These family disputes can have significant emotional impacts on everyone involved, especially children caught in the middle. Constant lengthy arguments with no results can just leave everyone stressed and frustrated and considering litigation. 

However, litigation is a major step that can be time-consuming and expensive. Instead, it can be beneficial to start with a more gentle, guided approach; this is where mediation comes in.

What is Mediation?

Professional mediation and Family Dispute Resolution is the process of having an unbiased third party assist in coming to mutually beneficial resolutions for conflicts. Family Dispute Resolution Practitioners help to start and guide respectful and progressive conversations.  

It is designed to be a therapeutic process that allows all parties involved to be heard and understood while moving along negotiations. Our job is not to speak for you, but to instead assist both parties in communicating for themselves and with each other without escalating or going in unproductive directions.

We believe that a little conflict is to be expected and can even be good, as long as it is not causing harm and is productive. We allow a little heat as long as things don’t get out of hand and we can see that progress is being made. 

The Benefits of Mediation

Cost-Effectiveness and Time Efficiency

Litigation and court hearings can be lengthy and expensive. Mediation, however, is more cost-effective and is designed to help reach resolutions quicker. 

While some mediation cases can take several hours or even several sessions to reach a place where both parties can talk productively and find a solution, it is still generally significantly quicker than litigation which can take months to even reach the courtroom let alone a resolution.

Quick resolutions also mean more cost savings for your family, so you can spend that money on moving forward and making new memories with your children. Additionally, lengthy litigation can take a toll on your and your children’s mental health as it drags out the conflict and leaves things unresolved for longer.

Flexible Methods

Mediation services can be tailored to suit your situation and needs. We understand that parents and families have different schedules and availability, so we work to create a plan that works for all parties.

Mediation can occur face-to-face in one of our offices, over the phone or even by shuttle where we deliver messages between the parties. Your mediation methods may change or evolve with progress. For example, our goal is to foster direct communication, so we aim to transition from shuttle where possible to a more direct method. 

Self-Guided

Family dispute resolution is designed to be led by the parties involved. We want you to reach a mutually beneficial agreement in the smoothest way possible. Our goal is not to guide towards any set solution, we are simply there to support both parties in communicating their perspectives and negotiating respectfully.

We give you the power to guide the conversations and find solutions that all parties can agree on. Every family is unique and will reach different resolutions. As long as the children involved are safe and both parties are satisfied, there are no right or wrong solutions.

Improved Communication and Relationships

Mediation can also help in fostering healthier communication and relationships between co-parents. When both parties can communicate with each other respectfully and clearly, things will flow smoothly. 

Being able to have civil conversations and get on the same page, even after separation, is important as you will likely continue to have a relationship with your co-parent for your children’s benefit. Through mediation, many parents reach a mutual agreement about how to raise their children and when they each get visitation and custody. This fosters happier and healthier relationships all around.

When to Consider Mediation

If you find yourself in the middle of a family dispute and unable to reach an agreement, it may be time to consider mediation services. Separations can be stressful, especially if you didn’t part on amicable terms. This can lead to tense conversations or cut off communication altogether.

In these situations, it’s best to contact a Family Dispute Resolution practitioner for tailored advice and solutions. This impartial third party can help to improve conversations and foster a respectful relationship that ensures smooth parenting for the children involved.

Manage Family Disputes Smoothly with Mediation First

If you’re caught in the middle of an endless family dispute with no resolution in sight, consider mediation. In some situations, you may still find litigation is necessary, however, we believe that mediation is a good place to start.

Our experienced Family Dispute Resolution practitioners at Richard Zande & Associates can help provide tailored advice and mediation services to help you and your co-parent reach mutually beneficial solutions.

The post Why Mediation Should Be Your First Step in Managing Family Disputes appeared first on Richard Zande & Associates.

Though we can’t foresee the future or avoid the inevitable, one of the most meaningful steps we can take to protect our loved ones is to maintain an up-to-date will. It’s an essential task that often gets overlooked or postponed, but regularly reviewing and updating your will ensures that your assets are allocated according to your wishes and that your family is well cared for.

What is a Will?

A will is a legal document that outlines your wishes regarding your property or estate after you pass away. This can include leaving your property to your children, grandchildren or other parties or selling it and dividing up the money a certain way.

In your will, you will need to appoint a trusted executor to carry out your wishes as outlined and clearly name the beneficiaries who will be inheriting your property. You will then need to sign it, along with two witnesses to ensure it is legally binding.

