B2BMAGAZINE.COM.AU
MARCH 2014
91
UNCOVERING CAR LEASING SECRETS PayMe Drive cover story
$4.95 inc. GST
TAP INTO THE HIDDEN JOB MARKET
PERSONAL PROPERTIES SECURITIES ACT
HAYS EXPLAINS HOW
DOES THIS AFFECT YOU?
CANBERRA BUSINESS COUNCIL & CHAMBER TO MERGE
ISSN 1833-8232
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CONTENTS
PUBLISHER'S NOTE
Merged ACT business organisations: no brainer The announcement recently that the ACT with a population of 350,000 and 26,000 businesses could be better TIM represented with one, not two, business BENSON organisations is a no brainer. The Publisher Canberra Business Council (Council) and the ACT & Region Chamber of Commerce and Industry (Chamber) are working to form a new organisation. Eligible members present will be required to vote 75 per cent yes for a resolution to proceed. B2B magazine supports a 'yes' vote. The cover story in this issue is all about PayMe Drive. If you lease cars or want to lease a car, you need to read this cover story. PayMe Drive, headquartered in Canberra, but with offices nationally, is the next big thing in car leasing. They say they can save people thousands of dollars on their car leases. They are definitely worth a call to find out. Also, RSM Bird Cameron's ACCOUNTING advice column warns that the Personal Properties Securities Act 2009 (PPSA) which came into force on 31 January 2014 fundamentally changes the way security interests in personal property are regulated across Australia. If your business borrows or lends money; purchases or sells good on agreement, assignment or credit; grows crops or livestock; owns or leases machinery or vehicles, then this Act affects you. The legislation resulted in the creation of an online Personal Property Securities Register (PPSR) in which any holder of a security interest in personal property must register to ensure they have a priority claim to that property. Read more page 22. And HAYS RECRUITMENT advice column lets you in on the secrets of the hidden job market. The hidden job market is very active in Australia and there are many vacant positions that are never advertised. These roles are often filled through informal or formal networks. The statistics vary, but the consensus suggests that at least 50 per cent of jobs aren’t advertised. Given the tightness of networks in Canberra, I would suspect that that this figure is even higher. Send all comments to editorial@b2bmagazine.com.au
15 COVER STORY PayMe Drive UNCOVERING CAR LEASING SECRETS
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CONTENTS
FEATURE
25 HEALTH
Skill-up your health By Healthy Identity
06 Can I leave someone out of my will?
Dobinson Davey Clifford Simpson Lawyers
08 7 common recruitment mistakes that reduce your chances of finding the best candidate Horizon One Recruitment
06
RSM Bird Cameron Chartered Accountants
12 ACT Government and Chamber launch
29 PROPERTY FINANCING
19 Beware of a cheaper website it comes with a price
Investment property financing By Loan Market
OPINION
RECRUITMENT Unlock the hidden job market By Hays Recruitment
Canberra Web
05 It’s about time there was one body representing business in the ACT
COVER STORY A2B: ASSOCIATIONS TO BUSINESS 31 MINISTER'S MESSAGE Canberra recognised for innovation
21 ADVICE FROM THE EXPERTS
32 CANBERRA BUSINESS COUNCIL The right building in the right place
22 ACCOUNTING
Is your business PPSA compliant? RSM Bird Cameron Chartered Accountants
33 ACT EXPORTERS Take your business global
BUSINESS LAW MOU versus legal contract? By Bradley Allen Love Lawyers
34 ACT & REGION CHAMBER OF COMMERCE & INDUSTRY Federal Budget countdown
23 CORPORATE GOVERNANCE
Is your board effective? By Australian Institute of Company Directors ESTATE PLANNING SMSF trustees: lessons for the blended family By Certus Law
36
ISSN 1833-8232
30 WEBSITES
5 must-have productivity apps By Synapse Worldwide
15 Uncovering car leasing secrets: PayMe Drive
08
New privacy laws – are you prepared? By Arete Group ONLINE MARKETING Introduction to Google AdWords By nFlame Creative
10 Accounting in the cloud
age-friendly awards
10
27 INTELLECTUAL PROPERTY
BUSINESS NETWORKING
36 B2B @ Maxim Invitational 2014 38 B2B @ AICD Public Sector Mentoring Launch 38 B2B @ Hong Kong Trade Commission
25 FAMILY LAW
Child support – by agreement or assessment? By Dobinson Davey Clifford Simpson Lawyers
Chinese New Year
EDITOR
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OPINION
Photo by Andrew Sikorski
It’s about time there was one body representing business in the ACT
By Tim Benson
T
he recent announcement by the Canberra Business Council (Council) and the ACT & Region Chamber of Commerce and Industry (Chamber) that they would work together to create one body to represent business in the region – is a no brainer and well overdue. The history of the split from the Chamber of a number of heavy hitters about 30 years ago to form the Business Council, is just that, history. Also reconciled to history is the reason that the two organisations haven’t reunited in the past 10 years was because the Chamber had two conditions: 1 the new organisation would be called the Chamber; and 2 the CEO would be Chris Peters. Not exactly a great negotiating position. The fact is that there are many businesses doing it tough in the ACT and having to negotiate and tippy toe around two organisations, let alone pay two sets of fees and attend two sets of functions and meetings every month is a ridiculous burden to ask hard working business people to commit to (and of course most haven’t - I think there are less than 20 businesses that are members of both organisations). Now this proposed new organisation (Don’t call it a ‘merger’, it’s definitely not a ‘merger’), will be well served by any of the current sitting board members, staff and existing CEOs. It will be a shame to lose any of these people along the way. But, this will happen, and the new organisation will move forward as a stronger, more professional, voice for business in the ACT Region. Separately, the Chamber and the Council have done good jobs representing business
in the ACT – but they have also been a shining example of the criticisms business sometimes targets at government: these being, duplication, inefficiency and wasting taxpayers (business community) money. B2B magazine is very positive about the ‘new organisation’ and urges all eligible members to vote in favour of it. Below is the text issued by both organisations announcing their intention to create a single organisation: The Canberra Business Council (Council) and the ACT & Region Chamber of Commerce and Industry (Chamber) have announced their intention to take a proposal to their members to create a single organisation to represent the interests of business in Canberra and the region. The boards of both organisations have been considering this prospect and have both unanimously voted, subject to due diligence, to put the resolution to members. The purpose of creating a single organisation is to combine the experience and resources of the Chamber and the Council to provide a greater depth and quality to the important services that they provide to business. “It’s time for the Council and the Chamber to come together as a single organisation to represent the interests of business in Canberra and the region,” said Michelle Melbourne, Chair of the Council and Julian Barrington-Smith, Chair of the Chamber. “By combining the skills, experience and resources of the Chamber and Council we will create a single, stronger organisation.
“It will have a stronger membership base, create more opportunity for collaboration, networking, thought leadership and provide better services to the business community. Business in Canberra and the region will be better served by bringing two organisations together as one. “From the smallest business to the biggest business, we intend to create a new organization that will work hard to understand their needs and help them to grow and prosper. Ultimately what’s good for business is good for Canberra and the region and we certainly believe that this move is in the best interests of both.” The two boards have appointed Deloitte to manage the process. Deloitte is supported by a series of sub committees made up from board members of both organisations. “This is a genuine, collaborative effort to do something that is in the best interests of our members,” Melbourne and BarringtonSmith said. “We know that by coming together as one we can have a single point of view and provide stronger leadership and a sharper focus on the needs of our business community. “There are a range of details that still need to be worked through and we are confident that we will be in a position to put a resolution to both memberships in the near future.” For the resolution to succeed, 75% of the members present and who are eligible to vote, must vote yes.
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F E AT U R E
Can I leave someone out of my will?
F
amily provision is a growing area of law, and high profile estate disputes are increasingly being reported in mainstream media. There are a number of reasons why you may not want another person to receive anything from your estate when you die including: estrangement; dislike; feeling that they have already received their fair share; or because another beneficiary has a greater need for your assets.
If you are concerned about the possibility of someone challenging your Will, it is wise to seek legal advice. You are free to make a Will dealing with your estate in whatever way you choose. However, the law allows the Court to intervene to change your Will if you had a moral duty to look after someone and did not provide enough for them. There are plenty of misconceptions about when a Will can be challenged. Common myths include: Myth #1 - Any of my acquaintances can make a claim against my estate. Not just anyone can claim against your estate. Only persons who are ‘eligible applicants’ are able to commence a family
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provision claim. Spouses and children are eligible to claim against your estate. The other categories of eligible applicants vary between States and Territories and may include people who have lived with you or been financially dependent on you. Myth #2 - Leaving a small gift in the Will is enough to preclude a claim. In deciding whether to make an order varying the terms of the Will, the Court must decide whether you left adequate provision for the applicant’s maintenance, education and advancement in life. The Court can consider a range of factors including the size of the estate, history of the relationship and the financial needs of the applicant. Leaving a small gift in the Will is not, in and of itself, effective in precluding a successful claim. The Court will consider whether that gift is adequate provision for the needs of that particular beneficiary. Myth #3 - There is no point making a Will if someone can make a family provision claim anyway. Courts are not in the business of rewriting Wills. While the Court may make an order in favour of a person to whom you had a duty to make provision, the Court limits such provision to what is adequate in the circumstances. If you do not make a Will, the rules of intestacy will determine how your estate is divided and there is a high
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chance that this distribution will not reflect your wishes. If you are concerned about the possibility of someone challenging your Will, it is wise to seek legal advice. While family provision claims cannot always be avoided, it is possible to structure your affairs in such a way to reduce the risk of a future claim against your estate.
