The SRC Report
McInnes Wilson Lawyers
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A podcast series for Commonwealth HR practitioners who manage ill and injured employees under the Safety, Rehabilitation and Compensation Act 1988 (SRC Act)
Available episodes
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Oct 12, 2023
In the Course of Employment: Examining Intervals and Interludes
-SUMMARY-- In this episode of The SRC Report, Yas Tiry and Chloe Callus engage in an intricate discussion of the age-old issue arising out of, or in the course of, employment. They navigate the nuances of injuries, employer inducements and encouragement, and post-Christmas function activities through their discussion of hypothetical situations. The dialogue takes a turn, comparing real-life cases such as Hatzimanolis and PVYW, offering listeners an insightful combination of anecdotal reflections and practical legal considerations.
It's paramount to arm ourselves with knowledge leading up to the Christmas and holiday period, ensuring the festive cheer doesn't unravel into unforeseen legal tangles.
Tune in to this insightful episode where informal work festivities meet the structural lens of employer liability, providing fascinating narratives and keen legal insights.
--CITATIONS--
1. Hatzimanolis v. A.N.I. Corporation Limited (1992) 173 CLR 473
2. Comcare v PVYW [2013] HCA 41
3. Dring v Telstra Corporation Ltd [2021] FCAFC 50
--HELPFUL LINKS--
Read the episode online here: https://bit.ly/3FeNrej
Join the discussion: Email Athena at acains@mcw.com.au to be featured in the Q&A segment of our next episode.
Join us on LinkedIn: https://bit.ly/3GjRB3f
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Aug 30, 2023
The SRC Report: The Art of Enterprise Agreement Bargaining
-SUMMARY--
In our latest SRC Report episode, Athena Cains and James Christensen take a look into the world of negotiations and enterprise agreements. Discover why retaining in-house knowledge is a game-changer and the surprising role record-keeping plays in ensuring clarity.
They also unravel the layers of legal instruments, from the Fair Work Act to standard employment contracts. Join the conversation to grasp the nuances of successful negotiations and the importance of understanding legal frameworks. Don't miss out on this insightful episode!
--HELPFUL LINKS--
Read the Episode online here: https://bit.ly/3YUiOUy
Join the discussion: Email Athena at acains@mcw.com.au to be featured in the Q&A segment of our next episode.
Join us on LinkedIn: https://bit.ly/3GjRB3f
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Jul 31, 2023
Decoding Legal Research: Can AI Take the Stand?
--SUMMARY--
In the latest SRC Report, Athena Cains and Sarid Milne embark on a fascinating exploration of AI's role in legal research. Sarid recounts his eye-opening experiment with ChatGPT and Google Bard, providing a critical assessment of their potential use in analyzing court decisions.
This episode offers both interesting insights and cautionary tales about relying on AI for legal research and case summaries. Tune in to discover whether AI can really step up in the legal world.
--HELPFUL LINKS--
Read the Episode online here: https://bit.ly/3OgSajR
Join the discussion: Email Athena at acains@mcw.com.au to be featured in the Q&A segment of our next episode.
Join us on LinkedIn: https://bit.ly/3GjRB3f
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Jul 20, 2023
Comcare Decisions: An In-depth Analysis of Agency Appeals
--SUMMARY--
In the latest episode of The SRC Report, hosts Athena Cains and Abe Ghaleb discuss the intricacies of agency appeals within the workers' compensation jurisdiction. They delve into the scenarios when an agency might decide to challenge a Comcare decision and the considerations that must be taken into account, including the potential impact on premium and the effects on the rehabilitation of the employee involved.
The conversation also explores the unique nature of these appeals and the balance required between maintaining the employment relationship while also going through the appeal process. This discussion is highly relevant to employers and agencies dealing with Comcare decisions and workers' compensation claims.
--HELPFUL LINKS--
Read the Episode online here: https://bit.ly/3K6FTgl
Join the discussion: Email Athena at acains@mcw.com.au to be featured in the Q&A segment of our next episode.
Join us on LinkedIn: https://bit.ly/3GjRB3f
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May 24, 2023
Unveiling Model Litigant Obligations in the AAT
--SUMMARY--
Join Athena Cains and Yas Tiry in their podcast as they explore obligations of Commonwealth departments and agencies when appealing Comcare's decisions. Discover model litigant obligations ensuring fairness, addressing power imbalances. Learn about prompt claim handling, fairness to resource-limited claimants, pursuing appeals with reasonable prospects. Understand assisting the tribunal, evaluating legal and evidentiary foundations. Gain insights into challenges with self-represented applicants and upholding access to justice. Explore how agencies maintain fairness and transparency in appeals.
--HELPFUL LINKS--
Read the Episode online here: https://bit.ly/3MU1zOz
Join the discussion: Email Athena at acains@mcw.com.au to be featured in the Q&A segment of our next episode.
Join us on LinkedIn: https://bit.ly/3GjRB3f
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Aug 31, 2022
Conflict of Interest and Bias in Decision-Making - What Are They, and How Can We Avoid Them?
--SUMMARY--
What is a conflict of interest? How can we tell if biases are influencing our decision-making? And how do we excuse ourselves from a matter if we notice them affecting us?
In this episode, Athena Cains and Caitlin Connole answer all of the above and more as they discuss conflict of interest in HR and decision-making by rehabilitation authorities under sections 36 and 37 of the Safety, Rehabilitation and Compensation Act 1988.
--HELPFUL LINKS--
Read the Episode online here: https://bit.ly/3Bd1sYx
Join the discussion: Email Athena at acains@mcw.com.au to be featured in the Q&A segment of our next episode.