Reasons to Update Your Will Regularly

As we age and go through life, we experience new things that change our perspectives and desires. We welcome people into our lives and sometimes say goodbye to others. All while accumulating new items or properties that we treasure and that have significant value.

As this happens, you will likely have someone in mind to leave it all to, but that can also change over time as people come and go. Keeping your will updated is the only way to guarantee that your wishes are honoured, should anything happen to you.

How Often Should You Review Your Will?

It’s not necessary to update your will every other month or even every year, especially if there are no significant changes in your life. However, there are a few major life changes that necessitate a will update, such as:

• Getting married
• Having children
• Separation or divorce
• Death of a beneficiary
• Estrangement from a beneficiary
• Changes in asset ownership
• Major health changes or diagnosis

When any of these things happen, it can make you reconsider who you want to inherit your estate. So, updating your will regularly is essential for ensuring that it reflects your current desires.

In lieu of any life-changing events, we recommend that you review and consider updating your last will and testament every three to five years. Often our desires and perspectives change more than we perceive or believe, but when we read those plans back it can become obvious.

Consequences of Not Updating Your Will

If you choose not to update your will or just continue to put it off and then something unexpected happens, it can have consequences. Life can change quickly, and if your last will and testament doesn’t reflect those changes, your property may end up in the wrong hands or the court may be left to make decisions on your behalf after you’re gone.

Family Disputes

This can cause disputes among your family or beneficiaries that result in lengthy and expensive court battles, severed or tense relationships and a reduction in the value of your estate. One major example of this is if you divorce and do not update your will afterwards, your estate could be left to your ex-spouse rather than your family, leaving them to potentially go to court to get access to your assets.

Tax Law Changes

Additionally, as tax laws change it can lead to increased tax liabilities for your estate and beneficiaries. This diminishes the overall value of the inheritance, leaving them with less than you originally planned. 

Invalidation of Will

Finally, certain life events can invalidate your will. Marriage or divorce for example can revoke or cancel out certain gifts or terms of your will, leaving it incomplete and invalid. If a will is deemed to be invalid, it is then left up to the courts to distribute your estate.

Ensure Binding Estate Planning with an Updated Will

So, in conclusion, it is important to set aside some time for updating your will, especially after any major life events. Whether you expect anything to happen or not, life happens and unfortunately so do accidents or serious illnesses. If you are not prepared, your assets may not end up where you want them to.

If you need any assistance or expert advice, you can contact our will and estate lawyers at Richard Zande & Associates. We will help you draft up a binding document that covers all of your desires for your estates.

The post The Importance of Regularly Updating Your Will appeared first on Richard Zande & Associates.

So, to help make this trying time a little easier for you and your children, we have compiled a list of things you can do to support them.

Understand Emotional Responses in Children

The first step is to understand their emotional responses. Going from having both parents around all the time to only one or having to split their time can feel overwhelming and confusing, especially for younger children. To them a divorce can feel like their whole worldview is changing around them, which can make them feel lost, confused and even angry.

It is normal for children to act out a little during this time while they try to understand and accept the changes. So, you may need to be a little extra patient with them and offer some extra support.

Have Clear Communication

Children may not understand the changes or why they are happening, which can make them even more overwhelmed or upset. Having clear conversations with them about the divorce and changes in the living arrangements can help to make the process a little smoother.

However, you may need to be tactful in the way you communicate with them to ensure they understand. It’s also important to make sure they understand both parents still love them and that the situation is not their fault, as some children may naturally feel guilt or blame themselves when they don’t understand.

Protect Your Children From Co-Parenting Conflict

As a side note to having clear communication, it’s also important to communicate clearly and effectively with your co-parent. It is normal for there to be misunderstandings and conflict while the divorce is fresh and you are both trying to agree on arrangements.

During this process, it’s best to keep children away from and out of these conflicts to reduce further emotional confusion. For the smoothest transition, collaborative approaches are best, however, if you’re finding it difficult to communicate between yourselves or reach a mutually beneficial agreement, mediation or family dispute resolution services can help.

Engage Practical Support Techniques

In addition to offering support and clear communication, there are also practical techniques that you can enact. This can include creating a sense of stability for children or seeking professional services.

During a time when everything feels upside down, it can be helpful to create a sense of stability. This can include encouraging consistent routines for when your children visit each parent, who takes them to school and extracurricular activities and keeping weekends smooth yet fun.

While we understand that this can be difficult in the early stages of the divorce, it should be a priority to set stable co-parenting arrangements as soon as possible. 

Prioritise Self Care

During the early stages of the divorce especially, it’s essential to prioritise self-care, both for yourself and your children. Taking care of yourself takes care of more than just yourself. This is to say that, you are unable to give your best self and support to your children if you are not taking care of yourself.

