B2B magazine issue 106 July 2015

106 JULY 2015

B2BMAGAZINE.COM.AU

CANBERRA REGION JOB MARKET UPDATE HorizonOne Recruitment

5 BUSINESS MISTAKES TO AVOID IN THE DIGITAL AGE RSM Bird Cameron Chartered Accountants

SIMPLIFYING THE COMPLEX Vincents Chartered Accountants

THE FUTURE IS BRIGHT

FOR EY IN CANBERRA

$4.95 inc. GST ISSN 1833-8232

9 771833 823005

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BOOK NOW–FILLING FAST

To inquire about advertising in these features please contact:

Tim Benson | advertising@b2bmagazine.com.au | 0402 900 402 | 02 6154 9310

CONTENTS

PUBLISHER'S NOTE

HOLY ABC BATMAN This latest ruckus between the Abbott Government and the ABC, in relation to a young man on TIM QandA that had a criminal record BENSON (threatening to kill government Publisher officials), making statements and asking questions about the Abbott Government's proposals to strip citizenship from duel citizens and potential sole citizens - has really given me the shits. I don't mind that the Abbott Government were offended with this man's comments (although, on reflection, I think if anyone else had said them they would have been extremely valid). What concerns me is the Abbott government believes it has the right to interfere with the editorial running of the ABC. Disagree, claim bias, bag our national broadcaster - go nuts - but a government doesn't have the right to sack or appoint journalists, dictate editorial policy or bully the ABC. Some conservatives get cranky when lefties are on the ABC and lefties get cranky when conservatives are on the ABC and that is the way it should be. If you believe the world is flat and was actually created in a week - bring it on.

If you think life was brought to this planet from aliens in space ships - let me hear it. If you think telling Australian jihadists the Australian government is going to do exactly what extremist Islamic groups are telling them to do ie give up or take away their Australian citizenship, is a totally insane plan and playing into these lunatics hands - then let's hear that too. Surely it's better to put these nuts on trial and into prison rather than summarily remove their citizenship. I'm all in favour of 'speaking softly and carrying a big stick' but the Abbott Government seems to have got this policy upside down. We are screaming at these misguided nutters and whipping them with a wet lettuce. Am I cynical enough to think that this has nothing to do with addressing fundamental reasons why Australians are taking up arms to support radical causes - but a message targeted at Australian families to whip up fear ... yes I think I am cynical enough. And quite frankly it makes me sick to the stomach. Fear is the glue that binds people to support the status quo. Playing politics with people's lives is not acceptable.

Send all comments to: editorial@b2bmagazine.com.au

14 COVER STORY THE FUTURE IS BRIGHT FOR EY IN CANBERRA

CONTENTS View from Constitution avenue

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FEATURE

06 DESIGN ARCHITECT:

FUKSAS

CONSULTANTS:

08 Probate – who needs it?

Dobinson Davey Clifford Simpson Lawyers

22 ENTERTAINMENT Over 40 years of entertainment knowledge and experience in one call

by Peter Funnell Entertainment

10 Canberra region job market update: A bright future ahead!

Horizon one recruitment

22 DISTRIBUTION LOGISTICS How to manage a successful direct mail campaign

by National Mailing & Marketing

12 5 Business mistakes to avoid in The Digital Age RSM Bird Cameron Chartered Accountants

23 FAMILY LAW Redundancy and separation

by Dobinson Davey Clifford Simpson Lawyers

UPFRONT

23 INTELLECTUAL PROPERTY The role of semantics in trade mark adverse reports

by Arete Group

07 Simplyifying the complex Vincents chartered accountants

24 RECRUITMENT Why we all need friends at work

by Hays Recruiting experts worldwide

06 It all begins with a dot Even Dots Creative 06 Convention centre design unveiled COVER STORY

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14 The future is bright for EY in Canberra EY building a better working world ADVICE FROM THE EXPERTS 19 ACCOUNTING How secure is the cloud, really?

by RSM Bird Cameron Chartered Accountants 19 BANKING A closer look at lender's mortgage insurance

by ANZ Mobile Lending

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ISSN 1833-8232

20 BOOKKEEPING 10-point end of your checklist to raise with your trusted advisor

by Tailored Accounts

24 SPORT Business benefits/costs of the cricket world cup

by Yabba.guru 25 WEBSITES Results driven digital strategies

by Synapse Worldwide A2B: ASSOCIATIONS TO BUSINESS 26 CANBERRA BUSINESS CHAMBER Investment in business development will boost confidence G2B: GOVERNMENT TO BUSINESS 28 CHIEF MINISTER'S MESSAGE Renewed business development strategy 'confident and business ready; building on our strengths'

20 BUSINESS ADVISORY Increase ATO recovery action means hidden issues for directors of insolvent companies.

by Vincents Chartered Accountants

BUSINESS NETWORKING

21 BUSINESS LAW Update your privacy policy to ensure your customers/suppliers feel more secure

by Bradley Allen Love Lawyers

32 B2B @ Canberra Business Chamber ACT Budget Breakfast

21 CORPORATE GOVERNANCE Directors call for tax reform

by Australian Institute of Company Directos

34 B2B @ Canberra Business Chamber Business Network

30 B2B @ Canberra Business Chamber PMs Business Address

34 B2B @ ACT Chief Minister Export Awards

EDITOR / PUBLISHER

PUBLISHED BY

Tim Benson editorial@b2bmagazine.com.au 0402 900 402 02 6154 9310

Man Bites Dog Public Relations ABN 30 932 483 322 PO Box 4106 Ainslie ACT 2602 b2bmagazine.com.au

ADVERTISING

advertising@b2bmagazine.com.au 0402 900 402 02 6154 9310

B2B INTERN

DESIGN

PHOTOGRAPHY

Tim Lowe tim.lowe@manbitesdog.com.au

Manuel Galaktidis evendots.com.au

Andrew Sikorski art-atelier.com.au

LEGAL NOTICE Man Bites Dog Public Relations (‘MBD’) owns the copyright in this publication. Except for any fair dealing as permitted by the Copyright Act 1968 (Cwth), no part of this publication may be reproduced without the prior written permission of MBD. MBD has been careful in preparing this publication, however: it is not able to, and does not warrant that the publication is free from errors and omissions; and it is not able to verify, and has not verified the accuracy of the information and opinions contained or expressed in, or which may be conveyed to readers by any advertisement or other publication content. MBD advises that it accepts all contributed material and advertisements contained in this publication in good faith, and relies on various warranties and permissions provided to it by the persons who contribute material and/or place advertisements. Those warranties and permissions include that neither the material and/or advertisements are misleading, deceptive or defamatory, and that their use, adaptation or publication does not infringe the rights of any third party, or any relevant laws. Further, MBD notifies readers that it does not, nor should it be understood to endorse, adopt, approve or otherwise associate MBD with any representations made in contributions and/or advertisements contained in the publication. MBD makes no representation or warranty as to the qualifications of any contributor or advertiser or persons associated with them, and advises readers that they must rely solely on their own enquiries in relation to such qualifications, and be satisfied from those enquiries that persons with whom they deal as a result of reading any material or advertisement have the necessary licences and professional qualifications relating to the goods and services offered. To the maximum extent permitted by law, MBD excludes all liabilities in contract, tort (including negligence) and/or statute for loss, damage, costs and expenses of any kind to any person arising directly or indirectly from any material or advertisement contained in this publication, whether arising from an error, omission, misrepresentation or any other cause.

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UPFRONT

It all begins with a dot.

One of Canberra best design agencies has undergone a rebrand and has been reborn as Even Dots Creative.

Even Dots Creative is a full service agency that specialises in graphic design for print, but also boasts a range of services such as web design and hosting, corporate branding, marketing and shop and vehicle signage.

Founder and creative director, Manny Galaktidis said, “Whether you make a dot to mark the start of a journey, or put a cluster of dots together to create an image. It all begins with a dot.”

Even Dots Creative pride themselves in being able to design anything for any purpose – or have a red hot go trying.

Based in Canberra Even Dots Creative specialise in graphic design, corporate branding, marketing strategy and website design.

We believe that what ever we do should add value to the world not take away from it. Our aim is to

effectively communicate for your business by making the message conveyed work smarter not harder, in turn improving the bottom line,” Manny said.

Design came at an early age when Manny started arranging his blocks by colour... Manny holds a bachelor Degree in Graphic Design and an Advanced Diploma in Graphic Design with a major in marketing.

Manny is very easy going with a can do attitude and says that he delights in solving design problems.

Publisher of B2B Magazine, Tim Benson, said, “Manny and Even Dots Creative have been the driving design force for B2B for the past two years and I could not be happier with their professionalism and quality of work.”Mr Taki Mitsopoulosis the newest member of the Even Dots Creative team and brings with him a wealth of experience and enthusiasm.

“At Even Dots Creative we eat, breath and live design and are forever looking for new approaches, techniques and solutions to meet the needs of our clients,” Manny Said.