Rebecca Tetlow is an Accredited Specialist in Wills and Estate Law (NSW) and a Senior Associate of the firm. 18 Kendall Lane, New Acton, Canberra phone (02) 6212 7600 mail@ddcslawyers.com.au, www.ddcslawyers.com.au
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B2B M AGA ZIN E
F E AT U R E
7 common recruitment mistakes that reduce your chances of finding the best candidates By David Harrington
U
nderstandably, employers worry about making recruitment mistakes. Many employers turn to professional recruitment consultancies to help them achieve better results, but things don’t always go to plan. However rigorous your recruitment process, errors can be made and potential ‘lemons’ can slip through the net. So what are the most common mistakes when recruiting either directly or through an agency, and how do you avoid them?
Despite market conditions being favourable to employers currently, there has been no change to the proportion of top talent on the market. They still represent only 10% of the market, and everyone is chasing them! If you have taken more than 3 days after an interview to offer or confirm interest, you may have already lost your top candidate! Do you really want to risk losing all that time and effort and the best talent because you have been side-tracked on something else?
1. Inadequate job descriptions & advertising copy Bland, generalised or inaccurate descriptions will reduce the chance of attracting the right calibre of candidate for your position, and you will waste time sorting through unqualified applicants. By being more explicit with details and expectations, including key ‘selling points’ and not being too ‘exclusive’ with selection criteria you will filter the candidate pool right from the application stage, ultimately leading to better candidates — and a fast, more effective hiring process.
3. Low ball vs paying market rates Top candidates are generally aware of their own worth. Low ball or non-competitive offers will often ‘switch off’ the interest of good candidates purely based on professional respect, and quite often they will not return to that process, even if a higher offer is made.
2. Failure to move quickly enough Organisations need to plan for the hiring process and make sure key decision makers make time available, and plan for a smooth efficient process. This is where a good consultancy can add real value in taking control of the process and ensuring things happen according to a timeline. 8
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4. Only focusing on skills and experience Immediate, short term vacancies require a very close alignment of experience with the role so the contractor can ‘hit the ground running.’ However for longer term vacancies, organisations that hire the best person based on capability and organisational fit, and then train into the role, achieve more sustained value and a longer term fit. 5. Failure to ‘engage’ at interview Have a very clear ‘value proposition’ for working with your team and organisation, and consider developing a publicly available ‘benefits listing’ that clearly articulates this.
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6. Failure to engage effectively with a recruiter To run an effective process, open and timely communication from both sides is important all the way through. Engaging upfront and in-person with a specialist recruiter is crucial. Time invested in building a strong shared understanding will be returned tenfold in the results. 7. Not providing feedback Best practice is to give a candidate feedback as soon as you are absolutely sure they are not right for the role. Employers who provide detailed feedback portray a transparent and honest culture in their recruitment and selection process. So, place value and invest the appropriate amount of time into your recruiting processes for the best results. And remember, the best hires are found when companies and recruiters commit to working together in partnership.
Sourcing talent is a science, not a sales game
Please contact David Harrington, Director at HorizonOne Recruitment on 02 6108 4878 or david@horizonone.com.au Level 1, 27 Torrens Street, Braddon www.horizonone.com.au
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F E AT U R E
Accounting in the cloud
N
o matter how successful, fast growing or fabulous a small business is, few owners would complain of having too much spare time. Finding those extra minutes, or if they are lucky, hours to work on the business other than day to day operations — those rare moments, are also the most crucial for a business’s long term success. Sometimes family time loses out in the clash between a busy business and the owner’s lives. Many small and medium-sized businesses are husband and wife teams, operating with staff or alone. Often it is the wife who prepares accounts and looks after a lot of the
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bookkeeping. To these women, accounting in the cloud offers the greatest potential to free up some well earned ‘me time’. Cloud accounting is well past the ‘new’ stage with many mature products and services now available — and they are all competing for the attention of Australian small and medium businesses. Hundreds of businesses that made the switch to the cloud were surveyed about their experience and they reported on average a saving of 10 bookkeeping hours per month. To the person doing the bookkeeping, that extra day or so every month can be used for greater productivity or more
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family time. To the person paying for the bookkeeping it’s win-win as they have access to up-to-the minute dashboards of their business and can reassign staff to more productive tasks. Even when they are out of the business, they can view an up to the minute snapshot of their position from a café, lounge or hammock. “It’s fine to live for your business, but that doesn’t mean committing your life to the boring repetitive bookkeeping that goes with it. The cloud is a game changer in this respect,” says RSM Bird Cameron Accountants Director of Business Solutions, Andrew Sykes.
F E AT U R E
To software engineers, these are beautiful algorithms that automate accounting. To SME owners, it’s a working time machine. “Clients are telling us of the time savings and streamlining they are experiencing in their business, but we see additional benefits as their advisors. We always have access to the latest version of their accounts and we can actually work with them on it at the same time. No disks back and forth, no need for backups so we can really spend our time as accountants focusing on the more important aspects of the accounting advice than handling data,” he said.
“Since switching to AccountRight Live, I haven’t looked back. The flexibility of being able to log in from home or work has made a huge difference to the way I do business.” Time savings Because bank statements are automatically matched up with invoices, expenses categorised and any credit card statements brought in, all that’s left to do quite often is manually allocate a few items. Typical business report reconciliations that took 50 minutes only take 5 after setting up on the cloud. Of those businesses most say they enjoy a little more family time, but others do use the extra time to do the important on the business rather than in the business thinking.
1 hour seminars – 6 things to know about the cloud in 60 minutes RSM Bird Cameron is holding free face to face introductions to accounting in the cloud. These are jargon-free easy to understand sessions providing advice to help SMEs decide if accounting in the cloud is right for them. Some of the benefits to SMEs • Take orders at a trade show that go directly into your system. • Tradesmen can issue invoices on site and track payment electronically. • See graphical views of your business’s finances – from a café lounge or hammock. • Never need to back up data to a thumb drive or disk. • Unshackle yourself from a single accounts computer. • Upgrades, updates all happen automatically. • Your data is secure and always at hand – on desktop, laptop, smartphone or tablet. Businesses that have made the switch “Since switching to AccountRight Live, I haven’t looked back. The flexibility of being able to log in from home or work has made a huge difference to the way I do business.” Karen des Bres, Automated Music Systems “Bank reconciliation in AccountRight last week took an hour, this week on AccountRight Live with bank feeds only 5 mins. It doesn’t get much better.” Debra Anderson, Legally BAS
“You can have people like MYOB Consultants, your bookkeepers, your accountant all logging into the one file and help you to run your business effectively.” Leanne Berry, The Numbers Game
MYOB Cloud Accounting Free introductory sessions over Wednesday 12 March, Thursday 13 March and Friday 14 March. To register, please contact: jodie.moore@rsmi.com.au or phone 02 6217 6317.
Tel: (02) 6217 0300 Lvl 1, 103 – 105 Northbourne Avenue www.rsmi.com.au
With RSM Bird Cameron you really are… Connected for Success.
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F E AT U R E
ACT Government and Chamber launch age-friendly awards
T
he inaugural ACT Age-friendly Awards are an initiative of the ACT Government and the ACT & Region Chamber of Commerce and Industry. The Awards are comprised of two categories: Age-friendly Employer Awards and Age-friendly Business Awards. The Age-friendly Employer Awards underline the importance of older workers and those employing them. Older workers form the fastest-growing segment of the Australian workforce. In recent years, as the country’s population has matured, employers have looked to develop age-friendly practices in recognition of this emerging group of workers and the contribution they can make. ACT Minister for Ageing, Shane Rattenbury MLA said: “Many employers in our region have been affected by skills shortages in recent years, which have in part been driven by the numbers of people retiring from the workforce”. “More and more employers are appreciating the benefits of engaging and retaining mature-aged workers, recognising the skills, values and knowledge they bring to the workplace.” “We are looking to commend employers who have shown an exemplary commitment to recruiting and retaining older workers and supporting the transition from work to retirement.” The Health Services Commissioner, Mary Durkin, is thrilled to be associated with this initiative and to be a sponsor of the Awards. 12
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“More and more employers are appreciating the benefits of engaging and retaining matureaged workers, recognising the skills, values and knowledge they bring to the workplace.” “As the Commissioner responsible for services for older people, I am delighted to see employers taking the opportunity to celebrate the contribution that older employees make to the workforce and community. Older employees play a diverse role, having an understanding of the needs of older consumers as well as providing intergenerational role modelling and mentoring. Recognition of older people in the workplace demonstrates that their wisdom and experience is respected and valued, and sends a positive message that older people have an active place in our community”, Ms Durkin said. The Age-friendly Business Awards recognise businesses that provide a service that is relevant, respectful and appropriate for older customers and has in place initiatives that benefit this target group such as appropriate advertising and communication, an accessible physical environment, and strategies for encouraging customer loyalty. Nominations for both Awards categories will be judged by a panel that includes representatives from business, community and government.