By setting aside time to care for yourself and your own emotions regarding the situation, you can then use the rest of your time to be there for your children and provide them with the support they need.

Self-care can also be something that you can do with your children in the form of a spa or relaxation day. You can use this as an opportunity to bond with your children and show them that it is important to care for their emotions and well-being.

Consider Professional Support Services

Finally, you don’t have to do it all alone! When going through a divorce, you may feel like you have to be strong and prove that you can manage everything on your own, but that is not true. This mentality can actually make things more difficult and result in burnout and more stress.

Instead, lean on support services available to you. This can include counselling, therapy or mediation.

Family or individual counselling or therapy can help you and your children to process your emotions more effectively and accept the changes. Adult and child counsellors or therapists are trained to help their clients through difficult and confusing situations, such as divorces. While your support is great, having an impartial, professional service can also be beneficial for children.

Or, if you’re struggling with creating a mutually beneficial co-parenting arrangement or communicating with your co-parent, you can consider professional mediation. These services can help you develop respectful communication styles and guide negotiations for a smooth and peaceful resolution for everyone involved.

Provide Your Children with the Support They Need

Divorces create trying times for everyone involved, especially children. But with a lot of support, communication and self-care, you can make this lifestyle transition a little smoother. Remember that your children may not understand everything going on in their family, so be there for them and explain any changes as clearly as possible.

If you need any support with finalising your divorce or creating peaceful co-parenting arrangements, our family law professionals at Richard Zande and Associates can help.

The post How to Support Your Children Through Divorce appeared first on Richard Zande & Associates.

Depending on the circumstances of your separation, creating a mutually agreeable arrangement can be stressful and often at times even feel impossible. With professional mediation services, we can help you develop a peaceful co-parenting arrangement that benefits all involved.

What are Professional Mediation Services

Professional mediation services are run by a Family Dispute Resolution Practitioner who helps to promote civil and productive conversations between both parties in cases relating to children. It is a cost-effective and generally positive alternative to litigation.

Before beginning mediation, we will complete an intake session to understand the issues and both parties’ disputes. If we deem it appropriate to move forward with mediation we will then set up sessions either face-to-face, over the phone or via shuttle (where we pass along messages) depending on your situation.

During the mediation sessions, we will assist both parties to lead discussions freely and productively. Our goal is not to drive the conversation, but to keep it respectful and productive. Mediation is designed to be therapeutic and help both parties reach a mutually beneficial agreement.

How Professional Mediation Can Help Co-Parents

Enhanced Communication Skills

We understand that with difficult separations it can be difficult to communicate clearly and effectively without letting emotions get in the way. Mediation is designed to help drive respectful and productive conversations between parties. 

Our practitioners can help start discussions and offer input of guidance where necessary to keep the conversations flowing in the direction of a positive outcome. However, our role is not to find the solution for you, we are here to help you find the solution through productive communication.

The hope is that going forward both parties will have gained the communication skills and respect to continue to communicate clearly and create peaceful arrangements for future situations.

Reduced Conflict and Stress

We understand that trying to find mutually agreeable solutions with work, responsibilities and your child’s school or extracurricular activities can be stressful. But this is where mediation can help.

Having an impartial third party in the room can help to minimise stress and conflict. While some levels of conflict are good and can be productive, we aim to ensure discussions stay respectful and do not cause harm to either party.

By managing stress levels and conflict, you will often find it easier to negotiate and find gaps in each other’s schedules. This will make for a more peaceful and mutually beneficial co-parenting arrangement.

Mutually Beneficial Co-Parenting Arrangements

When tensions are high and both parties want to be right or want to be the best parent, it can be difficult to negotiate or let anything go. However, with professional mediation services, we aim to ensure both parties are heard and understand each other’s perspectives.

By listening clearly and being considerate of both perspectives, communication and discussions can go smoother. This can result in positive negotiations for mutually beneficial outcomes, so you can establish a co-parenting arrangement that suits everyone involved.

Focus on Children’s Best Interests

In the heat of the moment, it is easy to let your own emotions cloud your judgement, however, co-parenting agreements are all about doing what is best for your child or children. As an impartial third party, we can help both parties take that step back and put the children at the forefront.

A peaceful co-parenting agreement will consider both parents’ circumstances as well as the children involved. This can include considering the distance from learning environments, extracurricular activities and how each parent’s schedule suits them.

