Emplex Lawyers & Consultants | Lawyer & law firm

Emplex Lawyers & Consultants

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25.01.2022 I have been having a look at the Essential Services Act 1958 (Vic) this morning, because that's what we all do when we are out of plunger coffee. And surprisingly, the NSW equivalent is better drafted and more flexible. The Victorian Act is more directed to some event disrupting essential services, giving the Government the power to step in and take it over. It can be read to work the other way, I suppose, so that "non-essential" services are closed down and "essential" se...rvices are unaffected. But it also contains a compensation mechanism which looks to me like it would result in mass compensation across industries, adjudicated by a County court judge. So I am genuinely curious to know whether this is the legislative source of power for Premier Andrews announcements over the last day or so. And if so, we still haven't heard/seen the obvious clarifications that need to be made of what is "essential", and what is a "service". The Vic Act has a broad deeming provision in section 3(g): "any service (whether of a type similar to the foregoing or not) specified from time to time by order of the Governor in Council published in the Government Gazette ... provided to the public by ... any other person or body specified (whether generally or specially and whether that person or body is a person or body representing the Crown or not) by Order in Council published in the Government Gazette in relation to such service." So we really need to know what is in and what is out. I would presume an Order by the Governor in Council is going to be signed this morning, so I'll be hitting refresh on the Government Gazette a lot. Need that coffee now. I'm down to my dregs.

12.01.2022 Ok, so now it becomes much clearer. The pic is an excerpt from the Victorian Government Gazette S142, published yesterday. Forget essential and non-essential services. These terms are misleading. We should asking, do you have premises and will you have a mass gathering there? Most importantly, cl 9j answers the questions that most businesses will have. But let me know if you have any other questions. #manufacturing #shutdown #covid19 #coronavirus #industry #workforceplanning #wfh #S142 #massgatheringsdirection2

11.01.2022 It will be interesting to see how widely or narrowly the Victorian and NSW governments define non-essential. In these days of interstate if not global supply chains, I would assume that agriculture and food processing is essential and associated manufacturing such as hygiene products, or food packaging, would also be essential? A further issue is: if a business can operate without the face to face gathering of operators and customers/suppliers, presumably it is exempt from... having to shutdown? Or is the shutdown mandatory in order to maintain the competitive conditions between operators in a particular non-essential industry? By way of example, some website designers have long operated only virtually; some competitors however also have bricks and mortar shopfronts and bring together much larger workforces. Can the solo website designers continue? Or is that giving them the competitive jump on their larger industry colleagues? Covid-19 just keeps sending us so many challenges. Some of the questions we answer now, provisionally, will be answered differently in the future with the benefit of hindsight. We are all in uncharted waters and not confident of our paddles. #manufacturing #shutdown #covid19 #coronavirus #industry #workforceplanning #wfh #essentialservices

05.01.2022 Finally! Let's get this show on the road. Look at my lovely colours and my beautiful logo, designed by Clare Moodie, now at Jalapeno Creative Pty Ltd. Look how she integrated my crowning glory into the logo. With this business, I get to bring my whole self, including my Afro, to work, hahaha. And feast your eyes on that elegant, clean and solid font, Mallory, from Tobias Frere-Jones at Frere-Jones Type. ... Next job ... the website (and all of the drafting, legal advice and documents that my clients are waiting for .....thanks for your patience!).