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Award winners will receive a package of prizes including a financial contribution towards annual membership of the ACT and Region Chamber of Commerce and professional development courses, an advertising package with B2B magazine, valued at $1200 (Age-friendly business award only), admission for four people to attend the ACT and Region Chamber of Commerce and Industry Annual dinner, recognition in local media and on the Chamber of Commerce website, the right to display the official Age-friendly Employer/Business Award Winner logos, and recognition in business advertising and marketing initiatives. Nominations will open on 3 March 2014 and close on 14 April 2014 with the winners announced and presented with their framed certificates and prizes at the annual ACT and Region Chamber of Commerce and Industry Annual Dinner on 21 May 2014. The Age-friendly Awards are proudly supported and sponsored by the ACT Government, the ACT & Region Chamber of Commerce & Industry, ACT Health Services Commisioner and B2B magazine. For more information please contact the ACT Office for Ageing: communitypolicy@act.gov.au or by telephone on 6207 6138 before 14 April 2014 or visit www. communityservices.act.gov.au/wac/ ageing/act-age-friendly-awards.
Age
friendlyAwards Nominations Now Open Enter to have your contribution recognised
Age-friendly Employer Age-friendly Business
Age-friendly Employer Awards Recognise the importance of older workers and those employing them in the ACT. Age-friendly Business Awards Commend ACT businesses that deliver excellence in customer service to older people. The Age-friendly Awards are proudly supported and sponsored by the ACT Government and ACT & Region Chamber of Commerce & Industry and B2B magazine.
Great prizes to be won Winners will be announced at the ACT Chamber’s Annual Dinner on 21 May 2014. For more information Contact the ACT OfďŹ ce for Ageing Telephone: 6207 6138 email: communitypolicy@act.gov.au web: www.communityservices.act.gov.au/ wac/ageing/act-age-friendly-awards
Nominations Close on 14 April 2014
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COVER STORY
Y R CAR STO R LEASING E V O SECRETS C E V UNLEASHED I R D E PayMe Drive M Y A P
PayMe Drive launches this month which will shake-up the way car novation is handled in Australia. In a light-hearted approach, the company’s special agents reveal some of the secrets to car leasing and salary packaging. “If you earn more than $40,000 per year, there are real benefits to be gained through car leasing. You won’t be stung by nasty fees and charges when you lease your car through PayMe Drive. “Our mission is to defend the nation against thoughts that leasing a car is difficult, and only for high income earners. “ Agent A Read more overleaf.
AGENT A Photos: Andrew Sikorski
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COVER STORY
SAVING MONEY ON CAR LEASING
“
Erase your memory of what you thought you knew about leasing. There’s an invasion coming right now! Don’t get left behind – talk to our special agents.
”
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Here’s how to save money on your car lease.
”
A. Save $5,000 on a $55,000 car because you don’t pay GST. B. Save on fuel by paying around 80 cents per litre. C. Save on maintenance by paying around $280 for a $500 service. D. The higher your income; the more you save.
AGENT I Comparison savings 2013 Volkswagen Golf VII TSI Comfortline Hatchback If you purchase this car by bank loan your total weekly cost will be $244 including running costs. However on an $80,000 salary, your total weekly cost will be $184. This is a weekly saving of $60 and an annual saving of $3,120.
2013 Land Rover Range Rover Sport L320 SDV6 Wagon If you purchase this car by bank loan your total weekly cost will be $604 including running costs. However on an $120,000 salary… your total weekly cost will be $520. This is a weekly saving of $84 and an annual saving of $4,368.
This represents general information only and is not made available for the purpose of rendering professional advice. It does not constitute and is not intended to be financial advice. You must not rely on this information to make a financial or investment decision. Before relying on any material contained in this article, readers should independently verify its accuracy, currency, completeness and relevance for their purposes and for their particular circumstances. 16
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Compared with buying this car outright, I’m saving more than $4,368 a year by leasing my new Range Rover.
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COVER STORY
CLIENT
AGENT M CLIENT AGENT C
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That’s what I’m talking about! Helping people! You don’t have to be a large income earner to lease the car you deserve.
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I am saving $60 a week, which puts another $3,120 a year back in my pocket.
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We have no ‘Setup Fees’. This saves you approximately $340 at the start of your lease.
”
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COVER STORY
AGENT M
AGENT C PayMe Drive’s mission “We protect and defend employees and employers from what they don’t know about car leasing and salary packaging. “ Agent I “There are secrets out there you should know about so you can drive a safe and reliable car and make the most from your salary. We are the best, last and the only line of defence to rid the nation of unwanted fees and charges when car leasing. Fasten your seat belts PayMe Drive is here to stay.” Agent M
PayMe uncovered… PayMe is an award-winning family-owned company with offices in Perth and Brisbane and its headquarters in Canberra. The company has won accolades for providing specialist payroll services to contractors throughout Australia and Papua New Guinea primarily in the information technology, administrative and oil and gas sectors. Last year, PayMe was selected as the Canberra BusinessPoint Business of the Year. PayMe CEO, Ian Lindgren says that the timing is right for the launch of PayMe Drive.
“Our company has built on its seven years of experience in providing payroll and salary packaging services to our clients including referrals to car leasing companies. Through PayMe Drive, we will now be able to provide cost-effective car leases directly to our clients and deliver a service better than any other car leasing company in Australia.” PayMe Drive will be headed up by Lindgren’s son and national leasing manager, Michael Lindgren. “Michael’s exceptional leadership skills drawn from the public sector combined with his business savvy will be used to maximum effect to drive this new business venture forward,” Ian Lindgren said.
Contact PayMe agents on 1800 082 006 or invade them @ www.payme.com.au Suite 6, 18 Napier Close, Deakin ACT 2600
PAYME AGENTS REVEALED Agent A: Anna Smith, Payroll Officer | Agent I: Ian Lindgren, CEO | Agent M: Michael Lindgren, National Leasing Manager | Agent C: Chris Lindgren, WA Branch Manager
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Getting a website can be daunting if you don’t have an IT background. The amount of choices available can be overwhelming and it’s hard to pick a winner out of the 02crowd. Often, people find themselves defaulting to the cheaper options – they seem, after all, simple enough for the layman to follow, so people think they know what they’re getting. The operative words in that sentence, in case you’re wondering, are ‘seem’ and ‘think’. Cheap website design is a thriving economy. However, what the cheap website creators don’t tell you is they’re providing you with a rental website. If you choose to terminate your affiliation with the company, they keep the site because the site has been built on a custom CMS which is not transferable. This can be damaging not just in terms of client loss, but also in the long run, as being effectively locked in with the web company means they don’t necessarily need to provide good service. Numerous web design companies are notorious in this regard — clients complain of charging for CMS errors, limited or restricted software, hidden costs, unresponsive design, delayed service to problems, inability to reach the staff, call centre nightmares…and the list goes on. The fact is you get what you pay for. Cheap website creators will rely on the fact that they effectively own the design of your site, to keep you coming back and paying the monthly fees. They use custom CMS (content management software) that means you have no access to the files and are restricted in terms of software function. Any bug fixes require extra fees and clients claim that fixes are often ineffective and slow to take place. In other words, the money you think you’re saving just becomes a whole string of extra costs and problems in the long run. Unlike the cheap website companies, CanberraWeb use an open source CMS to build websites. The sites are expandable and once built, belong solely to the client. They have a strong focus on client relations, liaising directly with their customers and developing a face-to-face relationship to ensure every detail is to their liking. CanberraWeb’s flexibility means you can sit down with their graphic designer to discuss your requirements or simply watch as they create the design before your eyes. This flexibility also extends to price – they will work within your budget and to your needs.
Call 02 6223 2222 or drop into their office for a chat at U5 47 Vicars Street Mitchell. canberraweb.com.au B 2 B M A G A Z I N E M A R C H 2 0 1 4
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ASIO is looking for talented people to fill a number of critical roles in the collection and analysis of intelligence. As an Intelligence Officer you will identify and investigate patterns and anomalies, solve complex problems and produce high-quality advice for government. You need to possess highly developed analytical and research skills, a keen intellect, flexibility and commitment. Applicants with qualifications across a range of disciplines, in particular international relations, law, science and counter-terrorism, or applicants with significant work experience across a range of industries will be highly regarded. Selected applicants will undergo an extensive security vetting process.
