News Briefs
BUSH PUSH
Legal conditions in regional areas will be scrutinised at the inaugural National Rural Regional Law and Justice Conference to be held in Warrnambool, Victoria, in November. Deakin University will host 100 delegates from government bodies, industry, regional and community organisations and indigenous support services at the event. Speakers will explore the themes of social justice, legal practice and the administration of the legal system in rural Australia. Deakin University received a grant from the Victorian Law Foundation last year to investigate whether living in regional parts of Victoria carried legal disadvantages. Richard Coverdale, a research fellow at the university, says there has not been enough formal inquiry into the difference between legal services offered in metropolitan and regional areas. "Anecdotally we have been told people can potentially face a range of difficulties in dealing with court processes as a consequence of living in a rural or regional area," Coverdale says.
JOB SECURITY
As they weigh up offers, job candidates appear to be looking at more than salaries and perks such as an in-house gym. After surveying 668 jobseekers, recruitment firm Hays reports that there is a move towards risk-averse candidates being more concerned about the stability of firms and companies they are considering joining. In an apparent response to the global financial crisis, Generation X, in particular, is far more cautious about career moves. In other generational trends, it appears that Generation Y wants to cement opportunities for career progression while Baby Boomers and Generation X place more importance on maintaining a good work-life balance. "One big change in perspective for Generation Y has been the replacement of salary with career progression as the most important consideration when looking for a job," says Grahame Doyle, a director of Hays. The survey highlights the importance of communication between employers and employees. "A high proportion (on average 73 per cent) of the generations agreed that they value open and honest communication from their employer much more than before the (financial crisis)," Doyle says.
TAX SERVICES
Changes have come into effect for regulating the provision of tax agent services and Business Activity Statement services under the Legal Practitioners and the Tax Agent Services Act 2009. The new rules started on March 1. The Taxation Committee of the Law Council's Business Law Section has prepared a summary of the impact of the changes. They are as follows:
1. As in the past, legal practitioners will be able to provide all tax agent services other than the preparation and lodgement of tax and BAS returns, without being required to become registered tax agents.
2. A legal practitioner who is the trustee or legal personal representative of a trust or a deceased estate may charge a fee of the preparation and lodgement of tax and BAS returns for that trust or deceased estate.
3. Any legal practitioner who wishes to prepare or lodge a tax or BAS return for a fee other than in the capacity as a trustee or legal personal representative of a trust or deceased estate must be a registered tax agent.
4. Legal practitioners who were registered as tax agents under the old regime will automatically be registered under the new Act until their current registrations expire. When that happens, they will have to register under the new Act. If they were registered before 1988 and have remained registered up until March 1, they must meet the fit and proper person test but do not have to prove qualifications or experience.
5. Legal practitioners who were not tax agents under the old regime may become registered tax agents by application to the Board and compliance with the requirements set out in the Tax Agent Services Regulations 2009 (Regulations).
6. The Board is in the process of determining the academic and practical requirements to be applied under the regulations.
7. To qualify for registration as a registered tax agent, a legal practitioner may either: qualify by direct application to the Board. This will require:
7.1.1 having completed an approved course in basic accountancy principles
7.1.2 having completed an approved course in tax
7.1.3 having engaged in 12 months of full-time relevant experience in the preceding five years; or alternatively
7.2. qualify by membership of a recognised tax agent association (RTAA). This will require:
7.2.1. being a voting member of that RTAA; and
7.2.2 having engaged in the equivalent of eight years of full-time, relevant experience in the preceding 10 years.
7.3 For the purposes of both 7.1 and 7.2 relevant experience means having practised as an Australian legal practitioner "in the course of which the individual's work has included substantial involvement in one or more of the types of tax agent services described in section 90-5 of the Act, or substantial involvement in a particular area of taxation law to which one or more of those types of tax agent services relate".
8. Therefore, if a legal practitioner is a member of a State or Territory law society or institute which has become a RTAA (or of some other body which is a RTAA) all that is required is for that member to have satisfied the "substantial involvement" requirement of sub-paragraph (b) of paragraph 206 for that member to be entitled to be registered by the Board as a registered tax agent.
For more detailed information, visit the Law Council's website at www.lawcouncil.asn.au/media/news-article.cfm?article=D07F7D80-1E4F-17FA-D270-23F6EC542B2E .
GENDER FIGHT
Respected lawyer Elizabeth Broderick is coordinating a push by business to promote women's rights through a powerful new advisory group designed to improve pay and conditions for female workers. The Male Champions of Change is a 10-man group formed by Broderick, the Sex Discrimination Commissioner and a former partner at Blake Dawson. The group comprises bosses of major employers such as Woolworths, Telstra, Origin Energy, IBM, Deloitte, Citi Group, Goldman Sachs and Westpac. On the agenda is equal pay, more female board members and senior female managers, and smarter use of flexible work arrangements. The men in the group have vowed to push for change through their own companies and by pressuring other businessmen. In effect, they will act as Broderick's advisory board and participate in activities such as hosting gender-focused lunches and dinners and other events to try to influence colleagues. Women earn 17 per cent less than men overall, according to the National Centre of Social and Economic Modelling. Speaking after the group's first meeting recently, Broderick noted that women cannot close the 17 per cent pay gap without the support of powerful "men talking to men".
LEGAL AID
A new PricewaterhouseCoopers report on legal aid has underlined the need for a significant funding boost for the legal assistance sector, according to the Law Council of Australia. Commissioned for National Legal Aid, the report reveals that Commonwealth legal aid funding has fallen 12 per cent in real terms since 1996-97. It also suggests that properly funding the legal assistance sector can pay off in the long term. In a media release, Law Council president Glenn Ferguson notes that for every $1 spent on Commonwealth legal aid services, up to $2.25 is saved within the justice system. "Clearly, these findings suggest that there is a strong economic justification for the provision of legal aid, with the benefits easily outweighing the costs of providing those services. The Law Council, along with its constituent bodies, has long argued the need for an increase in funding for Australia's legal assistance sector - our argument is only strengthened by this evidence that legal aid provides a positive economic benefit."