Peaceful co-parenting will also produce less stress for the children involved. In these situations, children can get caught in the middle of discussions or conflicts and end up feeling like they are letting their parents down when making decisions. With mediation, you can take this conflict and stress back off your children and manage it yourself by making appropriate positive agreements. 

Improve Your Co-Parenting Arrangement with Professional Mediation Services

With professional mediation services, you and your co-parent can start to develop more positive and productive communication skills for mutually beneficial negotiations. By being aware of all circumstances and perspectives and respecting their differences to put their children first, it is generally easier to bring peace to the co-parenting situation.

If you need assistance creating a positive and peaceful co-parenting arrangement for your children, it may be time to consider mediation. Our experienced and supportive Family Dispute Resolution practitioners at Richard Zande and Associates can help guide you through the process and negotiations.

The post How Professional Mediation Services Can Help Create a Peaceful Co-Parenting Arrangement appeared first on Richard Zande & Associates.

Holidays are meant to be a fun and festive time of year for the whole family. However, every family is unique and different family structures and dynamics can add an extra level of stress and difficulty when it comes to the holidays.

We know this can be especially true for co-parenting families, with both parents wanting to enjoy this special time of year and have quality time with their children. Regardless of where you are at in your separation, these tips can help your family have co-parenting success these holidays.

Understanding the Dynamics of Co-Parenting During Holidays

Whether you have recently separated or have been separated for a while, the holidays can continue to bring up challenges and stress for parents and children alike. It’s important for children to spend quality time with both parents during the holidays, but this can be difficult with scheduling conflicts, the logistics of getting time off from work, and differing household traditions.

Navigating these factors can be stressful and cause strong emotional responses and conflict from all parties involved, including children. Children will often pick up on these emotions and conflicts, which can dampen their holiday spirit.

By recognising these dynamics and how they can impact moods, you can make some simple changes to help keep the spirit alive and have a positive co-parenting experience.

Tips to Improve Co-Parenting During Holidays

Fostering Effective Communication

Establishing and fostering open lines of communication between co-parents and children is the best way to minimise conflict. Clear and respectful conversations are necessary to ensure that everyone is on the same page and is aware of any expectations or requests.

Having clear conversations with your child or children regarding their hopes for the holidays can help both you and your co-parent stay on the same page and prioritise your child’s desires. Also, make sure your co-parent is aware of any boundaries or availability you may have to prevent issues.

Creating a Holiday Co-Parenting Plan

Part of clear communication is creating a balanced schedule that suits everyone and allows your child or children to spend a good amount of quality time with both parents. This can include drafting up a calendar for the holiday season that lists your availability, time off, tentative plans and who will be having the children when. Or agreeing to alternate holidays or years if you live further apart or have plans to travel. 

When creating your holiday plans, it’s important to leave some wiggle room where possible for unexpected changes or special events. Respectful communication is essential when making plans to minimise conflict and ensure a smooth and joyous holiday for everyone, especially your children.

Putting the Children First

Most parents will agree that their children’s happiness is their top priority. So, make sure this is reflected in your communications and holiday plans by listening to their desires and including them in the plans where possible.

This includes considering any requests for holiday activities, times that they want to spend at a specific house or holiday traditions that they want to participate in. We know it’s not always possible to make everything happen exactly the way they hope, but by listening and making attempts you can ensure your children feel valued and heard. This can also foster a more positive mood and even help you create more successful plans for everyone involved. 

Then, make sure to spend time creating positive and lasting experiences that keep your children at the forefront. Scheduling fun activities can help keep your children entertained and will be happy memories that last forever.

Managing Emotional Wellbeing

Finally, take time to care for your and your children’s emotional wellbeing. Holidays can be stressful, but by practising mindfulness or talking to a trusted friend or professional you can manage any big emotions and stay on deck for your children.

Positive support can make all the difference during the holidays, for both you and your children. Children perceive and take on more emotions and stress than some parents know or would like to think they do, so you need to support them.

Always emphasise the importance of communication and show your children that they can trust you and talk to you or your co-parent anytime and that you’ll do whatever you need to help them.

Consider Professional Mediation

None of these tips will work if you are unable to clearly and respectfully communicate with your co-parent. If the lines of communication are tense for any reason, you may need to consider scheduling professional family dispute resolution and mediation services.

During mediation, we can help to manage disputes and create mutually beneficial schedules for successful co-parenting. Our goal is to open up healthy communication between both parties. We understand that some conflict can be healthy and a little heat is to be expected, but we are there to prevent any escalation and ensure that you reach a mutually beneficial resolution.

