News

Review of Tasmania’s Local Government Legislation

The Tasmanian Government has committed to reviewing Tasmania’s local government legislation (the Review). The outcome of this Review will be a contemporary, best-practice legislative framework that supports local government over the coming decades.

The first stage of the Review has now commenced with the release of the Discussion Paper: Review of Tasmania’s Local Government Legislation Framework.. The Discussion Paper takes a ‘first principles’ approach to developing a legislative framework for local government. It has been written with a broad audience in mind and, therefore, its style is concise, open and non-technical in nature.

Submissions are invited from the sector, the community and other interested persons on how they think the sector should be governed and what should be considered in developing a local government legislative framework to best support local government and communities into the future. Submissions can be made in writing or by completing an online survey via the Department of Premier and Cabinet’s Local Government Division webpage at www.dpac.tas.gov.au\LGReview. The consultation period is open until 1 March 2019.

Additionally, an Expression of Interest process has now commenced, seeking applications from persons interested in participating in the Review Reference Group. Expressions of Interest are being sought from a diversity of stakeholders with an interest in local government who can bring elected member, community, local government professional, business, research and industry perspectives to the Group. Expressions of Interest are open until 25 January 2019. For further information or to submit an Expression of Interest, please go to www.dpac.tas.gov.au/lgreview/eoi

The Discussion Paper, online survey and further information about the Review can be found on the Local Government Division’s website. Please consider providing your submissions and ideas to this ‘first-principles’ stage of the Review, to help shape a better legal framework for local government, both now and into the future.

If you would like to receive news and updates about the Review, you can subscribe to our mailing list by going to https://mailchi.mp/2837ee04f863/lgreviewnews

 

As part of the review of Local Government Legislation (http://www.dpac.tas.gov.au/LGReview) a number of consultation sessions have been arranged. Industry sessions are being held in;
Ulverstone on 14 February,
Launceston on 15 February
Hobart on 21 February.
Further information is available here. Interested practitioners need to RSVP by 1 February.

ATO – GST at settlement – update

Roadmap of enhancements for the GST at settlement measure

The review of the current administration of the GST at settlement measure was undertake with industry, this identified what is working well and what could be improved. Thanks for your feedback. We are now releasing a roadmap of enhancements that we have or are intending to deploy.  Enhancements listed in this roadmap are planned to be deployed from October 2019 onwards. When further details on the scheduling of particular enhancements are available we will provide an update.

Please see the attached roadmap paper for further information.

Lodgement of the business activity statement (BAS) by the supplier

It’s important for suppliers to bear in mind that withholding by a purchaser does not remove the suppliers obligation to report the property transaction on their BAS as per usual, reporting the sale at G1 and the actual GST amount at 1A. Our risk model has identified some instances of suppliers not correctly reporting the property transaction. These suppliers are being contacted to educate and assist them amend their BAS.

Inquiries about supplier credits

If a vendor/supplier has a query about their GST property credits they can email their inquiry to GSTatsettlementnoreply@ato.gov.au.  When doing so they should provide the following details:

  • Details of the inquiry
  • Supplier name
  • Supplier ABN
  • Purchaser name/s
  • Credit amount
  • Lodgement reference number (LRN) or payment reference number (PRN)
  • Property details
  • Settlement date
  • Preferable contact name and number

This email address is only to be used for GST property credit inquiries, other inquires need to go through 13 28 66 (fast code 3,4).

 

GST at settlement – Roadmap for ehancements

Family Law Amendment (2018 Measures No. 1) Rules 2018

The Family Law Amendment (2018 Measures No. 1) Rules 2018 and consequential new and amended forms came into effect on 1 March 2018.  An initial grace period of three months was allowed in relation to compliance with the new forms, which was then extended for a further 6 months (until 1 January 2019). This grace period will continue to 1 February 2019 as follows.

EXTENSION OF GRACE PERIOD

A further one month grace period (until 1 February 2019) will be allowed for compliance with the ‘guided’ electronic option in the Commonwealth Courts Portal for the following forms:

  •  Application for Consent Orders
  • Notice of Child Abuse, Family Violence or Risk of Family Violence, and
  • Annexure to Proposed Consent Parenting Order.

The Application for Consent Orders, dated 1 March 2018, must be used when filing in hard copy or by using the ‘unguided’ (upload) option in the Commonwealth Courts Portal.

Subject to any further notifications, you can continue to eFile using the ‘guided’ form until 1 February 2019. Alternatively you can use the forms available on the Court’s website and the ‘unguided’ eFiling option.

Civil Law and Justice Legislation Amendment Act 2018

As a result of the Civil Law and Justice Legislation Amendment Act 2018, Part VIIIB of the Family Law Act 1975 has been renumbered. See Part 3—Renumbering Part VIIIB of the Family Law Act 1975.

The following family law forms/kits have been updated accordingly:

  • Financial Statement Kit – The form has not changed. The only amendment is to the section number references in the Kit. Kit 0313V4 but form remains version 0313V3.
  • Superannuation Kit – updates to section number references – 01/07/07V3.
  • Warrant of arrest – updates to section number references is notes – 0313V2.