Apply online
www.asio.gov.au
To be eligible for this diverse and interesting role you must: ▶ be an Australian citizen ▶ hold a degree qualification in any discipline ▶ be willing and able to relocate to Canberra for the training period and thereafter any Australian capital city, including Canberra, for the duration of your career ▶ hold at least a Provisional Drivers Licence for a C Class Vehicle.
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ADVICE 22 22 23 23 25 25 27 27 29 29 30
ACCOUNTING Is your business PPSA compliant? by Mitchell Herrett, RSM Bird Cameron Chartered Accountants
BUSINESS LAW MOU versus legal contract? by Mark Love, Bradley Allen Love Lawyers
CORPORATE GOVERNANCE Is your board effective? by Phil Butler, Australian Institute of Company Directors
ESTATE PLANNING SMSF trustees: lessons for the blended family by Stephen Bourke, Certus Law
FAMILY LAW Child support – by agreement or assessment? by Sally McGuinness, Dobinson Davey Clifford Simpson Lawyers
HEALTH Skill-up your health by Robbie Manzano, Healthy Identity
INTELLECTUAL PROPERTY New privacy laws – are you prepared? by Shaun Creighton, Arete Group
ONLINE MARKETING Introduction to Google AdWords by Damian Schroeter, nFlame Creative
PROPERTY FINANCING Investment property financing by Peter Spooner, Loan Market
RECRUITMENT Unlock the hidden job market by Jim Roy, Hays Recruitment
WEBSITES 5 must-have productivity apps by Sam Gupta, Synapse Worldwide
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ACCOUNTING ACCOUNTING
by Mitchell by Mitchell HerrettHerrett
BUSINESS BUSINESS LAW LAW
Is your Is your business business PPSA PPSA compliant? compliant?
The Personal The Personal Properties Properties Securities Securities Act 2009 Act 2009 (PPSA) (PPSA) whichwhich camecame into force into force on 31on January 31 January 2014 2014 fundamentally fundamentally changes changes the way thesecurity way security interests interests in personal in personal property property are regulated are regulated acrossacross Australia. Australia. If yourIf your business business borrows borrows or lends or lends money; money; purchases purchases or sells orgoods sells goods on on agreement, agreement, assignment assignment or credit; or credit; growsgrows cropscrops or livestock; or livestock; ownsowns or leases or leases machinery machinery or vehicles, or vehicles, then then this Act thisaffects Act affects you. you. The legislation The legislation resulted resulted in theincreation the creation of anof online an online Personal Personal Property Property Securities Securities Register Register (PPSR) (PPSR) in which in which any holder any holder of a security of a security interest interest in in personal personal property property mustmust register register to ensure to ensure they have they have a priority a priority claimclaim to to that property. that property. Register Register your your personal personal property property interests interests FromFrom 1 February 1 February 2014,2014, security security interests interests that are thatplaced are placed on on the Personal the Personal Property Property Securities Securities Register Register will take will priority take priority over all over all unregistered unregistered security security interests. interests. In a worst-case In a worst-case scenario, scenario, failurefailure to register to register your your interest interest may result may result in property in property to which to which you hold you hold the title thebeing title being lost tolost another to another secured secured party.party. If youIfdo younot docomply not comply with with the requirements the requirements of theofPPSA the PPSA to register to register your your security security interest: interest: • Another • Another security security interest interest may take may priority. take priority. • Another • Another person person may acquire may acquire an interest an interest in theinpersonal the personal property property free free of your of your security security interest. interest. • Your • Your security security interest interest manymany not survive not survive the grantor's the grantor's insolvency. insolvency. How How do I register? do I register? You will Youneed will need a financing a financing statement statement with with the details the details of: of: • the • parties the parties to thetotransactions; the transactions; • collateral/assets; • collateral/assets; and and • type • type of security of security interest. interest. How How do I search do I search the PPSR the PPSR for a for security a security interest? interest? Visit www.ppsr.gov.au Visit www.ppsr.gov.au to find toout findhow out you howcan yousearch can search the PPSR the PPSR for for security security interests interests on cars, on boats, cars, boats, planesplanes or anyorother any other personal personal property. property. ThereThere are also areaalso number a number of specialist of specialist onlineonline searchsearch providers providers that can that can also search also search the PPSR the PPSR for you. for you. WhoWho doesdoes the PPSA the PPSA affect? affect? It is not It isonly not companies only companies and other and other commercial commercial entities entities that are that are affected affected by thebyAct. the Any Act. person Any person who has whobeen has been granted, granted, or who or may who in may in the future the future be granted, be granted, an interest an interest that constitutes that constitutes a security a security interest interest for for the purposes the purposes of theofPPSA the PPSA mustmust carefully carefully consider consider their their position. position. This This applies applies to all to arrangements all arrangements involving involving ROT, ROT, consignment, consignment, hire purchase hire purchase and leases, and leases, charges charges and liens. and liens. Am IAm at risk I atas risk a consumer? as a consumer? If youIfare youbuying are buying goodsgoods from from a business a business that does that does not ordinarily not ordinarily sell sell the goods the goods you are youbuying are buying and they and are theyvalued are valued at more at more than than $5,000, $5,000, you you should should searchsearch the PPSR the PPSR for any forexisting any existing security security interests interests by thebyname the name of of the vendor. the vendor. You should You should also conduct also conduct a PPSR a PPSR searchsearch to check to check for existing for existing security security interests interests on any onmotor any motor vehicle, vehicle, watercraft, watercraft, aircraft aircraft or other or other serial serial numbered numbered goodgood prior prior to purchasing to purchasing the good. the good.
by Mark by Mark Love Love
MOU MOU versus versus legallegal contract? contract?
A memorandum A memorandum of understanding of understanding (MOU) (MOU) can be can a useful be a useful mechanism mechanism to facilitate to facilitate a comforting a comforting commitment commitment between between two two parties parties to either to either informally informally agree,agree, or to or agree to agree to negotiate to negotiate an agreement. an agreement. WhileWhile for some for some this may this inspire may inspire confidence confidence and assist and assist in speeding in speeding up up negotiations, negotiations, for others, for others, in light in of light theofsupposedly the supposedly non-binding non-binding legal legal nature nature of such of such agreements, agreements, the MOU the MOU is nothing is nothing moremore than than a benchmark a benchmark against against whichwhich futurefuture drafting drafting of a formal of a formal contract contract can be can measured. be measured. OftenOften MOUs MOUs are employed are employed by government by government agencies agencies in their in their interdepartmental interdepartmental dealings dealings as, generally, as, generally, two different two different arms arms of theofsame the same legal legal entityentity are unable are unable to contract. to contract. MOUs MOUs allowallow agencies agencies to clarify to clarify roles roles and responsibilities and responsibilities and manage and manage expectations expectations in joint in joint projects. projects. For the Forprivate the private sector, sector, it mayit be may appropriate be appropriate for parties for parties to enter to enter into into an MOU an MOU wherewhere a development a development project project is unusually is unusually complex complex and the and the detaildetail is undetermined. is undetermined. In those In those circumstances circumstances the MOU the MOU might,might, for for example, example, outline outline the commercial the commercial intentintent of theofparties the parties or theorframework the framework for the fortransaction. the transaction. In considering In considering the implementation the implementation of anof MOU an MOU during during negotiations, negotiations, parties parties should should address address whether whether they intend they intend the document the document to impose to impose legallylegally binding binding obligations. obligations. If such If such an intention an intention is required, is required, an agreement an agreement or deed or deed may be may better be better suitedsuited to protecting to protecting the parties the parties and avoiding and avoiding duplication duplication of work, of work, otherwise otherwise the MOU the MOU should should specifically specifically state state it is non-binding it is non-binding or state or state whichwhich clauses clauses are intended are intended to beto binding be binding (confidentiality, (confidentiality, exclusive exclusive dealings). dealings). Common Common law has lawtended has tended to construe to construe MOUs MOUs as non-binding. as non-binding. Occasionally Occasionally a presumption a presumption of intention of intention will will applyapply if intention if intention is unclear, is unclear, termsterms are clear are clear and consideration and consideration is present. is present. If dueIfdiligence due diligence is being is being conducted conducted prior prior to thetosigning the signing of anyof any contract, contract, an important an important consideration consideration is confidentiality. is confidentiality. Whether Whether non- nondisclosure disclosure assurances assurances are effected are effected as a binding as a binding clauseclause in an in MOU an MOU or or choosing choosing to enter to enter into ainto Non-Disclosure a Non-Disclosure Agreement, Agreement, the significance the significance of of confidentially confidentially regardless regardless of theofoutcome the outcome is paramount. is paramount. If theIfparties the parties are are after after a quick a quick turnaround turnaround in documents in documents to achieve to achieve confidentiality confidentiality (even(even if other if other ‘in principle ‘in principle terms’terms’ have have been been agreed) agreed) a template a template non-disclosure non-disclosure agreement agreement will probably will probably suffice suffice with with the ‘inthe principle ‘in principle terms’terms’ best left bestfor left for the formal the formal agreement agreement or deed. or deed. ThereThere are noare‘template’ no ‘template’ MOUs MOUs as each as each deal will dealbewill different. be different. MOUs MOUs are absolutely are absolutely appropriate appropriate in some in some circumstances circumstances but they but they shouldn’t shouldn’t be used be used as theasautomatic the automatic first step first in step a new in a deal. new deal. To consider: To consider: Are you Arebetter you better off pausing off pausing whilewhile the formal, the formal, legallylegally binding binding (and confidential) (and confidential) contract contract is drafted is drafted whichwhich has the hascapability the capability to protect to protect both both parties parties versusversus the potential the potential uncertainty uncertainty of whether of whether an MOU an MOU is binding? is binding? Or will Oranwill ‘intentionally an ‘intentionally ambivalent’ ambivalent’ preliminary preliminary agreement agreement conveniently conveniently provide provide you with you with the flexibility the flexibility to opt-in to opt-in or or 1 1 opt-out opt-out prior prior to thetoformalisation the formalisation of a contract of a contract 1 1 Arthur, Arthur, John, ‘Contract John, ‘Contract Law – Avoiding Law – Avoiding Legal Risk Legal With RiskMOUs With MOUs & Heads & Heads of Agreement’, of Agreement’, Professional Professional Development Development Young Young Lawyers Lawyers LectureLecture Series 2011 Series(18 2011 October (18 October 2011) available 2011) available at at http://www.gordonandjackson.com.au/uploads//documents/articles/Arthur_-_YL_Contract_ http://www.gordonandjackson.com.au/uploads//documents/articles/Arthur_-_YL_Contract_ Law_-_Avoiding_Legal_Risks_with_MoUs___heads_of_Agreement.pdf, Law_-_Avoiding_Legal_Risks_with_MoUs___heads_of_Agreement.pdf, p. 2. p. 2.