Enjoy Successful Co-Parenting These Holidays

Making a few adjustments can be necessary to get through the holidays, especially with different family dynamics and situations. With clear communication and detailed yet flexible plans that put your children first and by nurturing emotional health, you can keep the holiday spirit alive and create happy memories that last forever.

However, we understand that implementing these methods can be difficult when tensions are already high. So, to help make your holidays smooth and enjoyable for everyone, our family law professionals can help you establish respectful and productive lines of communication through family dispute resolution and mediation services. 

The post Tips for Co-Parenting Success During the Holidays appeared first on Richard Zande & Associates.

Separations are unfortunately common during the holidays. Whether it is from the added stress, expectations or a buildup of personal issues, separation is rarely easy, especially if children are involved.

The holidays are meant to be full of joy, magic and happy memories, so when parents separate it can be difficult for children to understand or accept. It can even bring the spirit of the season down for them.

To help you keep the spirit alive for your children, even during difficult times, we have compiled some tips to help you manage and make the holidays fun.

Managing Emotions And Stress During The Holidays

The separation of parents can be overwhelming for children at any time of the year, but especially during the holidays when everything is meant to be happy and perfect. This can cause big emotions to arise that they may not know how to handle. It can also cause stress if they feel like they have to choose between their parents.

Here are a few ways you can help them manage their emotions and stress:

Acknowledge and Accept Feelings

When children have not felt such strong emotions before they may feel like they have to hide them or they may be scared by them. Some children may also try to conceal their feelings to protect their parents if they can see they are already stressed or sad.

The best way to manage this is to acknowledge their feelings and your own and tell them it is okay to be sad, angry, scared, or any other emotion they may feel. Make sure they understand that they don’t have to accept everything right away and give them space to feel and express their emotions.

But most of all, make sure they know you are there for them if they need it and that they are not alone.

Practice Relaxation Techniques

Part of managing big emotions is learning how to relax and manage them. During the holidays it may feel as though you should be doing lots of fun activities, but during tough times it can be more beneficial to take some time.

Amidst all the activities, schedule some time for self-care. This could be meditation, kids yoga, a spa day or having a few quiet movie nights at home. Self-care is anything that helps to recharge your mental and physical batteries so you can manage emotions and stress.

Seek Support From Friends, Family, Or A Therapist

Managing these emotions on your own can be difficult, but the fact is you don’t have to. During the holidays you are generally surrounded by loved ones and friends you can trust. You can lean on them for support for you and your children.

If you have any friends or family who have gone through a separation and have children it can sometimes help to connect them. This allows them to know they’re not alone and allows them to find joy together.

Additionally, professional therapy can help. Friends and family are great, but therapists are trained to provide the support that families and children need during tough times. While many services break for the holidays, some will be operational or offer telephone support as they know how difficult this time of year can be.

Tips For Keeping The Holiday Spirit Alive During Separation

All these big emotions and the sadness of not having both parents together can take away some of the holiday spirit for children. But there are a few things you can do to help keep the spirit alive and ensure they have a good time.

Focus on the Positive Aspects

When children are feeling sad, everything can feel like the end of the world and depressing. While it is perfectly normal and okay to feel and express these feelings, you don’t want them to ruin the whole holiday for them.

Instead, take some time to focus on the positive aspects and remind them that you are still there. Support them and find ways to cheer them up and get them back into the spirit of the holidays.

Create New Traditions and Memories With Your Children

One way to focus on the positives and bring back the spirit is to create special new traditions and memories with your children. While you likely have a range of family traditions that you and your ex created, this is a time that you can research new places to go and experiment with new activities.

As you will likely be splitting your time with your co-parent, make the most of the time you have with your children. Go to fun new events or start new traditions that are specific to their time with you.

Engage In Fun Activities

Having fun and making happy memories can distract your children from the separation, if only for a little while. Getting out of the house or even doing fun activities at home like baking, playing games or decorating the house can add a sense of stability or normalcy to your children’s holidays.

This can help to show them that everything will be okay eventually and that the holidays can still be fun.

Communicate Effectively With Your Ex Or Co-Parent

Co-parenting stress and conflict can impact your children. When co-parents disagree it can make the children feel like they have to choose or like they are disappointing one of their parents.

By communicating clearly and effectively with your ex, you can create boundaries and arrangements that work for both parties and keep the children happy and supported. This ensures that you both will get quality time with your children over the holidays and get to make special memories with them.

If you feel like you are unable to communicate effectively or make plans that work for everyone involved, you may need to consider professional mediation or Family Law services. Family Law Practitioners can help resolve parenting disputes and create mutually beneficial arrangements.

