Employment Law: Australian Employers owe duty of care to its employees

Workplace injuries, however unfortunate it may be, happen and are not entirely uncommon. According to figures released by the Australian Bureau of Statistics, nearly 5.3% workers suffered injuries or illness which was in direct relation in their workplace or as a result of their professional duties. By their very nature, some jobs are more dangerous and hazardous than others and workers of the same are more susceptible to injuries and illness, but companies have an obligation to safeguard workers from any foreseeable injury or illness that may occur in their workplace. Every country & jurisdictions have their employment laws, and employment lawyers & claims, in place requiring every employer to take necessary steps to prevent workplace accidents from occurring, especially those which are foreseeable.

The duty of care that employers have towards its employees is implied in the contract of employment and it is the fundamental duty of an employer to ensure the safety of the workers at the workplace. Failure to do so or failure to take preemptive action in preventing the foreseeable incident is taken as breach of contract and the employer is liable for prosecution from the court of law.

If we take the example of O’Connor vs. Commissioner for Government Transport (1959) 100 CLR 225 at 229, the high court, upon every employer, imposes the duty to take reasonable care in preventing any workplace injury from happening.

“[B]y providing proper and adequate means of carrying out his work without unnecessary risk, by warning him of unusual or unexpected risks, and by instructing him in the performance of his work where instructions might reasonably be thought to secure him from danger of injury...The standard of care for an employee’s safety is not a low one.”

There are multiple employment laws safeguarding the rights of workers with various employment lawyers & claims who can assist you in achieving justice.

Moving Surveillance : Pointers to keep in mind

Conducting surveillance is by no means an easy task and in reality quite the contrary of a piece of cake as conceived by the general population. It may look easy to just have to follow a car in traffic, but any seasoned private detective will tell you otherwise. There are many ways where you can mess up the surveillance by closing too close so that the subjects gets the wind of you or following from such a distance that you miss the subject in a turn  or intersection. Keep the following pointers in mind before conducting a moving surveillance, so as to make the most of it and not to make a wrong turn entirely.

·   What are the right and most appropriate distance to maintain between you and the subject? This is one of the most frequently asked questions. The correct answer is that it depends upon the situation, the amount of traffic. The general rule is the more congested the traffic, the less the distance between you and the subject. As a rule maintain two or three car length distance.

·    Try to locate something unique about the vehicle you are following be it a bumper sticker or decals or body damages etc and memorize it by heart. Once you are on the road and the traffic is heavy the only thing that will help you to locate the subject vehicle is the uniqueness about it.

·   There are some places where it’s easy to lose the track of your subject vehicle. Intersections, bridges, toll booths are some of the places. Here you need to increase or decrease the speed according to the traffic lights and the horizon of the subject’s car. You need to keep an eye out for the stop lights and act judiciously so that not to fall into the place where the subject just whizzes past you w2hile you are stuck at a stop light.

·        While videotaping a subject, keep the sun on our back. For if the sun is falling on your lenses then it may render the video quality poor by reflecting light from the window panes.

There were just some of the pointers Private Investigator follow, so as conduct the moving surveillance efficiently and effectively.    

How to Buy Bitcoin ATM Machine- Some Important things to Consider

As per the Bitcoin ATM industry stats, there are a growing number of Bitcoin ATM installations worldwide. If someone wants to run his own Bitcoin ATM or install a bitcoin machine at existing local business, what are the main points to check and decisions to make beforehand? The following blog tries to answer the questions.

The Growing Demand of Buying Bitcoin Atm Machines:

Over the last couple of years, the demand of buying Bitcoin ATM Machine has increased a lot. There are many buyers all over the world willing to buy bitcoin ATM machines to earn revenue. With all the developments in Bitcoin area over the last couple of years, one thing became more prominent-regulation.

Basically, Bitcoin ATM business is not an exception. In many jurisdictions, you need to get a special license like MSB or others in order to conduct such a business. It is true that running a Bitcoin ATM without complying with the law might end up bad. In that case, the actual point is to begin the investigation in case you would like to run a Bitcoin ATM which is the legal framework for such activities in your region.

While running a Bitcoin ATM on your own might require a lot of investment in legal field such as creating your KYC  compliance policy, obtaining proper legal licenses, there is a better way to find the accessible Bitcoin ATM machines in your area so that you can work under their legal umbrella.