BirdBird Cameron Cameron
Chartered Chartered Accountants Accountants
If you would If you would like some like guidance some guidance or advice or advice on thison subject this subject pleaseplease contact contact Mitchell Mitchell HerrettHerrett at RSMatBird RSMCameron Bird Cameron on 6217 on0346 6217or 0346 mitchell.herrett@rsmi.com.au or mitchell.herrett@rsmi.com.au
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9th Floor, 9th Canberra Floor, Canberra House,House, 40 Marcus 40 Marcus ClarkeClarke Street,Street, Canberra Canberra ACT 2601 ACT 2601 Tel 02 Tel 6274020905 6274|0905 www.bradleyallenlove.com.au | www.bradleyallenlove.com.au
CORPORATE GOVERNANCE
by Phil Butler
Is your board effective?
Whether you are a Director, Chair, or reporting to the board of an organisation, one of the questions you may consider is how effective is your board in helping the organisation achieve its objectives. Many a discussion is had around the coffee station or water cooler about how effective the executive team is in dealing with the big strategic issues or how well the board understands the intricacies of the business. Regular readers of this column will know of the importance of good governance, not just for governance sake, but because it assists the organisation in achieving its purpose. Whether the organisation is in the private, public or not-for-profit sectors, its governance should be firmly focused on achieving the purpose of the entity. Similarly, the governing body of the organisation should be measuring the effectiveness not just of the organisation itself, but also how it (the board) assists in this process. In recent years, greater focus has been placed on the performance and behaviours of boards. Whether they be informal questionnaires or formal board evaluations, this review process shines a light on the effectiveness of the board or committee while also potentially evaluating the effectiveness of individual directors or committee members. Such reviews are also highly efficient ways of determining succession planning. With this in mind, Company Directors has recently introduced a new “Governance Analysis Tool” which assists boards to understand its existing governance standards via an online self assessment process. The tool is an adaptation of the comprehensive Corporate Governance Framework. This Governance Analysis Tool is not designed to replace the formal external board evaluation undertaken by many boards every few years. Rather, it is a tool designed to be a practical, “guided” selfassessment tool, which is non- threatening and user friendly. It is important to recognise that boards, like other work groups, regularly evolve as new members join and external factors affect the organisation. Similarly, the election of a new chair or the appointment of a new CEO can be major catalysts for change. These changes often affect the dynamics of the board and while unsettling, it can be a perfect opportunity to review the performance of the board and set the scene for its future direction. The Governance Analysis Tool is a safe and systematic tool for boards to utilise in these circumstances. While in its early days, the Governance Analysis Tool is another initiative of Company Directors which is designed to improve the quality of Corporate Governance in Australia. For more information, log onto companydirectors.com.au or phone us on 02 6132 3200
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
ESTATE PLANNING
by Stephen Bourke
SMSF trustees: lessons for the blended family
In Wooster v Morris [2013] VSC 594 (1 November 2013), the trustees tried to say that a binding death benefit nomination or BDBN did not bind them. They had to pay the death benefits and the cost of the court proceedings which came out of the remaining member’s account. The family in this case was a blended family. The deceased had two daughters from his first marriage and he made a BDBN in their favour. His second wife was the surviving trustee. She sought legal advice about the BDBN and was told it did not meet all the requirements of the deed because it was not served properly after it was made. The SMSF had a total amount to pay members of $1,376,157 with the deceased’s interest totalling $924,509 and the interest of the second wife totalling $451,648. The trustee determined to accept the advice of the defect in the making of the BDBN and concluded that it was not binding. The trustee then paid the death benefit to the second wife and of course she was the sole director of the trustee company. As the dispute proceeded, the trustee eventually conceded that the BDBN was binding and the death benefit should therefore be paid to the two daughters of the deceased. However, it seems that the first payment to the two daughters was an amount of $600,665 and the accountant was heavily criticised for the preparation of accounts. So the court ordered that the trustees pay the balance of $323,845. But the two daughters of the first marriage seemed to be a bit cranky at this point. They claimed interest on the amounts outstanding at the penalty interest rate. The second wife as trustee said they have had the money invested in the SMSF and have the taxation benefits so penalty interest should not apply. The court said that because the second wife had resisted and defended the proceedings, penalty interest should apply. And the two daughters of the first marriage went further. They claimed costs of the litigation should be paid personally by the second wife. The court made the point that the second wife’s role was not that of an objective and dispassionate trustee. In a SMSF, if the second wife exercised her trusteeship power, she would personally benefit. To quote the judge: The paramount duty of a trustee is to ‘exercise [its] powers in the best interests of the present and future beneficiaries of the trust, holding the scales impartially between different classes of beneficiaries’. This case is a salutary lesson. Trustees of a SMSF have a responsibility as trustees and must act impartially. And blended families raise particular issues because alliances may form against new entrants into the family group. Bitterness and acrimony can be the result played out in very expensive litigation.
Certus Law specialises in superannuation, trusts and estate planning. Visit Certus Law at Level 5, 28 University Avenue, T: 6268 9090, www.certuslaw.com.au
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WS NHC0075/b b2b
The
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If you’re putting off seeking health advice, take the first step in facing your fear and call healthdirect Australia on 1800 022 222 to speak to a registered nurse 24/7. For more information visit www.healthdirect.gov.au
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HEALTH
FAMILY LAW
by Sally McGuinness
Child support – by agreement or assessment?
For separated parents the child support system can be a mine-field to navigate but there are options available to those who wish to move away from the inflexible assessment scheme and enter into a private agreement. From 1 July 2008, separated parents have had the option of entering into two types of child support agreements – binding child support agreements and limited child support agreements. By doing so, they can, in part, move away from the assessment scheme based on the child support formula and avoid navigating the system, in some cases for many years. An increasing number of separated parents are choosing to enter into child support agreements to opt for certainty over uncertainty in this complex and ever-changing area of the law. Parents should, however, be aware that a properly drafted agreement can have serious and long term financial implications for them and their children and it is important to obtain specialist advice to ensure that the document being entered into will achieve the outcome intended. The terms of a child support agreement can also impact on family tax benefits payable to parents. Binding child support agreements require a number of formal requirements to be met (in their drafting) and due to the seriousness of their binding nature, require both parents to obtain independent legal advice prior to entering into them. A binding child support agreement can remain in place until a child reaches the age of 18 years (or longer) and can only be set aside in exceptional circumstances if drafted properly. For those parents who do not wish to commit to a long term “binding” agreement, a limited child support agreement provides certainty (with more flexibility) and can apply for a shorter period of time (three years before either party can apply to have it terminated, or in other limited circumstances). It also does not carry with it the independent legal advice requirement. One of the main differences between the two types of agreements is that there must be an administrative assessment in place to enter into a limited child support agreement. Separation and divorce can impact significantly on a parent’s financial circumstances and the issue of child support should be considered at the time of negotiating an overall property settlement with a former spouse. It may be that both parties agree to be creative and consider options such as one parent “trading-off” ongoing child support obligations (or part of them) in lieu of agreeing to a more generous up-front property settlement in favour of the other parent. In this context, a child support agreement can be drafted as part of a “suite” of documents formalising a property settlement. If you would like further information or advice about your options please contact us.