Enjoy the Festive Spirit Through the Difficult Times

With these tips, you can keep the festive spirit alive and ensure your children enjoy their holidays despite the separation. Remember that your children’s well-being should come first and providing support is the most important thing when going through a difficult separation.

If you require any legal advice or mediation services to get you through this difficult time of the year, reach out. Our friendly and experienced Family Law practitioners can help ensure a smooth separation process for your whole family.

The post Keeping the Holiday Spirit Alive During Separation appeared first on Richard Zande & Associates.

The post Family Law Property Settlement appeared first on Richard Zande & Associates.

Buying a house is often one of the biggest purchases you will make, it is a time of great excitement but it may also be terrifying, particularly if it is your first home.

There are some important things to consider when you are buying a home including finance, searches, insurance as well as making sure everything is completed by the required dates.

When it comes to your finance, whilst it is helpful to have pre-approval before signing a contract it is not a requirement. Your contract may be subject to you obtaining finance for the purchase. For a contract to be subject to finance there are three (3) questions that must be answered: Who your finance is through (often it will simply say Buyer’s Choice), how long do you have to obtain finance as well as the amount of finance required (often this will say sufficient to complete). If one of these three questions is not answered your contract may not be subject to finance.

Once you have found your dream home, you should consider whether you have any specific concerns and undertake searches to help prevent concerns popping up in the future as well as obtaining building and pest reports. You may wish to consider whether you will be able to build the double bay shed you had envisioned in the backyard or whether you can dig in a certain location to install a pool for the kids. Other searches you should consider are council approvals (making sure all buildings and extensions are approved by council), rates and water (to ensure all accounts are up to date) as well as sewerage and drainage maps (to ensure you can build/dig where you wanted).

Generally, the property will be at the buyers risk from the first business day after the contract date. This means that whilst the sellers may still reside in the property, you should have the property insured. Many financiers have their own requirements with respect to insuring the property and will often need to be noted on the insurance prior to settlement.

A common misconception is that if you are buying your first home you will not be required to pay stamp duty. This is not always the case, depending on the value of the property and whether you will reside in the house for the first 12 months (or build on the vacant land in the first 2 years) will decide whether you are exempt from stamp duty completely or how much stamp duty will be payable.

Purchasing a home is exciting, but it is stressful. It is a good idea to have a local team that you trust to help you through the process and who will put your mind at ease (especially coming up to settlement).

The post Buying Your First Home appeared first on Richard Zande & Associates.

As an Employee you are entitled to a minimum standard of entitlements. From 1 January 2010 these minimum entitlements are contained in the National Employment Standards however relevant contracts and awards may impact what the standards are for your particular position.

National Employment Standards

The National Employment Standards were introduced in January 2010 and comprises of ten (10) minimum standards of employment involving minimum entitlements around maximum weekly hours of work, requests for flexible working arrangements, parental leave and related entitlements, annual leave, personal and compassionate leave, community service leave, long service leave, public holidays, termination and redundancy pay as well as provision of a Fair Work Information Sheet[1]. The Standards are geared towards permanent employees, both full time and part time, however some of the standards also cover those employed on a casual basis.

38 Hour Week

Maximum weekly working hours are currently set at 38 hours in accordance with the National Employment Standards however reasonable additional hours and overtime is provided for. Reasonable is a subjective term and when determining whether additional hours are reasonable factors need to be considered including whether there is a risk to the employee’s health and safety, personal circumstances of the employee, notice provided, usual patterns of work in the industry, nature of the role and level of responsibility, whether the employee will be remunerated amongst other relevant matters.

Flexible Working Arrangements

The normal 9am to 5pm in the office is not always suitable or relevant, depending on the position, industry or personal circumstances. You may be eligible to request a flexible arrangement provided that you have completed a minimum of 12 months continuous service immediately prior to the request being made. This standard also covers casual employees provided that they have been employed on a regular and systematic basis for a period of at least 12 months and that there is a reasonable expectation that the employment shall continue.

Grounds for requesting flexible arrangements may include having a disability, being a parent or carer or experiencing family violence and flexibility requested may include change of hours, change of patterns of work or altering the location of work (i.e from home or another location). It is important to consider the request and be reasonable with the terms. The request should be put in writing to your employer, who then has 21 days to consider the request and provide a response including any grounds for refusal. The employer may refuse the request however only on reasonable grounds such as the proposal being too costly for the employer, having a significant impact on customer relations, significant loss of efficiency or simply impracticality. For example, asking to work from home as a swim teacher, when you don’t have a pool, is simply impractical.