UPFRONT

Bird's eye view

5a / 37 Dacre Street Mitchell, ACT, 2911 T: 6255 4207 E: info@evendots.com.au W: www.evendots.com.au

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CONVENTION CENTRE DESIGN UNVEILED

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AUSTRALIA FORUM - CANBERRA, AUSTRALIA

DESIGN ARCHITECT:

FUKSAS

CONSULTANTS:

he Canberra Business Chamber believes the Australia Forum could become the capital’s next iconic landmark following an inspired design unveiling.

Unveiled by internationally renowned architects, Fuksas and Guida Moseley Brown, the striking design merges futuristic and classic features in what Canberra Business Chamber CEO, Robyn Hendry said will be a structure ‘to be admired for generations to come’.

The new convention centre (Australia Forum) is estimated to bring $1.6 billion into the ACT economy.

The proposed site for the project is on the city edge of the Parliamentary Triangle. Ms Hendry addressed the importance of having buildings with national significance placed within the heart of Australian democracy.

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“As the capital of Australia, Canberra needs a venue that can attract and host major national and international meetings and is architecturally recognised like our other great institutions such as Parliament House, Australian War Memorial, the National Museum and Australian National Gallery. We believe this design will be a catalyst to complete development of the Parliamentary Triangle and implement the City to the Lake plan.”

Although having the financial support of the ACT Government, the construction of the Australia Forum is still in the planning phase and will require further funding from both private and public sectors.

Ms. Hendry commended the ACT Government on the process they undertook to develop the design.

“The reference design is an important step forward. We are pleased the ACT Government has supported this project to date and committed funds in the Budget to get the Australia Forum to investment ready stage.”

The project is predicted to bring $3 billion into the ACT economy over the first 20 years through delegate expenditure, as well as boosting employment opportunities to the region. Research conducted by Ernst & Young found the estimated revenue made by the new convention centre would more than double that of the current facility.

“The ACT’s economy and identity as the national capital will be bolstered by the city having a premier convention centre. We look forward to continuing to work with the Government, business community and industry to make the Australia Forum a reality.” Ms Hendry concluded.

UPFRONT

VINCENTS CHARTERED ACCOUNTANTS SIMPLIFYING THE COMPLEX.

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he fundamental nature of disputes drives the holders of divergent views to the Courts for redress. Gone are the days when the mightier combatant was always victorious; today the savvy party to a dispute, the one who truly understands the benefit of a finely nuanced argument, seeks the input of subject matter experts to win the day.

Vincents Chartered Accountants, Australia’s largest boutique forensic accounting firm, has built an enviable reputation as the firm of choice for law firms across Australia for the provision of expert reports, expert testimony, advice and consulting across a wide range of services.

With over 25 years of experience in specialist forensic accounting, Vincents’ national forensic team comprises over 35 accountants with a range of backgrounds including taxation accounting, law, actuarial studies, corporate accounting and law enforcement.

Julia Bossert, Vincents’ Canberra Forensic Senior Associate believes that having a specialist forensic team is what sets Vincents apart. “By having a dedicated team who work exclusively in the area of forensic accounting, our clients are guaranteed an expert who understands the litigation process, the context in which financial analysis is used and the Court’s requirements of experts”.

Vincents simplify the often complex area of financial analysis and the quantification of loss/value for both the parties to the litigation and the Court. By ensuring that financial information and analysis is complete

and clearly explained to all parties, the overall cost of the litigation is often reduced and lawyers can be spared the frustration of sorting through the often voluminous financial documentation in the case.

In addition to the more traditional forensic accounting areas, such as quantifying loss and damage for personal injury and commercial litigation, family law and business valuations, Vincents have specialities in forensic technology (computer forensics), the assessment of loss resulting from negligent financial advice, the assessment of damages for funds management, fraud investigation and financial crime.

The engagement of a forensic accountant is often beneficial well before a dispute nears a court room. The Vincents team comprises a number of nationally accredited mediators and have experience in collaborative family and commercial practice. Says Julia Bossert, “Vincents’ involvement in ADR has grown significantly in recent years.

We often find that as an independent party, we’re able to discuss the financial concepts and concerns in a way that promotes understanding and ownership of the outcome by the respective parties”.

For more information, contact Vincents, Level 7, AMP Tower, 1 Hobart Pl, Canberra City.

T: 6274 3400 F: 6274 3499 E: tlane@vincents.com.au W: www.vincents.com.au

F E AT U R E

Probate – who needs it?

By Rebecca Tetlow

T

he death of a loved one can be an overwhelming, confusing and busy time. Although nothing will remove the sting of grief, unnecessary stress can be reduced by understanding the steps involved and seeking the right advice.

Most of the angst that accompanies the administration of an estate stems from being uncertain as to who the right person to make decisions is, what documents are needed and how to navigate the system.

Who has authority to make decisions after death?

Where there is a will, the executor has a key role in administering the estate. The executor has the responsibility of arranging the deceased’s funeral, securing the deceased’s assets, applying for a grant of probate (if necessary), making sure all of the deceased’s debts are paid and distributing any remaining assets according to the terms of the will. If there is more than one executor, they need to work together to make joint decisions.

Where there is no will, the Court must appoint an administrator to deal with the deceased’s assets, usually the next of kin.

If the deceased had made an Enduring Power of Attorney during their lifetime, the power stops upon death and the attorney no longer has authority to act.

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What is probate?

A grant of probate is a court order that confirms the validity of the deceased’s last will.

Rather than leaving it up to the teller at the bank or the land titles clerk to assess whether the will was validly signed, an application for probate ensures that this important legal process is carried out by the Supreme Court.

Once granted, probate is also evidence that the executor has authority to act on the deceased’s behalf.

Where the deceased did not leave a will, or there is no executor named in the will, then an application for letters of administration needs to be made instead.

When is probate required?

The short answer is that it depends on the assets of the estate as to whether it is necessary to obtain a grant of probate.

Where the deceased held land in their sole name, or with another person as tenants in common, then it will always be necessary to obtain a grant in order to deal with the land. Other institutions, such as banks or share registries, each have their own threshold for when they will require a grant before releasing funds.

In some circumstances, it is possible to deal with non-estate assets, such as property

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owned as joint tenants, or superannuation or life insurance for which there is a nominated beneficiary, without needing to obtain a grant of probate.

Each Australian State and Territory has different rules relating to probate and you should therefore seek legal advice as to the appropriate process in the jurisdiction where the deceased lived and owned assets.

Rebecca Tetlow is an Accredited Specialist in Wills and Estates Law (NSW) and a Senior Associate at Dobinson Davey Clifford Simpson phone (02) 6212 7600 mail@ddcslawyers.com.au, www.ddcslawyers.com.au

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With RSM Bird Cameron you really are… Connected for Success.

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Photo: Martin Ollman

Canberra region job market update: A bright future ahead!

By Simon Cox

W

hile we may be experiencing some really frigid mornings in Canberra, the good news is the Commonwealth recruitment freeze is now over! With people outside the APS now eligible to apply for permanent roles, there are significant implications for the whole market.

What’s been hot?

As predicted in our article in February’s B2B, the Canberra regions job market has continued on a steady incline towards recovery from a low base since August 2014.

A stream of hourly rate work, combined with the return of non-ongoing contracts following the April announcement of the end of the freeze, means that workflow has been dominated by large amounts of contract work from the Federal Government.

Market segments that have experienced significant surges of new work include: • Technology – a range of contract work on large projects in Departments undergoing significant change as the Government invests in ICT to find efficiencies • Accounting & Finance – the ‘more with less’ approach of Government in recent years has led to critical gaps in technical expertise requiring subject matter specialists to help out at the busiest time of year • Program/Project Support – APS 4 to 6 level security cleared program support staff to support new initiatives, and programs that have bled staff for the past 2 years.

• Human Resources – HR areas have been very busy throughout the downsizing

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and restructuring, with recent spikes in demand for WH&S and L&D specialists.

What’s been cold?

Whilst the prominence of contract work has led to an improvement in the fluidity of the private sector permanent market, there has still been a distinct shortage of permanent roles, in particular above $110K. Some specific market segments that have struggled include: • Executive and Senior Executive roles in the NFP and Commercial sectors – the last 6 months has been one of the quietest periods in the past decade • Communications and Marketing – this sector has been quiet, but the second half of the year will improve as traditionally is the case • EL2 level roles– whilst there has been significant movement at the SES1 and SES2 level in Government, the normal flow through to movement at the EL2 level has not occurred yet. Watch this space!

Recent observations of interest Some key observations from the market and recent industry surveys include: • 48 new permanent jobs were advertised on APSJobs on July 1, the official end of the recruitment freeze – a sign of things to come!

• Permanent recruitment is on the rise nationally with 36% of employers anticipating increasing permanent staff in the next year • Hiring intentions in professional services are up 32.6% nationally, and this is particularly strong in Accounting and ICT

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• The ACT and the NT have the strongest employment outlooks with a 14% increase in employer hiring expectations Predictions for the next 6 months We predict that the opening of Commonwealth recruitment to those outside the APS will make a big impact on overall recruitment activity across all market segments leading to a fully-fledged market by the end of the financial year. New trends will include: • A significant increase in vacancies in the Private and NFP sector • A large amount of Government recruitment activity starting with permanent recruitment through formal channels, closely followed by work through recruitment agencies • A larger than normal proportion of the recruitment activity in Government over the next 3 – 6 months will involve securing employees who have been acting in roles for a significant period of time. Call before applying!