Join us on LinkedIn: https://bit.ly/3GjRB3f
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Apr 29, 2022
Reasonable Administrative Action - Best Practice Evidence in RAA Cases
--SUMMARY--
What are the triggers for a reasonable administrative action case for an employer and what evidence should they give?
In this episode, Athena Cains and Carmen King of our Commonwealth Compensation team discuss the reasonable administrative action exclusion, considerations employers should make in relying upon the exclusion, and the evidence decision-makers will require to address whether an employee was subject to RAA.
--HELPFUL LINKS--
Read the Episode online here: https://bit.ly/3LvH3Rd
Join the discussion: Email Athena at acains@mcw.com.au to be featured in the Q&A segment of our next episode.
Join us on LinkedIn: https://bit.ly/3GjRB3f
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Apr 11, 2022
Ellison V Comcare – Examining the Jurisdiction of the Administrative Appeals Tribunal for Claims Managers
In this episode, Abe Ghaleb and Sama Khan will cover two key focus areas:
1. The scope of what decision-makers must consider when determining Comcare claims; and
2. The jurisdiction of the Administrative Appeals Tribunal when reviewing such decisions in the Tribunal.
They'll be covering these with reference to the Federal Court of Australia's decision in Ellison and Comcare, that was handed down on the 14th of February 2022.
--HELPFUL LINKS--
Read the Episode online here: https://bit.ly/3rgS0hC
Join the discussion: Email Athena at acains@mcw.com.au to be featured in the Q&A segment of our next episode.
Join us on LinkedIn: https://bit.ly/3GjRB3f
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Feb 16, 2022
What Is the Scope of Employment for Disease Claims?
--SUMMARY--
When it comes to the disease or ailment of employee's, where exactly does the factor of employment come into these claims? How does the related terminology in section 5A and section 5B of the SRC Act differ from each, and what does this mean for cases of these kinds?
Find out in our latest episode, as Athena Cains and Abe Ghaleb discuss whether a disease can be employment-related even if the employee was not at work when the disease was caused and more.
--HELPFUL LINKS--
Read the Episode online here: https://bit.ly/3sO2Coc
Download the Episode Factsheet: https://bit.ly/3rSu3Oo
Join the discussion: Email Athena at acains@mcw.com.au to be featured in the Q&A segment of our next episode.
Join us on LinkedIn: https://bit.ly/3GjRB3f
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Jan 11, 2022
Merits Review and Evolving Decision-Making in the AAT
--SUMMARY--
What exactly is an Administrative Appeals Tribunal merits review? How does it differ from the Court's judicial review?
In this episode, join Athena Cains and Jack Marshall as they answer these questions as well as discuss evolving decision-making and the role evidence plays in assisting the Tribunal's decisions.
--HELPFUL LINKS--
Read the Episode online here: https://bit.ly/3qhh0oH
Download the Episode Factsheet: https://bit.ly/3HZYkzM
Join the discussion: Email Athena at acains@mcw.com.au to be featured in the Q&A segment of our next episode.
Join us on LinkedIn: https://bit.ly/3GjRB3f
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Jul 26, 2021
Decisions Made Under S 36 and 37 of the SRC Act – The Rehabilitation Provisions
-- SUMMARY --
Enjoy Part 1 of a 2-Part Rehabilitation Series centred on decisions made under s 36 and 37 of the SRC Act - The Rehabilitation Provisions.
-- HELPFUL LINKS –
Read the Episode online: https://bit.ly/3rDZ7j8
Join the Discussion: Email Athena at acains@mcw.com.au to be featured in the Q&A segment of our next episode.
Join us on LinkedIn: https://bit.ly/3gobcoZ
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May 11, 2021
Slip and Fall Not All in a Day's Work - Telstra Protected as Federal Court Upholds Decision Against Employee
CASE REVIEW [ Dring v Telstra Corporation Ltd [2021] FCAFC 50 ]
-- SUMMARY --
Ms. Dring, Telstra Employee, was enjoying an interstate work trip when she found herself with a hip injury following a slip and fall at 2:30am in the lobby of her hotel. Having recently finished up a long night of socialising and with alcohol in her system, the case begged the question - should her employer be responsible for her injury?
In today's episode, hear two opposing views as Abe Ghaleb and Daniel D'Onofrio discuss the contentious circumstances surrounding the recent Full Federal Court's decision.
Were her social activities before the slip contributing factors? Was the employment nexus broken? Will Ms. Dring be granted special leave to appeal? Listen to find out the answers and thoughts to these and more.
-- HELPFUL LINKS –
Read the Episode online: https://bit.ly/3vPevdt
Join the Discussion: Email Athena at acains@mcw.com.au to be featured in the Q&A segment of our next episode.
Join us…
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Apr 20, 2021
How an Early Intervention Policy Can Be the Key to Employee Recovery
-- SUMMARY --
Managing injured employees in a Commonwealth and SRC Licensee workplace can be a difficult and complex task. In this episode join Athena Cains and Abe Ghaleb from McInnes Wilson Lawyers to talk about Early Intervention policies, what they are, and how they can assist in managing workplace injuries quickly and effectively.
-- HELPFUL LINKS –
Read the Episode online: https://bit.ly/3sztl5y
Download the Episode Factsheet: https://bit.ly/3efOPQ3
Join the Discussion: Email Athena at acains@mcw.com.au to be featured in the Q&A segment of our next episode.
Join us on LinkedIn: https://bit.ly/3gobcoZ
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