Parental Leave & Related Entitlements

The National Employments Standards provides for parental leave along with related entitlements including unpaid special maternity leave, a right to transfer to a safe job or to ‘no safe job’ leave, consultation requirements, a guarantee to return to work as well as unpaid pre-adoption leave. These entitlements cover all employees provided they have completed at least 12 months continual service and if a casual employee that they would have a reasonable expectation of continuing employment on a regular and systematic basis.

Parental leave covers relationships whether married, de facto as well as same-sex relationships and provides cover for the birth of a child of the employee, employee’s spouse or de facto partner and for the placement of a child under the age of 16 with the employee for adoption. The standard for parental leave is 12 months unpaid, however a further 12 months may be requested and should not be rejected unless there are reasonable grounds to do so, including the effect on the business, the inability to manage current work as well as an inability to replace the employee for the period of time.

There are various other related entitlements to parental leave however in particular that an employee is guaranteed to return to work following an unpaid period of parental leave, entitling them to either their pre-parental leave position or alternatively if that position is not available a position that is available and nearest in statutes and pay to the position previously in. As an Employer, you should ensure that any employee hired to fill a position of an employee on parental leave, is aware that the engagement is temporary and that the employee on leave has a guarantee to return to work when the unpaid leave concludes.

Annual Leave

Annual leave, often referred to as holiday pay, allows an employee to be paid whilst having time off from work. An employee is generally entitled to 4 weeks annual leave based on their ordinary hours of work, however shift workers may be entitled up to 5 weeks. Many positions commence with a probationary period, however it is important to know that your leave entitlements begin accruing on the date you commence employment and that any entitlements in this regard will roll over from year to year. Leave will accumulate gradually whether at work or on paid leave however will not accrue on unpaid leave.

Your employer may have regulations around the taking of Annual leave however it is important to note that your request should not be denied unless upon reasonable grounds.

Personal & Compassionate Leave

As an employee you are also entitled to personal and compassionate leave, which includes sick and carer’s leave, compassionate or bereavement leave as well as family and domestic violence leave. These leave entitlements may be taken when it affects the employee or their immediate family (child, spouse, household member, parent, sibling or grandparent) however also includes step-relations.

Compassionate and bereavement leave is provided for up to 2 days paid leave, however this does not accrue and further leave may be taken by agreement with the employer or alternatively unpaid leave. This are similar provisions for family and domestic violence however up to 5 days is provided under this and it is unpaid leave unless otherwise agreed or provided for.

Sick and Carer’s leave is provided for permanent full time or part time employees and the standard is ten days or pro-rata for part-time employees. Similar to annual leave, personal leave is accrued from the day you commence employment and rolls over year to year. You may be asked to provide evidence of the requirement for leave which may include a medical certificate, however a Statutory Declaration will generally also be acceptable. If you need to take extended sick leave, you may take up to 3 months (consecutively or in a 12 month period), paid, unpaid or a combination of both, sick leave and you will generally be protected from dismissal.

Community Service Leave

Employees, both permanent and casual, are entitled to take community service leave for activities including jury duty or voluntary emergency management activities. Emergency Management Activities will be activities including natural disasters, that are undertaken on a voluntary basis and that the employee has been requested to engage.  Groups such as State Emergency Services or Rural Fire Fighters would be considered as emergency management activities however will also include civil defence groups, emergency disaster groups or even the RSPCA. An Employee should give as much notice as possible, though this may be after the fact and provide the period (or expected period) of leave required.

Jury duty is generally a requirement of all Australian Citizens over the age of eighteen however in certain circumstances it may not be appropriate for you to partake or you may seek to be excused. If a permanent employee does attend Jury Duty the employer should provide make up pay, being the difference between any jury duty payment the employee receives and their ordinary pay. The employer has reasonable grounds that evidence is provided of steps taken to obtain payment for your service along with a total amount paid, or payable, to the employee.

Long Service Leave

The National Employment Standards provide that employees are entitled to Long Service Leave however the particulars of the leave are state based. In Queensland the Long Service Leave entitlements, as a minimum, are provided for by Industrial Relations. In Queensland Full-Time employees are entitled to take 8.6667 weeks of paid leave after a period of 10 consecutive years service. An employee may be entitled to a possible pro-rata payment on termination or by leave by agreement with their employer.

Casual and regular part time employees may also be entitled to long service leave after a period of 10 continuous years’ service however their entitlement would be based on their total number of ordinary hours worked.  This may cause issues when an employee has been part of mixed employment, being casual, part time and/or full time and accordingly it is vital that careful and thorough records are kept to ensure that any entitlements accrued are accurate.