• CONTROVERSY: A surprise election might change everything!

Sourcing talent is a science, not a sales game

Please contact Simon Cox, Director at HorizonOne Recruitment on 02 6108 4878 or simon@horizonone.com.au

cso.org.au CSO concerts offer a unique and prestigious experience providing unparalleled opportunities to develop valuable relationships with staff, and current and potential clients.

Each CSO partnership is a bespoke package, tailored specifically to meet the needs identified by each partner. We don’t have set ‘plans’; we have an amazing product, innovative ways of associating with it, and a genuine desire to ensure that alignment with the CSO becomes a key element in your business development strategy.

To align your organisation with Canberra’s premiere arts organisation, write to partnerships@cso.org.au or visit cso.org.au.

LLEWELLYN SERIES

SATURDAY SERIES

/01 SIBELIUS 1 & 2 APRIL SCHUBERT The Magic Harp Overture ˇ DVORÁK Cello Concerto SIBELIUS Symphony No. 5

/01 SHELL PROM, GOVERNMENT HOUSE 14 FEBRUARY A Touch of Tartan

Nicholas Milton Conductor* Edward King Cello /02 TCHAIKOVSKY 6 & 7 MAY MATTHEW HINDSON Boom Box TCHAIKOVSKY Piano Concerto No. 1 RIMSKY-KORSAKOV Scheherazade Nicholas Milton Conductor* Hoang Pham Piano /03 BRAHMS 19 & 20 AUGUST KODÁLY Dances of Galánta SIBELIUS Violin Concerto BRAHMS Symphony No. 4 Nicholas Milton Conductor* Andrew Haveron Violin /04 RACHMANINOV 4 & 5 NOVEMBER MÁRQUEZ Danzón No. 2 RICHARD MILLS Soundscapes: for percussion and orchestra RACHMANINOV Symphonic Dances Nicholas Milton Conductor* Claire Edwardes Percussion

Featuring favourites such as Scottish Fantasy, Danny Boy, Hebrides Overture and more.

Guy Noble Conductor Anna Da Silva Chen Violin /02 ACTEW GRAND GALA 4 JULY Puccini Featuring favourites from Puccini, Wagner, Verdi & more.

Nicholas Milton Conductor* Eva Kong Soprano James Egglestone Tenor /03 CANBERRA WEEKLY MATINEE MAGIC 26 SEPTEMBER In the Mood music from the ‘big band’ swing era Featuring favourites such as Little Brown Jug, In the Mood, Chattanooga Choo Choo and more.

Timothy Sexton Conductor Rachael Beck Soprano *Artistic patronage of Nicholas Milton courtesy of ActewAGL

F E AT U R E

5 BUSINESS MISTAKES TO AVOID IN THE DIGITAL AGE

By Andrew Sykes

W

ays of doing business are changing fast in the modern world, and failing to keep up could cost you dearly. There are five key mistakes to avoid if you want your business to be competitive in the digital age.

1. Not having a mobile-friendly website A mobile-friendly website is one that is designed to be viewed from a mobile device such as a smartphone. This means that the site is easy to use and navigate on a small screen, without having to scroll sideways or enlarge the text. A site that is not mobile friendly might appear cluttered, with tiny text that is difficult to read and call-to-action buttons or links that are too small to use.

There are several reasons why having a mobile-friendly website is important for your business: • In April, Google introduced a new algorithm designed to reward mobileoptimised sites with higher search engine rankings. The introduction of the algorithm was known ominously as Mobilegeddon, amid expectations that non mobile-responsive sites would lose their rankings.

• The use of mobile devices to access the internet is fast accelerating past that of desktop. Data from the ABS shows that the volume of data downloaded via mobile devices increased by 40% in just six months from December 2013 to June 2014.

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• The portability of mobile devices means that people can access the internet at any time. You run the risk of losing business if someone travelling home from work on the train for example can’t browse your site or buy from you using their phone.

In addition, you might consider whether your business would benefit from developing a mobile app. An app can help to improve brand recognition and exposure, and make it easier for customers to use your website and your services. Google has also announced that it is going to start indexing apps as well as websites.

2. Not having a digital strategy Having an effective digital presence that works for your business is about far more than just creating a website or social media page, and seeing what happens. You need to have a plan in place that will govern your use of digital platforms to achieve measurable goals, such as increased traffic, engagement, leads, sales conversions and so on. The digital strategy needs to include ongoing plans for website content, search engine optimisation, and social media interactions and community-building. It also entails the use of tools to measure success. The digital strategy should be incorporated into your

Don’t focus solely on the short-term – look forward to gauge the road ahead.

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Ignoring digital trends can mean losing that competitive edge. business’s overall marketing strategy, and not be seen as separate from it.

The number one reason to have a digital strategy is because so many consumers now use digital platforms to engage with businesses. Business owners who learn how to use digital tools to promote and grow their businesses and engage with people outside of the organisation, and have a detailed plan in place to achieve their objectives, will be far more likely to remain competitive.

3. Thinking in the short-term, and trying to do it all at once This means having too much focus on immediate or short-term actions and results.

Examples may include focusing on this month’s bottom line, trying to achieve too much day-to-day, or spending too much time putting out fires rather than on achieving longer-term goals.

Some of the signs of short-term thinking include holding too much information in your head (rather than in writing), failing to delegate tasks, and having a poor ability to set limits. This can lead to disorganisation, procrastination, and attempts to do too many things at once – which can often result in achieving very little! Short-term thinking can also cause you to miss the signs in the

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wider landscape that your business needs to change and adapt.

So why embrace longer-term thinking?

Long-term strategies and plans provide you with a ‘map’ of where the business is going and help you to keep your eye on the road ahead. This can also enable you to see new opportunities, as well as the signs that you might need to make some changes in order to remain competitive.

4. Failure to utilise new technologies such as cloud accounting If you’re not using new technology, you might be missing out on simplifying your business processes, and saving a lot of time and money. Cloud accounting is one new technology that is taking off very quickly now, as businesses recognise the cost and time saving benefits it provides.

With cloud accounting, the software for accounting processes is accessed online, rather than being purchased and downloaded onto a computer. Data is also stored on the cloud provider’s servers, rather than on the business’s own computer system.

Cloud accounting is accessible anywhere that a secure internet connection is available.

It can simplify tax processes and compliance, be used on mobile devices, and save considerable office space as well as money on the cost of hardware, software, backup storage and printing.

Not optimised for mobile? You risk losing business.

Recent research by MYOB revealed that business owners reported saving an average of 10 hours per month simply by using the bank feeds feature, where accounts are synced to online bank accounts.

The time saved by using cloud accounting can be used for other purposes, such as promotional activities, or increasing your client base.

5. Fighting the trends rather than going with the flow Now more than ever it is important for business owners to adapt to the changing marketplace, including the proliferation of new digital developments and trends.

Ignoring the trends can lead to you getting seriously left behind, and even becoming obsolete.

Two classic examples of this are: • Kodak – While a Kodak staff member developed the very first digital camera in 1975, the company failed to promote this new technology, preferring instead to focus on film. This is because the company saw digital as a rival to film – which means in effect it didn’t want to compete with

itself. When rival companies jumped on the bandwagon with digital, Kodak unfortunately missed the boat and went bankrupt.

• Borders – Borders kept on investing in mega bookstores around the world just as people were taking to websites to buy books. By the time the company caught on, it was already too late.

It’s important to keep your eye on the trends to see what’s happening out there in the digital age. Embrace new technology, and take the time to engage with your customers to find out what they want and need from your business, and to adapt to the changing market landscape.

Andrew Sykes, Director at RSM Bird Cameron andrew.sykes@rsmi.com.au 02 6217 0300 www.rsmi.com.au

Bird Cameron

Chartered Accountants

With RSM Bird Cameron you really are…

Connected for Success.

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COVER STORY

THE FUTURE IS BRIGHT

FOR EY IN CANBERRA

W

ith a record number of new Canberra partner promotions in 2015, EY’s current and former Canberra Managing Partners, Todd Wills and Lucille Halloran, share their insights on the growth of the practice, Canberra’s market outlook and what they see as some of the key future opportunities in the region.

TODD, YOU TOOK ON EY’S CANBERRA MANAGING PARTNER ROLE IN JANUARY. HOW HAVE YOU FOUND THE FIRST SIX MONTHS IN THE ROLE? 14

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My first six months in the Managing Partner role have been very exciting. Seeing our people and our clients develop and succeed is really gratifying and I’m proud to be leading our Canberra practice through the next stage of our journey. As a firm, we have been focussed on providing exceptional client service and building high performance teams to serve our clients.

There have already been several highlights for me. Firstly, we’ve had the appointment of a record number of new partners which has increased our capability to service our clients. The EY Women With Ambition series has gone from strength-to-strength, with guest speakers like The Honourable Quentin Bryce, The Honourable Kristina Keneally and Holly Ransom providing insights into their personal and professional lives.