Changes to the Application for Consent Orders are also required. Work on this is underway and we will advise in the New Year when the amended application is available.

 

Auction Conditions and Particulars – Law Society Releases Updated Standard Form Version

The Society has issued an updated version of the auction particulars and conditions of sale. The changes made in the updated version are intended to:

  • increase consistency with the standard form contract for sale of real estate;
  • remove the overly broad indemnity formerly contained in clause 24; and
  • facilitate compliance with the foreign residents capital gains tax withholding and the GST withholding measures. Practitioners should insert an appropriate GST clause (if required) and adapt the simple form of GST withholding clause, or include a withholding clause appropriate to the circumstances.

Copyright notice: Permission to use all previous Society approved versions of the auction particulars and conditions of sale is withdrawn as at 1 January 2019.
Transitional provisions: This does not apply to transactions in which contractual negotiations have already commenced.

The Auction Conditions and Particulars can be found in the Resources section of the Law Society website here.

 

Acknowledgements:
The Society acknowledges with gratitude the work of the Review Sub-Committee:  Alex Bobbi, Will Justo, Robert Manning and Silas Hoon.

Tasmanian Law Library – New Name, New Look, New Service!

 

The Integrated Law Library Service now has a new name.  The Tasmanian Law Library consists of the following libraries:

  • Andrew Inglis Clark Law Library (central service point)
  • D M Chambers Library
  • Judges Library
  • Launceston Law Library
  • North-West Law Library

The Andrew Inglis Clark Law Library and the Launceston Law Library are open to registered clients and members of the public.  The remaining libraries are open to registered clients only.  There are small working collections at the Magistrates Courts (Hobart, Launceston, Devonport and Burnie) and other agencies within the Department of Justice.

Visit our new website https://www.lawlibrary.tas.gov.au/ and explore our links to legislation, cases and commentary services.

The Library is now offering desk top access to content on the following e-lending platforms.   .

  • Lexis Red
    • Includes a wide range of services including Halsbury’s Laws of Australia, Encyclopaedia of Forms and Precedents, Civil Procedure Tasmania, Australian Criminal Trial Directions and many more!
  • Wheeler’s E-book Platform
    • A selection of e-books published by CCH, Federation Press, LexisNexis
  • ProQuest Ebook Central
    • Small selection of titles on this lending platform. If the library does not own a title, you may view for 5 minutes. A request to purchase may be considered by the library.

Follow the Legal Commentary link on the homepage to explore electronic books, journals and loose-leaf services. Register with the library to initiate e-book access by following the link to complete our member registration form. We will then provide you with information relating to gaining access to each lending platform.

Join us in the Andrew Inglis Clark Law Library for a coffee and a quick overview session on one of the following days prior to Christmas. The overview session will include, how to navigate our new website, what resources are available, together with providing a quick glance at our new e-book platforms.

  • Thursday 13th December 1:15 – 1:45
  • Friday 14th December 1:15 – 1:45
  • Tuesday 18th December 1:15 – 1:45
  • Wednesday 19th December 1:15 – 1:45

If you cannot attend any of the above sessions, watch out for our overview sessions in January, We will also be launching a new legal research training programme during 2019 which will include a variety of blended learning options.

Follow our “News and Events” page, or follow us on Twitter @AICLawlibrary to keep up to date with items of interest. Make suggestions for purchase, or comment on our services – all feedback is welcome!

Deb Bowring
Manager
Tasmanian Law Library

The National Redress Scheme for survivors of institutional child sexual abuse

The National Redress Scheme for survivors of institutional child sexual abuse, commenced taking applications for redress in July this year. However, applications could only be received from survivors who had been abused in state and in institutions which had been joined to the scheme.

In November this year, the Tasmanian government were joined to the scheme. This means that people who experienced child sexual abuse in government and in some non-government  institutions in Tasmanian can now make applications for redress.

knowmore legal service is funded by the Commonwealth government to provide people who experienced institutional child sexual abuse, with advice about their compensation options and advice through the redress process. knowmore is a free legal service  and there is no means test.

knowmore currently has offices in Brisbane, Sydney and Melbourne and will be opening an office in Perth in 2019.

For our clients in Tasmania, knowmore will be sending a team from the Melbourne office to Hobart and Launceston on a 4 – 6 weekly cycle to hold legal advice clinics. The first of these visits will take place in February 2019. On these visits, clients will be provided with face to face appointments to discuss their compensation options and be provided with  assistance around the redress process. The local support services will be advised of the dates of these clinics and will be able to advise their clients.

knowmore can be contacted during office hours on 1800 605 762.

 

Prue Gregory
Principal Lawyer
10 December 2018

 

Law Council Flexible Workplace Resources

The Law Council of Australia has collated and made available on its website a suite of information and policies in relation to flexible workplace arrangements in the legal profession. Resources from a number of law society’s and bar associations can be accessed from this page. The information and resources available will assist practitioners and law firms navigate the increasing need to accommodate flexible workplace arrangements.