Imperative Things to Consider:

If you are really willing to Buy Bitcoin ATM machines, you need to choose a professional and reputed manufacturer who can help you from every manner you need. Whenever you choose a company or manufacturer make sure the company will provide you the maintenance and installation services. Not only that you need to ensure that the company is reliable enough to share your important banking documents as well.

You need to be very careful about the legitimacy and creditability of the company whenever you choose a well reputed ATM manufacturer. Usually, ATM processing companies of good reputation require an ATM processing agreement for a period of 3 to 5 years.

Moreover, if you are planning to run a Bitcoin ATM machines yourself, you need to find a good location for it. There are few vital factors to consider such as Traffic volume, availability, accessibility, open hours and business type.

Temporary Sponsored parent Visa

The Australian visa program is going through major upheaval in recent times. After abolishing the Temporary Work (skilled) 457 visa, the Australian Department of Immigration and Border Protection has introduced a new temporary sponsored parent visa. This new parent visa will be available in late 2017. There is Migration Agents In Sydney who can help you get this visa. 

According to DIBP

·        This new visa arrangement is for parents (biological or adoptive) and step-parents of Australian citizens, Australian permanent residents and eligible New Zealand Citizens.

·        A step-parent can only apply if they are still in a married/de facto relationship with a biological parent of the sponsoring Australian child.

·        Only one set of parents per household (that is maximum two people) can be sponsored for this visa at a time. 

To be granted a temporary sponsored parent visa, a person must satisfy a number of requirements, including:

• Having their Australian child approved as a sponsor
• Meet identity, health and character requirements
• Not having an outstanding public health debt in Australia.

They will also be required to hold, and maintain, health insurance, from an Australian provider, valid for their intended period of stay in Australia.

The visa application charge for:

• A five year visa will be AUD 10,000
• A three year visa will be AUD 5,000

There will be no financial bond for this visa.

This visa requires that a sponsor must:

• Be a biological, adoptive, or a step-child of their parent
• Provide valid evidence of their identity
• Be an Australian citizen, Australian permanent resident or eligible New Zealand citizen
• Be 18 years or older
• Have lived in Australia for at least four years
• Meet a household income requirement
• Meet character requirements
• Accept legal liability for any outstanding public health debt their sponsored parent accrues.

There are many Migration Agents In Sydney, who can assist you in applying for and grant of the visa.

Criminal Records: How to look them up

Criminal records, or sometimes referred to as police are the records of a particular person’s criminal history it contains information on whether the person has any record of conviction on offenses pertaining to criminal nature. The information on a typical criminal records cries with country to country and sometimes varies with different jurisdictions within a country. Most of the cases a typical criminal record contains only the non-expunged records of criminal conviction including traffic infringements like over speeding, drunk driving etc. While in some countries or jurisdictions criminal records contain only actual convictions by the court i.e. whether the person has pleaded guilty or has been indicted by the court whereas in other places it also contains cases where the person has faced arrests, charges pending and dismissal along with acquittals. Private investigators all over search and unearth criminal records for potential employers, lenders etc. so as to ensure credibility and trustworthiness.

Before looking up criminal records, private investigators need to have some specific information about the person for whom the criminal record is being searched.

·        Full name and date of birth from official and credible sources such as birth certificates etc for accuracy for there needs to be an exact match for name and date of birth.

·        The address where the person has lived or worked is also needed for one need to know under which jurisdiction the person has worked and lived so as search and acquire criminal records from that jurisdiction. 

Now that you know what is needed to search for criminal records, you need to know how to conduct the search for person’s criminal records in an effective way. The following elaborates the process.

·        First of all start with the obvious and most simplistic approach. Try searching the local courts, at whose jurisdiction the person has been residing or working. In some countries and jurisdictions the information has been put up online, in those places just search the record online and where it’s not you need to get the help of court retriever.

·        In many states a central criminal record database is maintained where criminal records from all the jurisdictions are kept as a state agency database. Although there are restrictions on who can access those records but state licensed private investigators can. A word of precaution here, sometimes the records may be inaccurate or outdated, so don’t use this as your primary source of information.

·         Sometimes the cases, especially with white collar crimes, may be pertaining to federal nature as opposed to being state matters. So in that case federal crime records needs to be searched. There are many databases such as Courtlink, which can be searched for criminal records.

·        When all else has failed, you can search the nationwide database for criminal records. Although it’s not highly advisable as they may contain outdated and inaccurate information, doing a nationwide search may help you in unearthing  records containing information about crimes committed in jurisdictions  and states other than that you have been searching.