COVER STORY Personally, my involvement on the Property Council of Australia’s Male Champions of Change panel was a great experience. EY is committed to supporting diversity and inclusiveness and this session highlighted the importance of recognising unconscious bias and promoting gender equality and flexible work arrangements for all people. I also had the opportunity to take part in the Canberra Vinnies CEO Sleepout last month, raising funds to support homelessness services in the region. This is a great initiative for a worthy cause and the support I got from my fellow partners, EY people and the wider community was just fantastic.

YOU MENTIONED EY HAS JUST APPOINTED SEVERAL NEW PARTNERS IN CANBERRA. WHAT’S BEHIND THIS GROWTH IN THE PRACTICE? With the firm’s purpose of building a better working world, I think our people engagement is higher than ever. We are clear about where we’re going as an organisation and I think that’s part of what’s fuelling our growth.

I think Canberra is a great city and a great place to do business. We have focussed on recruiting the right people with deep skills, which our clients are value, and we have placed great importance on providing exceptional service all the time.

In Canberra, we’ve just announced the appointment of seven new partners and we had Rear Admiral Rowan Moffitt AO join us to head our defence team in September last year. So we’ve gone from nine to 20 partners

in the space of just two and a half years, which is a tremendous achievement and a clear sign of the positive momentum in our business and Canberra as a city. The new partners include both internal promotions and direct admit partners across a wide range of disciplines including advisory, assurance and transaction advisory services. With the new appointments, we’re building on our already strong capabilities in both the public and private sectors and introducing new skillsets that will help us better advise our clients around key issues such as infrastructure, health, tax, defence, data analytics and cybersecurity.

WHAT DO YOU THINK ARE THE BIGGEST GROWTH OPPORTUNITIES IN THE CANBERRA MARKET? We’re seeing areas like cybersecurity and data analytics in particular are becoming more of a focus for our clients. The demand for services in this area from both the government and private sector is growing and this will only continue as technology, and its associated risks and opportunities, become even more sophisticated. At EY, we’ve boosted our capacity in this space through a number recent acquisitions of data analytics and market research businesses including C3 Business Solutions, Sweeney Research and ISD Analytics.

More broadly, I see a lot of opportunity for future growth in areas such as health, defence, infrastructure and education.

There is also a burgeoning start-up sector in Canberra that is quite exciting and driving some new innovations in the market.

LUCILLE, YOU’VE RECENTLY TAKEN ON A NEW NATIONAL ROLE AS EY’S OCEANIA GOVERNMENT AND PUBLIC SECTOR LEADER. WHAT DOES THIS NEW POSITION ENTAIL? My role is working with our people and our clients in government and public sector to identify and anticipate their future needs.

It’s about mobilising our people around our clients in the government and public sector at all levels, federal, state and local. EY has close to 20,000 people dedicated to helping government and public sector clients around the world, so the ability for me in this role to represent the region, including Australia and New Zealand, and be a connector of people and our clients on a global level is quite exciting.

I’m particularly excited about continuing to be based in Canberra. When I took on the role, I was given the choice of moving to a different city but I decided that Canberra was where I wanted to be. There’s a real opportunity in this role to bring my Australian and New Zealand team together with global expertise, to work with our government and public sector clients to make a big difference. That could mean looking at solutions to improve the quality of life for indigenous people, or finding ways to help people with disability to have greater control and choice. Or it might be through the improvement of transport and infrastructure, enabling people to access opportunities that lead to greater social and economic participation. It’s an exciting role and I’m loving it.

L-R Seven new EY Canberra partners: Simon Crowther, Assurance, Fraud, Investigation and Dispute Services; Peter Wilkinson, Advisory, Risk-Led Transformation; Sarah Phillips, Transaction Advisory Services, Infrastructure; Tony Sherbon, Advisory, Health; Ben Bishop, Transaction Advisory Services, Financial modelling; John Karabin, Advisory, Information Security; Sumeet Balgovind, EYC3 Business Solutions, Information management and business intelligence.

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COVER STORY

COVER STORY

THE ENVIRONMENT THAT GOVERNMENTS OPERATE IN IS CHANGING. HOW IS THE TRANSFORMATION OF SERVICE DELIVERY LIKELY TO IMPACT THE WAY GOVERNMENT WORKS? If you look at the scale and range of services provided by government in Australia, it’s a huge economy. One of the key challenges faced by our clients is how to do more, better and faster, with the same or less funding. We are seeing funding shift from providers directly to citizens, giving them greater choice and control over the services they access. With greater use of digital and a wider range of channels, the experience of citizens is improving.

Through contestability, we are seeing clients seek new ways of leveraging capability in the private sector and other markets. We are seeing new markets emerge to address the full range of needs of specific segments of our population. An example of this can be seen with the NDIS, which aims to give people with disability greater control and choice in the selection of services and support they need to improve their quality of life and become more independent.

EY’S RECENT REPORTS ON THE FEDERAL BUDGET AND THE INTERGENERATIONAL REPORT HIGHLIGHTED THE NEED FOR A GREATER FOCUS ON PRODUCTIVITY ACROSS THE PRIVATE AND PUBLIC SECTORS. WHY IS THIS IMPORTANT?

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It’s important for a number of reasons.

The World Economic Forum has said that the most important determination of a country’s competitiveness is its human talent and skills and the productivity of its workforce. As a nation, Australia has a number of assets and we have human capital that we need to deploy effectively to create a healthy economy. A strong economy attracts investment and that in turn allows us to continue to grow and be able to provide a high quality of life.

Productivity is also essential to creating more job opportunities and driving greater participation in the workforce of important groups including our youth, women and mature age workers. So productivity is important for social and economic participation, as well as for economic development and attracting foreign investment.

FINALLY TODD AND LUCILLE, WHAT DO YOU THINK THE FUTURE OF CANBERRA LOOKS LIKE? [Todd] The future for Canberra is bright.

I think the city has certainly grown up a lot in the last few years and we’re seeing more people paying attention to Canberra and a lot of new development happening. It’s a growing city and the government continues to spend and invest in the infrastructure and projects that are going to ensure we remain a vibrant city.

In the business sector, I think the recent merger of the Canberra Business Council and the Chamber of Commerce has created “one voice for business” in the region, which is a very positive step. So I think, when you

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look at both the business community and the public sector, we are going to go from strength-to-strength.

[Lucille] The OECD has called Canberra the most liveable city in the world so, for me, the future of Canberra is really going to come down to how we seize the opportunities in front of us.

The business world is changing. I think if you look at some of the more innovative organisations around the globe today, the ones that are driving growth in new areas, it’s clear that it’s no longer necessary to have physical assets or manufacturing capabilities to be able to create something of value. Governments too are looking for different ways to deliver better services, and more of them, through contestability and working more closely across the public and private sectors.

Human capital is going to be one of the most valuable assets for businesses in the future. There is an opportunity then for Canberra, as a business hub and the centre of government, to reinvent itself and become a leader, not only in Australia but globally.

I think if you take government’s policy leadership and combine this with the business acumen of the private sector, the power of human capital and the innovation of start-ups and small businesses, there is a huge opportunity for Canberra to drive sustainable growth that is leading edge and creates value on a global scale – it’s the biggest challenge and the biggest opportunity.

Disclaimer: The views expressed in this article are the views of the author, not Ernst & Young. The article provides general information, does not constitute advice and should not be relied on as such. Professional advice should be sought prior to any action being taken in reliance on any of the information. Liability limited by a scheme approved under Professional Standards Legislation.

121 Marcus Clarke Street, Canberra, ACT 2600, Australia Phone: 02 6267 3888 www.ey.com

Š 2015 Ernst & Young, Australia. All Rights Reserved. M1528103. APAC No. AU00002268 ED None.

Liability Limited by a scheme approved under Professional Standards Legislation.

How can seven new EY partners in Canberra make your world work better?

By bringing deep industry experience, technical excellence and clear insights to your business issues. Congratulations to: Sumeet Balgovind

Sarah Phillips

EYC3 Business Solutions Information management and business intelligence

Transaction Advisory Services Infrastructure

Ben Bishop

Advisory Health

Transaction Advisory Services Financial modelling

Simon Crowther Assurance Fraud, Investigation and Dispute Services

Tony Sherbon

Peter Wilkinson Advisory Risk-Led Transformation

John Karabin Advisory Information Security

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17

ADVICE ACCOUNTING

19

How secure is the cloud, really?

