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

2. 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

3. 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.
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4. 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

5. 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

6. 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

7. 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
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8. 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

9. 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

10. 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

11. 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.
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12. IP law Copyright Trade Marks Patents Designs Plant Variety Rights
Circuit Layouts Act
Not global protection
You need to fund the legal costs
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13. 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
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14. 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

15. 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
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16. 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