Public Holidays

Public Holidays may vary state to state, or even between localities within a state. An Employer may request that an employee work on a public holiday however, depending on the state and any award or agreement, the employee may decline or work or alternatively be entitled to remuneration or a day in lieu. Should you work on a regular roster system, the employer cannot reasonably amend your hours or schedule to prevent your hours falling on a public holiday.

A list of the regulated public holidays may be found at https://www.fairwork.gov.au/leave/public-holidays/list-of-public-holidays#QLD.

Notice of Termination

Whether the employment is terminated by the Employee or the Employer there are notice periods. For dismissal, the person terminating the employment (whether employee or employer) will generally be required to give between 1 and 5 weeks notice depending on the length of employment and the age of the employee (an employee over the age of 45 is to be given a further week above the standard) however an award, contract or agreement may set out longer periods of time[2]. The exception to this is when the employer is terminating the employment on the grounds of serious misconduct in which case instant dismissal may occur or if the employee is employed on a casual basis. The Employer is generally required to provide written notice with details of the last date of work.

An Employer and Employee may mutually agree to a lesser notice period or alternatively to notice being paid out in lieu from the employee’s entitlements.  If an Employee fails to attend in the notice period without leave then the employer may be able to withhold paying out entitlements in lieu of that period. At the end of the employment any annual and long service leave owing to the employee must be paid to them.

Should an Employee believe that they have been unfairly dismissed, whether due to discrimination, a reason that is harsh, unjust or unreasonable or for another protected right, it is critical that they obtain advice as soon as possible as they have 21 days from the date they are dismissed to lodge an Application for Unfair Dismissal with the Fair Work Commission.

Fair Work Information Sheet

At the commencement of employment an employee may be provided with an employment packet including a role description and a contract however this is not a requirement. However, an Employer is required to provide ALL new employees with a copy of the Fair Work Information Statement [3] which contains the information of the National Employment Standards. This statement may be provided in person, by mail, email or fax or by provided a link to the relevant website.

Employment provides obligations on both the Employer and the Employee to ensure that everyone is aware of the National Employment Standards and that the standards are complied with along with awareness of relevant awards and agreements. In all employment matters it is important to obtain advice early on whether from Industrial Relations, Fair Work, a relevant union or independent legal advice to ensure that all parties are aware of their options, rights and obligations and to attempt to resolve any concerns.

[1] https://www.fairwork.gov.au/employee-entitlements/national-employment-standards

[2] https://www.fairwork.gov.au/ending-employment/notice-and-final-pay/dismissal-how-much-notice

[3] https://www.fairwork.gov.au/employee-entitlements/national-employment-standards/fair-work-information-statement

Photo by Hunters Race on Unsplash

The post National Employment Standards appeared first on Richard Zande & Associates.

If you have ever seen an episode of Law & Order you would have heard the phrase you have the right to remain silent. Whilst the show is based in the United Stated, here in Australia we advise client to always discuss a matter with a Solicitor prior to participating in an interview. If the Police do interview you, the best advice we can give you is to simply say that “I do not wish to participate in an interview until I have had advices from my solicitor”.

Depending on your charge you may either have your charged heard in the Magistrates Court of Queensland or for more serious charges it may be required for it to be heard in the District Court or the Supreme Court.

If being heard through the Magistrates Court of Queensland you and your representation will attend in the Magistrates Court and either enter a plea of guilty or set it down for a Hearing. It is only if your matter is set down for a hearing that you will usually receive a brief of evidence (copies of the evidence against you) and then you will have a hearing before a Magistrate only.

If your matter is going to a higher court (i.e District Court or Supreme Court) then it will go through a committal process where you will receive a full brief of evidence and then handed up to the higher court (District Court or Supreme Court). Once it is in the higher Court, and note that this could take up to six (6) months to happen, then you will need to either enter a plea of guilty or set the matter down for a trial which will usually be before a Judge and Jury.

You should consider your plea, as by entering a plea of guilty you are confirming that the facts placed before the Court are true however you are often rewarded by entering a plea early on as you have taken responsibility and not wasted public monies.

When your matter proceeds by hearing, you will be given a trial number and a sittings date. This means that if you are trial 3 commencing on a certain date, there will be two (2) other trials before yours is heard and depending on how long they go for (sometimes they do not proceed, sometimes they go for days) is when your trial will commence. During this time it is essential to remain in contact with your solicitor as they may only find out the afternoon before that your trial will commence.

The post Police Charges appeared first on Richard Zande & Associates.