BANKING

19

A closer look at lender's mortgage insurance

20

10-point end of your checklist to raise with your trusted advisor

20

Increased ATO recovery action means hidden issues for directors of insolvent companies

21

Update your privacy policy to ensure your customers/suppliers feel more secure

BOOKKEEPING BUSINESS ADVISORY BUSINESS LAW

18

by Andrew Sykes, RSM Bird Cameron Chartered Accountants

by Tania Vidovic, ANZ Mobile Lending

by Harry Hoang, Tailored Accounts

by Tony Lane, Vincents chartered accountants

by Mark Love, Bradley Allen Love Lawyers

CORPORATE GOVERNANCE 21

Directors call for tax reform

ENTERTAINMENT

Over 40 years of entertainment knowledge and experience in one call

22

by Phil Butler, Australian Institute of Company Directors

by Peter Funnell, Peter Funnell Entertainment

DISTRIBUTION LOGISTICS 22

How to manage a successful direct mail campaign

FAMILY LAW

Redundancy and separation

23

by Peter Terho, National Mailing & Marketing

by Alison Osmand, Dobinson Davey Clifford Simpson Lawyers

INTELLECTUAL PROPERTY 23

The role of semantics in trade mark adverse reports

RECRUITMENT

24

Why we all need friends at work

SPORT

24

Business benefits/costs of the cricket world cup

WEBSITES

25

Results driven digital strategies

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by Shaun Creighton, Arete Group

by Jim Roy, Hays Recruitment experts worldwide

by Abul Rizvi, YABBA.guru

by Sam Gupta, Synapse Worldwide

ACCOUNTING

BANKING

by Andrew Sykes

Brought to you by Tania Vidovic

is the 2How linesecure Heading ONLY Cloud, really?

A closer look at Lender’s Mortgage Insurance

Actually they are far less risks in moving your accounts to the cloud than keeping your data on a dedicated computer in your premises.

Your accounts computer with all your accounting data is not only at risk from attacks from the internet through malware, spyware, key loggers or other nefarious pieces of code that can find their way onto the computer through email, web browsing or apps being used on the computer. It’s not only the internet connection that’s a vulnerability – every USB connection is ripe for exploitation. And of course when you are transferring your data to your accountant, whether that’s by email, or USB thumb drive, that’s another potential data leak.

All of those vulnerabilities don’t exist when you use a cloud accounting package. There’s no thumb drive to be lost or left on a desk, no laptop to be left in a car or on a train – every time you log in, it’s over a secure connection, and every time you log out, the tablet, laptop or computer you were using has no useful data that can be stolen.

“I don’t want my data on someone else’s server.” “I want control of where my data is” is also what we hear. But the encryption, firewalls, security and protocols developed by the major cloud accounting providers is far greater than you could ever have the resources to manage on your own. It’s worth checking if using a cloud accounting package might even reduce your business insurance premiums for data theft.

If you keep a strict password allocation and user access regime in place, the cloud is far more secure than any clunky accounts computer gathering dust in the corner of an office.

You will however need to ensure that you have a reliable and secure internet connection. Internet dropouts could result in you not being able to access your records when you need to.

In general however the benefits of cloud accounting appear to greatly outweigh potential problems, particularly with the efficiency improvements it can bring about.

How we can help At RSM Bird Cameron, we offer business advisory and accounting services to assist clients to manage their businesses more successfully and profitably.

Contact us if you would like assistance or more information on adapting to digital disruption in the current business environment.

As people look to purchase their new homes sooner, Lender’s Mortgage Insurance (LMI) has become more popular with homebuyers.

Simply put, LMI protects the lender in the unfortunate event that the homebuyer or borrower defaults on the loan. On the flipside, LMI could make it possible for homebuyers to purchase a home with a smaller deposit1,2.

LMI is usually a once-off premium, made at the start of the loan, and paid by the potential borrower. Fees can vary, depending on the size of the loan and the initial deposit amount.

In the event that the borrower defaults, and the sale price doesn’t cover the loan, the lender can then make a claim for the difference to their insurer1.

Lending a hand While LMI is primarily beneficial to lenders, it could have positive impacts for borrowers as well. For instance, homebuyers often require a deposit of around 20% of the property value. However, with LMI, homebuyers could borrow a larger amount with a smaller deposit – sometimes for applications with a deposit as little as 5%2. By reducing the cost of the deposit needed, homebuyers could access a larger range of properties that were previously unavailable to them1,2.

For those purchasing investment properties, it could also allow them to have higher borrowing ratios, which could maximise negative gearing benefits or make more capital available for other investments, e.g. share trading1.

While LMI could help you get onto the property ladder sooner, it could also be expensive3, so it’s important to weigh up all your options. If you’re in doubt as to whether LMI is right for you, consult a professional financial advisor.

Disclaimer: The information is in summary form and does not purport to be complete.

It is intended as a general guide only and is not a substitute for professional advice. The information does not take into account your personal needs and financial circumstances and you should consider whether it is appropriate for you.

Sources: 1. “Lender’s Mortgage Insurance”, anz.com, Accessed 9 September 2014 2. “Lender’s Mortgage Insurance”, yourmortgage.com.au, Accessed 9 September 2014 3. “Pros and cons of lender’s mortgage insurance”, loanmarket.com.au, Accessed 9 September 2014

Bird Cameron

Chartered Accountants

For more information, please contact Andrew Sykes, Director Business Solutions at RSM Bird Cameron, on andrew.syke@rsmi.com.au or 02 6217 0333.

ANZ Mobile Lending For more information, contact Tania Vidovic, ANZ Mobile Lender, ANZ Mobile Lending, M: 0437 131 314 P: 02 6293 3333 F: 02 6293 3311 E: tania.vidovic@anzmortgagesolutions.com This Mobile Lender operates as ANZ Mortgage Solutions Canberra Southside & Weston Creek, ABN 79 116 225 373 an independently operated franchise of Australia and New Zealand Banking Group Limited (ANZ) 11 005 357 522. Australian Credit Licence Number 234527. ANZ’s colour blue is a trade mark of ANZ.

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19

BOOKKEEPING

BUSINESS ADVISORY

By Harry Hoang

By Tony Lane

10-point end of your checklist to raise with your trusted advisor

Increased ATO recovery action means hidden issues for directors of insolvent companies.

Many clients tell us they don’t have an accounting background so it’s difficult for them to check work done by their accountant/bookkeeper. This article provides business owners with a list of 10 things to tick off with their trusted advisor.

1. Payment summaries: Check that your bookkeeper/accountant has conducted a reconciliation between total salary & PAYG withholding in your payment summary report to be sent to the ATO and total W1 & W2 reported on BASs during the financial year.

2. BAS: Ask your bookkeeper to run an annual BAS report as of 30.6 and compare with BASs lodged to the ATO. Any discrepancy will need to have a good explanation from your trusted advisor.

3. Bank: Look at the bank reconciliation report as 30.6 and physically compare it with your bank closing balance as of 30.6. Even $1 dollar discrepancy would need a further check.

4. Aged receivable & payable report as 30.6: Review this report to ensure that it makes sense to you. Does the report show any debtor that you think has paid already and still is showing up in this report?

5. Asset & equipment: Review your asset and equipment movement in the Balance Sheet between this year and last year. Have you purchased any asset that is not included in your Balance Sheet this year?

6. Balance on GST payable account: Does this account show the balance of your last BAS quarter? Or does it show a huge amount indicating you owe the Tax Office more than $100k? If you have no cash-flow problem then why would that be?

7. Balance on super payable account: Does this show the balance of your last quarter super only? Anything more than that would be questionable.

8. Balance on loan/lease account: Check with your loan/lease statement as of 30.6 to ensure it is reconciled.

9. Leave balance: Print out your payroll leave balance in dollar value and compare it your your leave provisional liability in Balance Sheet.

If Mr Tim Benson has two months LSL balance while your balance sheet shows Nil provision for LSL, you have a big question to ask.

10. Are there any transactions posted to your account like: General Expense, Miscellaneous Expenses, Sundry Expense, Unallocated Expense, Drawing? This is a good indicator of lazy data entry.

At Tailored Accounts, we teach our clients to conduct a review of our work using these check points as we believe that clients will pick up thing that we don’t pick up... their financial figures make more sense to them than to us. If you are interested learning more about how to diagnose your books/account status, please don’t hesitate to contact us.

Harry Hoang is Tailored Accounts Executive Director Glebe Park Apartment, Ground Floor - 186/15 Coranderrk St, Canberra T: 02 6169 5196 | M: 0434 196 607 E: info@tailoredaccounts.com.au | www.tailoredaccounts.com.au

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Much has been made of the recent spike in activity emerging from the Australian Taxation Office (ATO) in pursuing winding up action against small business debtors. That increased activity must serve as a warning to recalcitrant businesses.

However, whilst the payment of taxes on time and for the full amount is always good business practice, if you find your company in a position where there are tax arrears and you are contemplating making a payment arrangement with the ATO, there are some important things to consider.

First and foremost – is your company likely to be able to see the arrangement through? Good intentions don’t pay bills, so caution should be exercised in agreeing to a repayment plan that looks good up front, but can’t be supported through ongoing cash flow.

Secondly, if the arrangement is to be supported by borrowings, where are those monies coming from and who is making the payment? So often directors of companies experiencing financial difficulty will turn to friends or family for financial assistance, with the ensuing loans being provided to the company and then the company making payment to the ATO. Each of these options have important implications for directors.

