2013

Cloud computing and the opportunities that come with it have quickly swept through the business world, and most organisations wouldn't be blamed if they weren't quite sure where the path leads. Although the concept of offshore data storage is anything but new, its recent proliferation has meant that an understanding of the laws and regulations involved may be further behind than anyone wants to admit. A recent whitepaper by UNSW, Aon, NEXTDC and Baker & McKenzie demonstrates the importance of understanding the laws that surround cloud data and the risks involved. NEXTDC found 88% of organisations experience at least one data breach each year, with between 36% and 62% stating the breaches involved a mistake by outsourcers, cloud providers, and other third parties. HR systems are being overhauled with cloud software, and data security is no longer just an IT responsibility in an organization. Of greatest importance is the understanding that the jurisdiction the data is stored in defines what laws apply to it. As such, understanding of privacy laws where data is stored is paramount to effectively reducing risk of data breaches.

Drug and alcohol testing policies that follow industry and Australian standards are more likely to be considered reasonable - and therefore enforceable - than those that depart from standard practice, according to employment lawyer, Erin Rice. The key issues to consider when drafting drug and alcohol testing policies include: what type of testing is most appropriate - for example, a urine test or a saliva test, what disciplinary actions are appropriate once a breach of policy is established, and the purpose of the regime - is the policy intended only to catch workers who are under the influence of a substance during work, or also to act as a vehicle for deterring and monitoring drug and alcohol use? Rice says drug and alcohol testing has become a widely accepted method for employers to meet safety obligations, especially in high-risk industries, but the level of intrusion into an employee's private life can be contentious. In drafting drug and alcohol policies, it can be helpful to mention that the purpose of the policy is not only to test for impairment, but also to allow the company to monitor drug and alcohol consumption for the purposes of meeting its safety obligations more broadly.

"According to management expert James Adonis, there are pros and cons to hiring those with a criminal record. On the one hand, he points out the perils to society if managers universally refused to do so. ""The result would be that convicted criminals, or at least those who've been to jail, would either remain on perpetual welfare or fall into the recidivism trap,"" said Adonis. And on the other hand, he sympathises with those who would have concerns hiring an ex-offender. ""Being in business is risky - hiring employees even riskier - and so it makes sense, in a way, to minimise that risk by disqualifying those with a crooked history."" One example of a successful rehabilitation programme that Adonis highlighted is run by the Royal Society for the Prevention of Cruelty to Animals (RSPCA). Under this scheme, some prisoners undertake an animal training course to learn how to work with dogs that have behavioural problems. They earn nationally recognised qualifications and vocational skills that will assist them in finding employment once they have left prison. ""The success of the programme demonstrates that with the right training and supervision prisoners have the potential to become fine workers."" The rate of recidivism in Australia sits at 60%, but the Australian Institute of Criminology has said that the figure can be halved if prisoners are given vocational education and are assisted into employment. "