Sally McGuinness, Senior Associate 18 Kendall Lane, New Acton Canberra City ACT 2601 T: (02) 6212 7600 E: mail@ddcsfamilylawyers.com.au www.ddcsfamilylawyers.com.au
By Robbie Manzano by
Skill-up your health
For many, being an Olympian is merely a dream and getting close to the sporting world stage is another lifetime away. With the Winter Olympic Games showcasing the best athletes in the world, we have no choice but to admire the journey that got them there. When it comes to health we can learn from the best athletes in the world. That triple-axle in the figure-skating or the double-back flip in the snowboarding half pipe does not happen overnight. Hours-upon-hours have been dedicated to master the various skills to compete at the highest level. In regards to healthy living, ‘health’ is a skill and needs to be practised and practised every day. Below are three vital points to help reach a healthier you. 1. Have a game plan Before you do anything have a game plan. Plan what you are doing this week, plan what you are doing this month and list what you want to achieve this year. If the gym work is part of your healthy practice, be sure to purchase a gym membership. If tennis is what you want to do to lose weight, sign up for a weekly tennis class. If you want to eat healthier food at home, clean your cupboard and only buy healthy food for the household. It doesn’t matter what activity you pursue, putting structures in place will help you to facilitate regular health practice. 2. Remember to KISS - Keep It Simple Stupid Do the basics right and keep it simple stupid. Exercise at least 30-minutes a day, load up on vegetables and limit your calorie and fat intake. The trick is to make sure this practice is regular and if you happen to have one of those days where balance is towards the unhealthy, be sure to get back to the game plan the following day. 3. Perfect practice makes perfect If we treat our heath as a sport or a game and maximising our health is what we want, we are well on our way to achieving this result. Understanding our bodies and learning how to manage our lifestyle is the key to maintain and maximise our health. Practice and pushing to do things better is a characteristic all Olympians have in common. So take a leaf out of our greatest sporting athletes’ books and master your health. Along with our health partners, Healthy Identity is a community health brand to help you and your network achieve greater health. If you are looking to seek advice or need to access personal health services please email robbie.manzano@healthyidentity.com.au or call Robbie on 0423 366 014.
Robbie Manzano is founder and managing director of Healthy Identity. Robbie has degrees in Human Nutrition and Coaching Science from the University of Canberra and has completed a Graduate Certificate Public Health from Curtin University. robbie.manzano@healthyidentity.com.au 0423 366 014
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5. Our property inspection reports are thoroughly completed and supported by photographic evidence of the inspection’s assessment. These reports and photos are available to you on our website. 6. Flexible property income options allow you to decide when and how your rental income will be paid to you. 7. Direct debit arrangements take care of your tenants' payments and minimise rental arrears. 8. Our dedicated management team ensure that each property and tenant receives maximum attention which gives you the freedom of continuous leasing. 9. Tenants can apply quickly for your property on-line with easy, no-fuss applications.
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10.Our complete property management coverage and advice means that you can invest with confidence in the Canberra market. If you would like all the benefits of a tailor-made, property management consultation and assessment, call Sue Maloney today.
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“The Griffin” Giles St, Kingston Phone 6232 0100 www.maloneys.com.au Canberra’s Property Shop Pty Ltd. T/A Maloney’s Lic Agent
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1. We are a company that is big enough to be systemised, organised, structured and well resourced, however, small enough to care about all their clients. 2. Our website has a major focus on property management* and is a very powerful and time saving tool for both you, and your tenants. 3. Exclusive on-line portal provides investors with convenient 24/7 access to all your properties details. This service gives you the technological edge, and the peace of mind that everything, including ledgers are in order. 4. We contract only professional photographers to deliver better representations of your property that are showcased on a range of marketing media to maximise your returns.
INTELLECTUAL PROPERTY
by Shaun Creighton
New privacy laws – are you prepared?
New changes to the Privacy Act 1988 (Privacy Act) come into effect in March this year. These changes may create new obligations for you, especially if your business (including not for profit organisations): • has an annual turnover of more than $3 million • is a health service provider • buys and sells mailing lists • provides services under a Commonwealth contract; or • operates a residential tenancy database. What are the privacy law changes? The new changes to the Privacy Act have come about due to the Privacy Amendment (Enhancing Privacy Protection) Act 2012. The key changes are: 1. the introduction of new data privacy laws and thirteen new Australian Privacy Principles (APPs) 2. greater powers of the Australian Information Commissioner 3. new laws on codes of practice about information privacy (APP codes). What does it mean for you? Several APPs are significantly different from the existing National Privacy Principles (NPPs) and create new obligations for businesses in terms of how they collect, use, disclose and store personal information about individuals, especially if they engage in direct marketing or transfer their customers’ information off-shore. Importantly, the new APPs change the information that businesses must provide to their customers in privacy disclaimers, privacy policies and privacy statements. Penalties for serious or repeated breaches of the APPs include fines of up to $1.7 million for agencies and companies and $340,000 for individuals. A new mandatory credit reporting privacy code (the CR code) developed by the Australian Retail Credit Association under the new Privacy Laws also takes effect from 12 March 2014. The CR code is registered with the Office of the Australian Information Commissioner and binds all credit reporting bodies, credit providers and affected information recipients. Are your privacy documents up to date? In light of the imminent changes to privacy laws, now would be a good time for businesses to update their privacy documentation, including privacy policies, privacy disclaimers and privacy provisions in contracts (especially contracts which involve cloud computing). To ensure compliance with the new APPs, such reviews and updates should be conducted prior to 12 March 2014. ARETE Group has lawyers with expertise in privacy law. We would be pleased to assist with any privacy advice or services. Call us on 02 6162 1639, visit us at www.aretegroup.com.au , or email our privacy expert, Margaret Grant, at Margaret.Grant@aretegroup.com.au
P: GPO Box 579, Canberra ACT 2601 E: shaun.creighton@aretegroup.com.au shaun.creighton@aretegroup.com.au T: 02 6162 1639 | M: 0430 22 78 62 W: www.aretegroup.com.au or www.asportslaw.com.au
ONLINE MARKETING
by Damian Schroeter
Introduction to Google AdWords
A few weeks ago I addressed an audience of Canberra business owners on behalf of Google as part of the Australia Post Business Hub eCommerce event; Go Online & Grow Online. The event highlighted opportunities available right here in Canberra, for local businesses to achieve sales objectives online. Following a brief introduction to Google AdWords Search Advertising I responded to questions about the importance of getting online and how to integrate digital marketing with an existing strategy of traditional media including print, TV, and radio. It got me thinking, this information is important for all business owners, not just those in attendance on that particular day, so now I am writing this advice column in B2B Magazine. Before I begin, please understand that I do not work for Google; I am a certified Google Partner and I work for you, businesses owners wanting to reach and reward customers online. I manage accounts across all advertising mediums, and for this article will be discussing the digital marketing space in particular. What is Google AdWords? When people search for your products in Google, they are shown a list of web pages related to their search query along with ads from the Google Search and Display Networks. Your ads compete in an auction and the best performing ads are rewarded with a higher position in the list of ads. People may click on your ads and continue through to your web page for a nominated price per click (PPC). You set a daily budget for your campaigns and once the budget is consumed for the day, your ads stop displaying until the following day. As an agency, we help you establish advertising objectives and manage your Google AdWords account to deliver positive results. When your account is managed properly, you can actually pay less than your competitors to appear higher in the list. Important Information about the Google Search Network: 1. Your ads ONLY show to people who are actively seeking your products and services. 2. You ONLY pay when someone “clicks” on your ad. Google does not charge to display your ads in search results. 3. You set your own advertising budget. Call us today to set up your new Google AdWords account and receive $100 FREE advertising credit (applied to your account once you invest your first $25).
Damian Schroeter is the director of design and advertising & Google partner at nFlame Creative. Consultation by appointment only: Phone: 02 6249 8694 or b2b@nflame.com.au www.nflame.com.au/AdWords
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PROPERTY FINANCING
by Peter Spooner
Investment property financing
Based on recent trends and commentary, it would appear that the Canberra residential property investment market short to possibly midterm prospects for solid capital growth and ‘secure’ positive investment return on new purchases are not particularly bright. In my view, even though interest rates are very attractive at the present time and continue to attract buyers, the combination of the large number of recently completed apartment complexes and current instability in the public service sector are clearly having a negative impact on the residential property investment market. That’s not to say that there are not ‘good’ buys on the market. For example, ‘good’ buys appear to be increasingly arising in the apartment sector where some current owners are attracting buyers to their property by pricing at or below the original purchase price paid and walking away from the purchase stamp duty and other completion costs they incurred. While this is unfortunate for the vendor, with the right financing structure, a buyer has the opportunity to secure a sound investment – after all, the Australian housing shortage problem has not gone away and other factors currently influencing the market are likely to revert to historic trends over time. Against this background, my recommendation to potential investors during this period is to exercise a higher level of financing due diligence than perhaps they might have applied a couple of years ago in rising market conditions. Utilising a mature, experienced mortgage finance broker will almost certainly add value to this process. Most mortgage brokers have tools available to them or have developed their own over time that can illustrate different approaches to financing a purchase, what costs will be experienced and model estimated mortgage repayments as a basis for calculating projected investment returns. As an example, a key element in determining loan establishment costs continues to be lenders mortgage insurance, if applicable, and how it is treated when the loan is finalised. Lenders mortgage insurance premiums have increased substantially (one could cynically suggest proportionate to or greater than the now eliminated deferred establishment fees) and once paid or capitalised are not portable to a different lender. Further, different lenders apply different treatments of lenders mortgage insurance premiums. A mortgage broker can model these for the potential investor and work through the options. Want to know more? Want to discuss loan structures and options for effective investment property or owner occupied financing? Peter Spooner is a qualified and highly experienced residential property financing specialist. He has access to over 800 loan products from a panel of 30 lenders (including all of the major banks) plus reach-back to over 500 Loan Market associates when formulating solutions for his clients. Peter does not charge a fee-for-service.