Liquidators, once appointed to an insolvent company, will actively seek sources of recovery for creditors. One such source is often money paid to the ATO under a payment arrangement at a time when the company was already insolvent. Critically, any money repaid to the ATO that is recovered by a liquidator under such an arrangement can in turn be recovered against company directors by the ATO under a little known statutory indemnity that sits within the Corporations Act 2001 (sec. 588FGA) – see Young & Anor v Commissioner of Taxation [2010] NSWSC 288.

Directors will often seek to defend such claims on the basis that the payment arrangement with the ATO meant that the due date for payment had changed, thus making the debt not ‘due and payable’.

Importantly, in the recent case of Smith v Boné, in the matter of ACN 002 864 002 Pty Ltd (in liq) [2015] FCA 319, the Court held that the payment arrangements struck with the ATO did not mean that the payments were no longer “due and payable”. The effect of the payment arrangements was that the debt was merely deferred, but they remained “due and payable” at all times.

Obviously, seeking prompt quality advice is paramount.

Disclaimer: This column does not constitute advice. Readers should seek professional advice appropriate to their individual circumstances.

Tony is a Senior Manager at Vincents Chartered Accountants and provides specialist advice to clients in the areas of insolvency, business risk and financial conflict and dispute resolution. For more information, contact Vincents, Level 7, AMP Tower, 1 Hobart Pl, Canberra City.

T: 6274 3400 F: 6274 3499 E: tlane@vincents.com.au W: www.vincents.com.au

BUSINESS LAW

CORPORATE GOVERNANCE

by Mark Love

by Phil Butler

Update your Privacy Policy to ensure your customers/suppliers feel more secure

Directors call for tax reform

We have been forced to come to terms with a world in which privacy concerns are less about keeping your personal information from others (a near impossible feat in the Digital Age) – but more about limiting its use and dissemination without our consent.1 The Australian Privacy Principles (APPs) were developed to deal with that precise concern through compelling all organisations to adhere to broad principles of transparency, accountability, and responsiveness in relation to the collection and use of personal information. Set into law as part of the recent amendments to the Privacy Act 1988 (Cth), the APPs are founded on the bedrock of APP 1, which states that businesses must deal with their customers’ information in an open and transparent way.

Such transparency necessarily involves crafting a compliant privacy policy, to ensure that consumers are informed about how you will handle their personal information so that they can make informed decisions about whether or not to deal with you. Yet according to a recent review of privacy law compliance by the Office of the Australian Information Commissioner (OAIC), many businesses’ privacy policies are still vastly inadequate.

OAIC recently assessed the online privacy policies of the organisations behind 20 of Australia’s most visited websites, which are run by Australian and international organisations from various sectors including finance, online retail, government, and social and other media. They found that 11 of them (55%) did not satisfy one or more of the basic requirements set by the Privacy Act 1998 (Cth) and the APPs.2 Timothy Pilgrim, the Australian Privacy Commissioner, said the privacy policies reviewed had a median length of 3,413 words, and were therefore “still too long making it difficult to locate relevant information”.

This was deemed by OAIC to be inconsistent with APP 1, which requires privacy policies to be “clearly expressed and up to date”, and is necessary to ensure organisations manage personal information in an “open and transparent way”.

Many policies also did not outline how personal information could be accessed and corrected, how a privacy complaint would be dealt with, how personal information would be protected, and whether the personal information was likely to be sent overseas.

If your privacy policy is overly long or complex, or neglects to address any of the above issues, we recommend that you review it in order to give your customers and suppliers the assurances that we all, by now, have come to expect.

Sources: 1. http://america.aljazeera.com/articles/2014/11/4/data-privacy.html 2. http://www.oaic.gov.au/news-and-events/media-releases/privacy-media-releases/ privacy-policies-still-have-room-for-improvement

Mark Love, Legal Director, Business Law 9th Floor, Canberra House, 40 Marcus Clarke Street, Canberra ACT 2601 E: mark.love@bradleyallenlove.com.au T: 02 6274 0810 | www.bradleyallenlove.com.au

In 2014, the AICD published its Not For Profit (NFP) Governance Study and also held a series of roundtables which investigated the financial sustainability challenges of the NFP Sector.

In this diverse NFP sector, factors affecting sustainability vary according to the function and funding base of each organisation. Those focused on service delivery, for example, are increasingly likely to have to negotiate the presence of private sector organisations in the operating environment.

The movement of the private sector into areas of service delivery previously regarded as the domain of NFPs, and a fluid regulatory and policy environment, have prompted many NFPs to examine their financial sustainability through a different lens.

At one of the roundtables there was discussion on how directors should, on occasion, use finance and budget discussions to challenge assumptions around their organisations’ purpose, culture and level of innovation.

Structural change, particularly in disability and aged care, but present in varying degrees across the sector, has also underlined the need for NFPs to have robust systems and data. These provide a secure foundation from which directors can make decisions regarding service delivery, sustainability and innovation.

Many NFP boards feel the pressure of operating with paper-thin margins and would like to build up reserves, but face opposition from funders – both donors and government – who want all funds ploughed into service delivery.

Financial sustainability has always been a major consideration for NFP directors. The Study and the roundtable discussion show while the nature of the challenge continues to evolve, NFP directors remain keen to share their experience and knowledge.

In recent decades many NFPs grew substantially as governments outsourced various forms of service delivery. Now, federal and state governments have either, cut back funding, or reduced the rate of growth in funding, for many NFPs. This has forced many NFPs to consider how they are structured, what they do and how they fund what they do. “We all need to invest in strategic thinking to determine what our business is and how we want to be sustainable. We have to be dynamic and clever or else we will just go under,” reflected one director.

For some, the route to sustainability lies in consolidation. The Study shows more than 30 per cent of NFPs have discussed mergers in the past year. In some cases these are being encouraged by government. One roundtable participant who had recently gone through a merger was positive about the benefits but warned that, in the short term at least, such activity had a big impact on resourcing. This director urged others treading a similar path to consider the potential impact on service delivery.

While NFP organisations continue to evolve and mature, there is no doubt that their directors are keeping a sharp eye on both the balance sheet and the cash flow forecasts, as well as meeting the needs of the communities they are working with.

Phil Butler is Manager - NFP, Public Sector & ACT at the Australian Institute of Company Directors.

Level 3 54 Marcus Clarke Street Canberra T: 02 6132 3200 | www.companydirectors.com.au

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ENTERTAINMENT

DISTRIBUTION LOGISTICS

by Peter Funnell

by Peter Terho

Over 40 years of entertainment knowledge and experience in one call

How to manage a successful direct mail campaign

“Motivation”, “Loyalty”, “Drive”, “Determination”, “Goals” are words that often describe today’s business success, and for over 40 years I have built one of Australia’s most comprehensive stables of motivational speakers and entertainers, for your next business function.

From staff sales training sessions, to conventions and corporate presentations, the right guest speaker, or entertainer, can make your next event stand out above the rest.

My clients range from local businesses to major corporations and I have managed events ranging from 20 guests to major international conventions. In each B2B I’ll describe a couple of the acts I represent, but ideally, if you contact me I can tailor the perfect performer to your function & budget.

One such example is Steven Bradbury - the perfect performer, MC & speaker for your function.

Steven collected the most unlikely, unthinkable gold medal in the history of the Olympics. Australia’s first Winter Olympic Gold medal !

Steven tells an amazingly inspirational story of triumph over adversity, of how he underwent years of obsessive training, pain, setbacks, sacrifice and life threatening injuries and of how he armed himself with the information and tools he needed to achieve this amazing success. Steven has spoken at over 800 conferences and events in 15 countries. Steven knows his way around a stage like he used to know his way around an ice rink. He loves that his strategies for success in business and in life now inspire and help so many.

An example of entertainment at it’s best is The Boys in the Band The International hit show; ‘Boys in the Band’ is one of the most successful concert and corporate shows to come out of Australia in recent history. This amazingly versatile, highly polished and audience interactive show features over 50years of tunes and medleys of the biggest hits the world has ever known.

Boys in the Band have enchanted audiences right across the globe performing a two week season at The Mandela Theatre in South Africa where critics labeled them “a cut above the rest”, followed by their hugely successful first Australian tour in 2014 which included shows at the prestigious Arts Centre Melbourne and the Playhouse theatre in Canberra.

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If managed correctly, direct mail can continue to be an important and cost-effective component of any marketing or information dissemination campaign, used either in tandem with the electronic media or as a standalone tool. A good direct mail campaign will focus on promoting a specific product, service or offer, and encourages your prospective customer to act – to receive further information, register their interest, visit your website or make a booking or purchase.

Cost is obviously an important factor, but while we endure everincreasing postage prices, technology and competition are working in the consumer’s favour with regards downwards pressures on the cost of printing and mail processing. Cost also has to be evaluated in terms of effectiveness and results – my guess is that most people would be happy to spend $100 to get a return of $200, but very few would be prepared to spend $50 for a $10 return.

