BLB 1115: Lorraine Smith (LS) - Law Assignment

Internal Code: MAS4035

Law Assignment:

Lorraine Smith (LS) was until 9 months ago a senior marine biologist in the maritime research division of the CSIRO. Whilst an employee of CSIRO, LS had been heavily involved in the Victorian South Coast Whale conservation program. Six months ago LS resigned from the CSIRO and became a consultant working from her home in Warrnambool. LS has a 4 wheel drive which has LS Marine Consultancy badges on the vehicle for promotional purposes. LS has continued to do quite a bit of work with CSIRO. She would estimate three days a week on average have been taken up with her continuing working on the Whale program. LS writes reports for the senior supervisor (Dr Renae Slater) under whom she worked whilst at the CSIRO. Dr Slater directs LS as to where she works when she is performing tasks for the CSIRO. LS has her own lap-top. The CSIRO pay her an hourly rate; they do not provide any superannuation or other employee benefits. She provides her own clothes but a lot of her work involves scuba diving, and CSIRO provide this equipment for her.

Questions:

1) Could you please provide me with a comprehensive, footnoted memorandum so that we can e-mail her later this week outlining her legal position, the key issues, and the potential defences.

2) Can you please set out the memorandum in an easy-to-comprehend format. However, given this is an internal draft in the first instance, I would like to fully footnote your memorandum, and where appropriate, provide a reference to relevant legislation.