Australian Credit Licence 390222
To gain further information into the Loan Market go to www.loanmarket or to book an appointment please call Peter on 0400 281 398 or email him at Peter.Spooner@loanmarket.com.au
RECRUITMENT
by Jim Roy
Unlock the hidden job market
There’s little doubt the last six months have been a fascinating and challenging time in the Canberra recruitment market. Whilst conditions in the market have been better, there are still plenty of opportunities if you know how to find them. The hidden job market is very active in Australia and there are many vacant positions that are never advertised. These roles are often filled through informal or formal networks. The statistics vary, but the consensus suggests that at least 50 per cent of jobs aren’t advertised. Given the tightness of networks in Canberra, I would suspect that that this figure is even higher. Networking will help you access the hidden jobs market, but to be effective your networking should cover more than simply adding new LinkedIn connections. It means staying in touch with your contacts and one of the best ways to do this is to share relevant and engaging content. You should also inform your connections about when you are job hunting and ask if they know anyone who you could talk to about potential job opportunities. In addition, we recommend joining an industry association or professional group and attending functions or seminars. Of course, partnering with a recruiting expert is key to accessing hidden opportunities. As not all vacancies are advertised, our proactive consultants will regularly find out about available roles for you through our networks. Having access to this information will open new doors. Recruiters invest many hours in calling local employers to find the best jobs. They can tell you which organisations are hiring and where the jobs are as well as how to navigate the ever-changing application and assessment process. Your recruitment consultant will become your advocate with employers and will promote your strengths and expertise. It is a recruitment consultant’s job to find the best person for each role. But even if one initial role is not right for you, recruitment consultants that know you will remember you when other relevant roles come along. Stay in touch with recruitment consultants you have had positive dealings with. Even when you are in a job, it pays to keep your valuable contacts fresh. With these steps you will be in a much stronger position to tap into the hidden job market during your next job search. For more information, please contact me on 6112 7663 jim.roy@hays.com.au I http://www.linkedin.com/in/jimroyhays
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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WEBSITES
by Sam Gupta
5 must-have productivity apps
Nearly every small business owner can benefit from using various mobile and web applications to improve productivity, save costs and make life easy for themselves. Try out the following apps to make a difference in your business today. Most of these apps are free to use with limited features, so you can try before you buy. File sharing and storage Dropbox, Copy and Hightail are excellent cloud storage and file sharing facilities. Files are securely accessible from any device. It’s a great way to keep a backup of files on the cloud. ‘Copy’ and ‘Hightail’ offer similar product at a better price, but try them out and see which ones you like. Bookmarking and notekeepers Evernote is a clean, beautiful note-keeping app and a great way to share know-how within any organisation. It allows users to share ideas and create to-dos list etc. The best thing about Evernote is that it allows you to keep personal and business notes separate but you only have to go to one app for everything. Pocket is another brilliant bookmarking app. Whenever you find a great article, video or image, use this app to keep it on file and access from anywhere. Projects/task management Trello is a very simple and easy to use app. You can create projects/ boards, set deadlines, gather ideas and opinions, assign tasks, track progress, maintain history and collaborate with other team members. Give it a go, it’s good. Infographics Infographics have become a popular way to tell a story. It’s a great way to illustrate complex pieces of information. A well designed infographic can gain popularity much faster than an article. Using interesting infographics, you can tell a story or make an argument. It is easy to get user’s attention, it’s quick to read through and users are more likely to share it. Try Visual.ly, Easel.ly or infogr.am. Newsfeed readers In today’s world, every business person needs to keep themselves up to date with the latest news and trends in the industry. THere are the two apps that can help you organise the information beautifully; Flipboard and Feedly. You can search and subscribe to magazines of your interest and your own social media feeds. Personally, I love using Flipboard, my day starts with this, but its only available on tablet and mobile devices. Feedly on the other hand can be accessed via desktop also. If you are looking to improve your productivity and reduce costs, try our free 1 hour consultation to get started.
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EDITORIAL@B2BINCANBERRA.COM.AU 0R 6161 2751
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MINISTER’S MESSAGE
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Canberra recognised for innovation
C
anberra’s business sector is known for its innovation and so it is no surprise that several of our success stories have received national and international attention recently. It was announced in January that Canberra-based company Lithicon had been sold to US company FEI for $AU76 million. Lithicon, a world-leading digital imaging and analysis company, was a result of the integration of Digitalcore and Norwegian company Numerical Rocks in 2013. The sale is a great success story for innovation
Given Canberra is facing some tough economic circumstances caused by the Commonwealth’s contraction in spending and employment, it is vital that we continue to provide support to our private sector. in the ACT. Importantly, the acquisition will see Lithicon’s research and development footprint increase in the Territory as the research relationship with ANU continues to expand. The ACT Government’s ongoing support for innovation and start-up companies is paying dividends and it is outcomes like this that drive the diversification of the Territory’s economic development base. The equity investments that have been made in Lithicon by both the Canberra Business Development Fund and ANU Connect Ventures will also deliver a significant direct financial return to our economy. The sale also represents a significant achievement and opportunity for the ANU, which has signed a licensing and development agreement with FEI to use the hardware and software technology developed by the ANU. It is innovative technologies like this that will continue to be a key business driver in the ACT economy. Which is why it was also no surprise when it was revealed that the Super Bowl champions, the Seattle Seahawks, can attribute part of their victory to Canberra technology. Canberra-born company GPSports specialises in GPS devices that monitor speed, distance, heart
rates and predict risk of injury. GPSports technology was used by the Seattle team during the Super Bowl. The Fyshwick-based company also provide GPS tracking for a number of other teams including the Brumbies and Barcelona FC. Both Lithicon and GPSport demonstrate Canberra’s has unique offerings: world-class research and educational institutions, a well connected and collaborative business community, and a workforce that is the best educated in the country. In our tourism sector, another innovative Canberra campaign has also received success recently. The Human Brochure won the prestigious Australian Tourism Award for Destination Marketing at the 2014 Qantas Australian Tourism Awards. The Human Brochure was a world first tourism advocacy campaign that brought 500 social media savvy people to Canberra for a free weekend to sample the region’s tourism offerings and share their experiences via social media. Consumer research consistently shows that negative perceptions about Canberra are a significant barrier to people visiting the ACT, but that people who do visit have such perceptions overturned. The Human Brochure ultimately let the destination and its tourism products speak for themselves. With support from more than 60 partners from the tourism industry, the Human Brochure was an outstanding success – providing a unique platform to challenge perceptions and change the way Australians think about their national capital. Given Canberra is facing some tough economic circumstances caused by the Commonwealth’s contraction in spending and employment, it is vital that we continue to provide support to our private sector. These three innovative ventures do a fantastic job of selling Canberra and what it has to offer. I am proud to be able to celebrate the successes of innovative businesses and industry initiatives that exist in our city.