Following are some tips to help you achieve as good a result as possible from any planned direct mail campaign, and at the most efficient cost • Early contact with all providers in the supply chain (from design stage to distribution), and ask for their advice; • Campaign timeframe – start with your target despatch/delivery date and work backwards to determine critical target dates along the way (and make sure your providers meet these); • Ensure your mailing list is current and specific to your target audience – reduce overall costs by sending only to those people who are considered genuine potential customers (random or “shotgun” marketing can be a very expensive exercise with minimal results); • Distribution methods are critical as they generally represent the majority of the overall cost • Mail – keep to Small Letter size if possible (Large Letter postage can cost twice as much); • Parcels/Freight – avoid empty space/lightweight inserts or the packages may be cubed; • Optimise the distribution method (early planning avoids the need for airfreight/priority mail); • The design/size/content of the mail items impact heavily on the eventual distribution costs; • Check out the benefits of digital versus offset printing (and colour versus black only); • Personalise/customise your message and use it in conjunction with other marketing media (eg encourage the recipient to access your website); and • Presentation is important – design your mailer to be unique and relevant to your target audience and to immediately grab their attention.

If in doubt, talk to those with the experience and expertise – it should cost nothing for this early advice, but is likely to save you a good deal of angst and expense during the life of the campaign.

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INTELLECTUAL PROPERTY

FAMILY LAW

by Alison Osmand

by Shaun Creighton

Redundancy and separation

The role of semantics in trade mark adverse reports

Redundancies, both voluntary and involuntary, are a very common occurrence in Canberra in recent times.

Many people view them as a fresh start, a means of paying down debt such as mortgages, and a way forward into their future. This is particularly the case if a redundancy occurs shortly after a separation.

Incorrectly, many people who receive redundancies after separation believe that they will not be taken into account in the distribution of property between themselves and their former spouse. A redundancy will also crystallise long-service leave entitlements and recreational leave entitlements as cash payments. Again, it is not possible to ignore these entitlements when negotiating with your former spouse.

An interesting ramification for Canberra public servants, and therefore quite Canberra-centric, is that a voluntary redundancy may also allow you to elect to access your superannuation as a pension, a lump sum payment or a combination of a pension and a lump sum payment. The result of this will be that superannuation entitlements that may have accrued during the relationship will also be crystallised and the result being that the superannuation will change its nature and form, depending on the election made. If this is done without consultation with your former spouse, they may be entitled to make application to the Court before the election is made, for what is known as a ‘flagging order’. In addition, orders could be sought seeking to restrain you from exercising any election with respect to your superannuation entitlements.

Therefore, there are serious ramifications for taking steps as part of your voluntary redundancy that will change the nature of the asset pool and reduce options for your former spouse in relation to property settlement.

It is therefore essential that you obtain legal advice if you are considering, or have been offered, a voluntary redundancy.

Alison Osmand is a Senior Associate of the firm 18 Kendall Lane, New Acton Canberra City ACT 2601 T: (02) 6212 7600 E: mail@ddcslawyers.com.au www.ddcslawyers.com.au

One of my old running mates recently posted a photo on Facebook of a sign which listed prohibited conduct in a recreation reserve: “ jogging is prohibited”. I posted a suggestion that if he was charged, the logical defence would be “but, your honour, I was not jogging. I was running. There is a difference. Not guilty as charged”.

My suggestion in differentiating between jogging and running was intended as a joke, but it also got me thinking. The law really is quite often a matter of dealing with what most people would consider semantics.

Let’s consider semantics in trade mark law. Semantics are alive and well when responding to an Adverse Report issued by a Trade Mark Examiner.

Below is a couple of hypothetical examples.

Section 41 of the Australian Trade Marks Act 1995 (Cth) (the Act) broadly provides that a trade mark cannot describe the goods / services for which monopoly rights are sought. A good example is that you can of course have a trade mark for APPLE in relation to electronic computing and music products, however a single trader could not have monopoly rights for APPLE in relation to the sale and promotion of apples or products primarily comprised of apples. So far so good, but what about if someone applied for a trade mark application for APPLE in respect of vegetables?

If a Trade Mark Examiner raised an Adverse Report in this hypothetical example, there would be room to argue that the mark APPLE does not describe or allude to vegetables. Taking it one step further, there would be room to argue to the Examiner that the examination process didn’t compares apples with apples, unless the Examiner was referring to tomatoes, which are sometimes known as love apples. But then of course you could argue that a tomato is scientifically a fruit.

Semantics – but also an argument that may just be sufficiently sustainable to overcome the objections raised by the Examiner and allow the application to be accepted. Section 44 of the Act broadly provides that a trade mark application must be refused if it is substantially identical or deceptively similar to an earlier filed mark and in relation to the same, similar or closely related goods or services.

Taking our jogging v running example, if someone applied for a trade mark for JOGGING COACH for jogging programs (which you wouldn’t do, since it would receive an Adverse Report under section 41 of the Act, but leaving that aside for now), those rights would almost certainly extend by default to running programs since they would be deemed similar services (despite the fact that, as noted above, jogging and running are not the same thing). Therefore, if another person applied for a trade mark for RUNNING COACH in relation to running programs, and an Adverse Report was issued, it is unlikely objections could be raised by differentiating the services (since, as noted, the services although not the same, are similar). However, you may be able to overcome the objections raised in this hypothetical example by focusing on the difference between the word JOGGING and the word RUNNING, being the memorable features of the respective marks.

Semantics would again, be at work. In this example, you would argue that the words JOGGING and RUNNING are visually different and are pronounced differently. You may also argue that although they have a similar meaning, the relevant consumer would know that jogging and running are not the same thing, and accordingly, convey a different meaning.

For further information or if we can assist, visit our website at www.aretegroup.com.au or email Shaun.Creighton@aretegroup.com.au for an obligation free assessment of your legal issues.

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RECRUITMENT

SPORT

by Jim Roy

by Abul Rizvi

Why we all need friends at work

Business benefits/costs of the cricket world cup

Most of us spend more time with our colleagues during the working week than we do our own families, so it’s important that we have established relationships with our workmates which allow us to be happy and productive.

70 per cent of employees say having friends at work is the most crucial element to a happy working life.

These employees are not just happier of mind, but body too; strong relationships can improve our cardiovascular functioning and decrease stress levels.

The advantages of having good workmates aren’t exclusive to the employee, either. By creating an environment in which friendship bonds are encouraged, and their benefits fully appreciated, employers can profit from more loyal, creative and productive employees.

Employees who have good relationships with their colleagues are less likely to look for work elsewhere. They’re also less distracted by concerns about not fitting in, allowing them to focus more on their performance and productivity in a supportive environment.

On top of this, employees who feel comfortable in one another’s company are more likely to express themselves; sharing ideas and aspirations that they have without risk of being put down.

Day-to-day interactions with people who you look forward to seeing makes coming into work much more enjoyable. In order to sustain high morale and motivation at work you need to be getting the respite that having friendly relationships provides.

The trust that comes with having a close group of friends at work is also vital to team cohesiveness and thus the overall success of the business.

Regardless of whether you’re just starting out in your first professional role or nearing retirement, there are many things we can do to make new friends at work.

These include getting out of the office for social events, appreciating the work of colleagues by valuing their input, finding common interests to talk about, being open and honest with co-workers and not taking yourself too seriously!

Both employees and employers should be making a constant concerted effort to foster bonds at work. Having a support network at the office as well as at home is a great way to increase your productivity and job satisfaction.

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Jim Roy, Regional Director 5th Floor, 54 Marcus Clarke Street, Canberra T 02 6112 7663 | F 02 6257 6377 E canberra@hays.com.au

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A study by PriceWaterhouseCoopers (PWC), commissioned by the Cricket World Cup Organising Committee, Cricket Australia and Cricket New Zealand, reports that the recent Cricket World Cup generated more than $1.1 billion in direct spending ($25 million in the ACT), created the equivalent of 8,320 full time jobs (250 in the ACT), and a total of 2 million bed nights across the two countries (30,000 in the ACT).

Total attendance at World Cup matches was over 1 million with 295,000 of these being unique international and interstate visitors (19,000 to the ACT). The tournament was reportedly watched by more than 1.5 billion people worldwide.

From a business perspective, the obvious beneficiaries are likely to have been broadcasters, airlines, hotels, restaurants and cafes, catering, security and transport companies. Other businesses will also have benefited, some indirectly.

But do such mega sporting events always have a positive impact? Is it always good for business for countries/cities to bid for such sporting events?

It is interesting the PWC report is titled an ‘Economic and Benefits Analysis’. There is little reference to costs. Sports organisations do themselves no favours by restricting such reports to benefits. It is true that reports that look at both costs and benefits carry greater risk for the commissioning sport but they are also likely to be taken more seriously by governments, businesses and the public. It would have also been helpful to include more explicit comparisons with other events such as the recent Asian Cup. One major advantage this Cricket World Cup had over other mega sporting events is that much of the infrastructure already existed. This will have minimised potential costs to taxpayers, especially to the ACT as the upgrade to Manuka Oval had already taken place. The Cricket World Cup can be viewed as part of the return on that investment. But there will have been other organizing costs to governments that should have been listed in the report.

