ “Think Bigger” and “Supersonic” campaigns misleading and deceptive

Privacy Law Principles not prescriptive Take reasonable steps to protect - Manage all reasonable foreseeable risks – Judgement OAIC investigate complaints Specific: Tax file number Sensitive information - health or medical information. Optus’ “Think Bigger” and “Supersonic” campaigns misleading and deceptive

Tax file numbers Unique number - Australian Taxation Office (ATO) Required for govt assistance Employers are allowed to ask for TFN No obligation to provide it for employment Employers must deduct withholding tax at highest level if not supplied Criminal offence Optus’ “Think Bigger” and “Supersonic” campaigns misleading and deceptive

What is IP? Intellectual property (IP) is a term referring to a number of distinct types of creations of the mind for which property rights are recognized Typically a manuscript, design, patent, copyright, trademark. Optus’ “Think Bigger” and “Supersonic” campaigns misleading and deceptive 11

IP law Copyright Trade Marks Patents Designs Plant Variety Rights Circuit Layouts Act Not global protection You need to fund the legal costs Optus’ “Think Bigger” and “Supersonic” campaigns misleading and deceptive 12

Trademark Protection or exclusive rights for an image, name or slogan. Restrictions – ANZAC, Olympic logo, Scouts association, Advance Australia, Royal. Branding – a ‘sign’ Can be smell, colour, shape International - Madrid protocol – 76 countries Optus’ “Think Bigger” and “Supersonic” campaigns misleading and deceptive 13

Trademark - application Registration process Class or category 10 years protection – renewable Asset value The ™ denotes a mark for which registration is being sought. ® denotes a mark that has been registered. Optus’ “Think Bigger” and “Supersonic” campaigns misleading and deceptive Fisons pine tree logo from 1905 14

Patent Patent - exclusive right for life of patent To commercially exploit the invention Device, substance, method or process" that is "new, inventive and useful“ Typically 20 years Optus’ “Think Bigger” and “Supersonic” campaigns misleading and deceptive 15

Design Patent Protecting the shape, configuration, pattern and ornamentation which, when applied to a product, give it a unique visual appearance - overall appearance of a product. 'new' and 'distinctive' Cheaper but less protection Optus’ “Think Bigger” and “Supersonic” campaigns misleading and deceptive 16