ANDREW BARR
ACT DEPUTY CHIEF MINISTER TREASURER MINISTER FOR ECONOMIC DEVELOPMENT
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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
The right building in the right place CHRIS FA U L K S
CEO CANBERRA BUSINESS COUNCIL
CANBE RR A BUSINESS COUNCIL AFFILIATED WITH
Principal Members ACTEW Water, BluePackets Brookfield Johnson Controls, Canberra International Airport, CanPrint Communications Pty Limited, Cantlie, Cre8ive, Custom Security Services, Elite Sound & Lighting, Ernst & Young, eWAY, Hindmarsh, ISIS, KPMG, Master Builders Association (ACT), National Australia Bank Limited, PricewaterhouseCoopers, Staging Connections (ACT), The Village Building Co, Toshiba (Australia) Pty Limited, TransACT Communications, Westpac Banking Corporation 32
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anberra Business Council partnered with representatives of Canberra’s major industry groups involved in the property and construction industry (MBA, Property Council Aust ACT, Consult Australia and the Planning Institute of Australia ACT) to present a joint industry submission titled ‘Call to Action’ to the ACT Government. Beyond both the Commonwealth and ACT Governments, the property, building and construction sector is the biggest private sector employer in the ACT. Together, the joint industry group believes that to underpin a future ACT economy, particularly in light of the recent slowingdown in activity and concerns over the possible impacts of the Federal Commission of Audit, it’s critical that confidence is provided to enable the private sector to contribute to the Territory’s well being. The ACT has enjoyed a long period of solid activity but it also needs to be recognised that the world and Australia has shifted dramatically in the last five or six years, particularly with the onset of the Global Financial Crisis in 2008. The joint industry group’s view is that a number of factors are mitigating against the full economic contribution able to be made by the property and construction industry, and this is to the detriment of both business and the broader community. The joint industry group believes that government has a significant role in creating the right policy environment for productivity and prosperity to flourish. The Call to Action submission sets out the broad policy settings – positive drivers and active enablers – that are considered essential to achieving Canberra’s full potential while future-proofing the economy. The paper outlines a broad ‘Business Agenda’ as well as the ‘Property Investor/Builder Journey’ – highlighting longstanding issues that require urgent attention.
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Our key messages include calling for: • A fiscal framework that diversifies revenue, caters for a positive tax mix, facilitates investment and supports essential and new services. • An investment environment which is positive and progressive. • Strategic city planning that is articulated through a shared vision, is integrated with broader productivity objectives and drives public urban infrastructure. • A land acquisition and release program that is rational and underpins property development and construction, community need and demographic demand. • A productive public sector which efficiently delivers quality services. • Zero tolerance to unnecessary and burdensome red tape. • A logical and practical regulatory framework to assure best practice. • An educated capable workforce with the right skills and experience to match an enterprising economy. Fundamental to good outcomes is making sure that government’s policy settings are correct and have buy-in from key industry and community groups. Industry has prepared this submission to assist the ACT Government to implement its vision for Canberra and the Territory. Our intention is to advance the dialogue with the ACT Government, to highlight the issues currently impacting on our industries to prevent us from achieving the Government’s vision, and to provide targeted recommendations.
A S S O C I AT I O N S T O B U S I N E S S
A2B
Take your business global
T
he New Year is a time of renewal and new beginning. I recently joined the Canberra Business Council as the Export Development Manager/ACT Exporters Network Manager. Prior to joining the Council, I worked as a Business Development Manager at Austrade Jakarta for 12 years. During my time with Austrade, I assisted many Australian companies grow their export business in various sectors ranging from agribusiness, food and beverage, consumer, ICT, financial services, professional and business services, mining, oil and gas and advanced manufacturing. Have you ever considered exporting as part of your business strategy for 2014? Perhaps it‘s now time to consider how exporting may benefit your company in the long run. The first step that you need to take is to assess whether your business is export-ready. There are several tools available online to determine whether your business is ready for exporting. One of the tools available is Austrade’s International Readiness Indicator (available at http://www.austrade.gov.au/ InternationalReadiness). The indicator consists of 12 simple questions and will take less than 5 minutes to complete. Once you have assessed your company’s readiness to export, the next step is to develop an export strategy. The following guidelines should provide you with some practical steps to get you started with your export strategy. 1. Look inside your company Analyse your company’s operations and growth aspirations. Take into account your competitive position and highlight your strengths and unique selling propositions. Assess your strengths in terms of product, service, staff, distribution and technical service. 2. The export environment Assess the factors that will impact on your export plans. Do you have international expertise in the company? Are you aware of export markets where your products have been sold previously? In this section, undertake the bulk of your market research and market selection activities. These will include market analysis, ranking market attractiveness, assessing competition, understanding export market environments, distribution and logistics.
3. Product and service offerings What modifications will you need to make to your product or service to satisfy overseas buyers? What packaging, labelling and presentational modifications are required? 4. Prepare a strength, weaknesses, opportunities and threats analysis A standard SWOT analysis will enable you to segregate the key factors for further work and to help shape your priorities in terms of markets, pricing and competitive factors. More specific SWOT work will be needed in the export plan. 5. Needs assessment or ‘how will we succeed’ Determine the ‘must do’ factors which will underwrite your success. These could include product modifications, financial resources, distribution and developing the final marketingmodel. 6. Creating the export plan Your export plan will flow from the export strategy structure outlined. It should include target setting, market entry strategies and financial management including your export pricing model. Marketing decisions on a distribution model will be required (distributor, agent, representative office, after sales service). 7. Implementation and monitoring Instigate the export plan, drive its implementation, regularly review and adjust strategy as market circumstances change. An export strategy is just the initial stage of the export journey. There are several things that you would need to do next, including conducting some form of market research on your target market, preparing your export marketing, determining your export pricing, visiting your target market, understanding your risks, secure financing for your export business, deciding on the market entry method and understanding other aspects of exporting such as freight/logistics, legal issues and payment. The journey to export is to not a short one, but if done correctly, it can be very rewarding. I am here to help. Please contact me on: (02) 6247 4199 larry.fisher@canberrabusinesscouncil.com.au
LARRY FISHER
MANAGER ACT EXPORTERS’ NETWORK
For more information on the ACT Exporters’ Network visit actexportersnetwork.com.au or call 02 6247 4199 The ACT Exporters’ Network is proudly sponsored by the ACT Government, Canberra Business Council, the Centre for Customs & Excise Studies and AusIndustry.
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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
Federal Budget countdown ANDREW BLYTH
CEO, CHAMBER OF COMMERCE & INDUSTRY
Corporate Sponsors ActewAGL TransACT The Canberra Times The Good Guys Tuggeranong Synapse Chamber Networks Women in Business Young Business Network Business after Business Foundation Member Australian Chamber of Commerce & Industry
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s we swing into Autumn, so do our deliberations for the Federal Budget. The government’s main economic document won’t be announced until 13 May, but right now the Treasurer and his colleagues on the Expenditure Review Committee are deep in consultation deciding spending and policy priorities across all government portfolios. Make no mistake — this document will play a very large part in setting the policy course for the next five years. The Federal Government has made it clear that it inherited a difficult budget position requiring considerable discipline to put it back on the path to surplus. The mid-year budget update projects that on current policy settings the budget will remain in deficit for the decade. It is clear that policy settings need to change substantially if the budget is to return to surplus. Important to industry is a clear commitment to achieve fiscal sustainability over the course of the economic cycle. Decisive policy action that demonstrates the budget deficit is being addressed will do much to restore business confidence, which is vital for ongoing growth. A survey of local businesses undertaken by the Chamber during the last election campaign showed that a majority of businesses expect to experience a drop in sales revenue and profitability in the next 12 months highlighting the need for new policies to ease the tough times ahead. In particular, respondents seek action on penalty rates, unfair dismissal laws, work health and safety regulations, BAS paperwork, complexity of tax laws, payroll tax, an inflexible approach by the ATO, automatic interest payment on late payment of invoices by government, a more efficient approach to government tenders, and a public service aware of the needs of small business. A recently released business outlook report by Deloitte Access Economics confirms such sentiments arguing that job growth in the territory has indeed stalled and suggests that with some 6,000 public service jobs to go (with 14,473 job cuts already in the pipeline) from Canberra that 2014 and 2015 will be lean years for the ACT economy. The most important risk to the ACT economic outlook lies with the fiscal tightening of the Commonwealth Government. If public servant numbers are to be impacted, we are opposed to any political strategy to focus all the pain on the ACT.
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We also oppose any political strategy to relocate Canberra-based public servants interstate. One of the reasons for establishing a separate capital in Canberra was to minimise the politicisation of the location of Federal agencies and institutions. We also think there is a strong argument for relocating some interstate Federal agencies to Canberra – such as the 125 Productivity Commission public servants who are currently located in Melbourne. This would be in keeping with the spirit of our constitution and the de-politicisation of the location of Federal agencies and institutions. We also encourage the Government to consider further outsourcing of government programs to the private and not-for-profit sectors. In a paper prepared by Gary Sturgess, “Diversity and Contestability in the Public Service Economy”, he argues that over the last two decades, governments have opened some of their services to competition and contracting, with research indicating that competition has made a positive difference in the financial performance and productivity of a number of portfolios, including: health, defence, prisons, transport and infrastructure. Research suggests that there is the potential for productivity improvements in the order of 20-25% where services have not previously been exposed to competition. The Chamber submits that the Government should consider extending competition and contracting models in services where it already exists, and applying it to other areas of the public sector – with the Commonwealth Rehabilitation Service, being one such example. The decision to further outsource program delivery will of course be based on the complex mix of social, economic and political considerations. The new government has shown itself to be willing to examine many areas of major policy importance. Apart from the broad-ranging Commission of Audit, the government has announced or is set to announce major reviews of tax, competition policy, the Australian federation, industrial relations laws, the financial system, agriculture and energy policy. We don’t yet know the outcomes of these analyses, but there is much potential for deep changes over coming years.
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