The benefits of sports related tourism must also take into account crowding out effects as some potential visitors to a country/city may decide to avoid travel to that location – this would reduce the overall benefits. Such crowding out will be less during the ‘off-season’ which for Australia will tend to be winter. But the Cricket World Cup was in the warmer months when more international tourists come to Australia anyway and when Australians take their holidays.

In addition, there are substitution effects whereby entertainment spending on attending the cricket may have replaced other forms of entertainment spending – thus further reducing the overall benefits.

There also may have been some inconvenience and congestion effects on local consumers and residents who as a result may have spent less of their money in Canberra (or indeed left Canberra during the event).

On the whole, however, it is likely the Cricket World Cup was a positive for businesses in Australia and in Canberra.

For more information, contact Abul Rizvi Managing Director Yabba.guru on 0413 990 439 or go to www.yabba.guru

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WEBSITES

by Sam Gupta

Results driven digital strategies Direction is so much more important than speed – many people are going nowhere fast. Many business owners fail to really look at the strategic direction of their business on a regular basis. With time and pressure of running a small business, goals often become blurry. Thinking strategically, takes time and patience – which is often the last thing a business owner has. In no time, business starts heading in the not-so-right direction. It becomes like a car with the misaligned wheels, you put all your energy into holding the wheels straight. Without thinking holistically & strategically, you change one of the wheels to a wrong size one; either too big or too small.

This happens more often in the business than you think.

Sam Gupta, Managing Director of Synapse Worldwide says “Many established businesses approach me saying, ‘I just don’t get any work from my website, I just want something that looks better, or ‘We just want to rank top 5 on Google’ or ‘We have plenty of traffic, we just want to convert more leads’. Any of these things can fix one problem, but it may not provide a long term sustainable solution.”

Synapse Worldwide, a local Canberra business has been providing digital solutions to small businesses from past 10 years. From websites to ecommerce, SEO, marketing automation and lead conversion strategies, they do it all. Many of their websites enjoy sustainable high ranking on the search engines. They focus on end-users and justify every aspect of the solution to ensure that it is truly designed to serve that business.

Sam Gupta says “One of the first things I do before starting a project is, hold a strategy workshop of 2 to 3 hours to get a full understanding of the business, its product/services and its customers. To help businesses succeed online, I need to know all about the business before I can recommend or implement solutions.”

Last month, one of their customers reported an increase in monthly revenue of over 160% growth since their involvement. He adds “At Synapse, we believe in challenging the status-quo and implementing solutions that are strategically focused and results oriented. There is no one solution that fits all. We tailor the solutions to suit the business. We distinguish ourselves from the other providers with our ability to constantly exceed customer expectations, and provide fresh, exciting and practical solutions that are closely aligned with the current and future demands of your business needs.”

So, if you are looking to grow your business online, call Sam Gupta on his mobile 0407 019 091. You can take advantage of his free one hour consultation, where you can discuss your business and ideas with him and explore the ideas on improving your business’s digital presence.

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A S S O C I AT I O N S T O B U S I N E S S

Investment in business development will boost confidence ROBYN HENDRY

CEO CANBERRA BUSINESS CHAMBER

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he Canberra Business Chamber commends the ACT Government for providing strategic funding in this year’s Budget to stimulate economic activity in the region.

It is important the ACT continues to diversify its economy. The $11.75 million for a new business development strategy, Confident and Business Ready, is designed to drive investment, create jobs and encourage innovation. It will build on previous business development strategies.

The Business Chamber supports the fact that investment in the innovation sector will be through the CBR Innovation Network. The ACT has already demonstrated it is a hotbed of innovation and this move should see even more cutting-edge, local businesses emerge and grow.

We recognise the significant contribution of the higher education and research sectors to the ACT region economy and the need to increase capacity and further develop Canberra as a centre of excellence in these areas.

We are pleased to see additional resources for tourism and events and look forward to working with the Government in the ongoing development of Brand Canberra.

The Business Chamber is also supportive of the stated intention to advocate for local business in government procurement processes and to increase the payroll tax threshold to $2 million in 2016-17.

We do however; encourage the ACT Government to continue to invest in providing support and services to the broader business community outside the innovation sector, particularly SMEs. The vast majority of business in the Canberra region that make up the engine room of the economy sit outside the innovation sector and for these business to survive and thrive the Government needs to take an active role, in partnership with the Chamber, to build capacity in trade, skills and business advice.

The Chamber strongly supports a regional approach to economic development, working in partnership with regional local governments and the NSW Government.

The Business Chamber is concerned about the forecast size of the budget deficit. However, in the context of the contraction in Federal Government expenditure and employment downsizing, B2B M AGA Z I N E.CO M . AU

the Chamber believes the ACT Government’s expansionary approach is reasonable in the present circumstances. Key capital investment projects such as the City to Lake, planning for light rail, refurbishment of the National Convention Centre, development of the Australia Forum convention centre, and expansion of hospital and sporting facilities will stimulate the ACT economy, create employment and lay the foundation for future economic and social development Having said that, it will be increasingly important that forecasts are not overly optimistic and there is a clear and robust plan to bring the budget back into surplus. Investment in productive infrastructure and asset recycling in this period of historic low interest rates is prudent, but without a clear plan to address the budget deficit business confidence will diminish and the task of addressing the budget shortfall will become increasingly difficult – providing a very poor outlook for the future.

The Business Chamber will continue to advocate for reform of private sector workers’ compensation. Significant improvements can be made to the scheme and the Chamber calls on the Government to remove inefficiencies that impact on the rehabilitation and return to work of injured employees.

Business indicators point to an improvement in business confidence in the Canberra region, following early signs that the Federal Government reforms are nearing completion. While still below the national average, indicators are moving in the right direction and we are cautiously optimistic they will continue to do so.

EVENTS Business Breakfast with the Hon Tony Abbott MP DATE: Monday 22 June 2015 TIME: 7.00am VENUE: Gandel Hall, National Gallery of Australia, Parkes Place, Parkes ACT Chief Minister’s Export Awards Launch DATE: Thursday 18 June 2015 TIME: 10am – 11 am VENUE: Departures, Upper Level, Canberra International Airport

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ANDREW BARR

CHIEF MINISTER TREASURER MINISTER FOR URBAN RENEWAL MINISTER FOR TOURISM AND EVENTS

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CHIEF MINISTER’S MESSAGE

Renewed Business Development Strategy ‘Confident and Business Ready; Building on Our Strengths’

A

strong and sustainable economy is essential for us to meet the needs of the Canberra community now and into the future. We know that our economy will grow as we are diversifying our private sector and that this in turn will create new jobs.

That’s why the ACT Government, through our renewed business development strategy, Confident and Business Ready; Building on our Strengths, is focussed on continuing to create the right business environment and using our competitive strengths to accelerate innovation and investment.

As a city we have many reasons to be confident.

We’ve weathered the storm of the Abbott Government cuts to keep unemployment low, retained our Triple-A stable credit rating and attracted investment from major international companies including IKEA, Qantas and Costco.

What is clear is we need to keep diversifying our economy, continue to stand on our own two feet and make sure we play to our strengths as a smart, liveable city.

Strong partnerships between the Government, our business community, our world-class education institutions and the region are also a major focus of this strategy because it is these partnerships that are helping make Canberra a truly international city and knowledge economy.

As part of the first phase of the Business Development Strategy we established the CBR Innovation Network as a partnership between the research sector, the business community and the Government. This is a major nation leading outcome for driving innovation and I would like to publically thank the Foundation Members – the ANU, University of Canberra, NICTA, CSIRO and UNSW Canberra – for their commitment to the Network.

In this renewed strategy we are committed to working even more closely with the higher education and research institutions to deliver a stronger economy for Canberra.

Many businesses would say that the best thing that government can do to help them is ‘get out of the way’. And I agree. That is why we have put in B2B M AGA Z I N E.CO M . AU

place a strong regulatory reform agenda and have taken action to reduce red tape.

But government can also make a positive contribution to the overall environment facing businesses, particularly in their interactions with government. That is why we have established Access Canberra to simplify the way business is able to access government.

We have also delivered on our commitment to reduce payroll tax and conveyance duties and we are playing a strong role in projecting Canberra to new markets and global talent through initiatives like Brand Canberra, Study Canberra and Invest Canberra.

The Government also recognises that access to government procurement can be a driver of business growth. That is why I’m pleased the renewed strategy includes two new procurement initiatives.

The first is the establishment of the Local Industry Advocate to ensure that ACT Government procurement decisions take into account the capability of the local industry.

The second is the Small Business Innovation Partnership, which will provide local companies with an opportunity to deliver innovative products and services to the ACT Government with a view to developing these products and services for sale to other governments and clients.

In total Confident and Business Ready; Building on our Strengths has 13 priorities and 42 actions that we have committed to deliver. We have committed $11.75m in new funding over the next two years to deliver the strategy.

I believe that the strategy provides us with a strong foundation for the future growth and diversification of Canberra’s economy. I look forward to working in partnership with the business community and the research and higher education sector to achieve our goals.

For more information on Confident and Business Ready: Building on Our Strengths visit www.business.act.gov.au/strategy

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