The Premises of Australian Holidays Galore Pty Case Study - Law Assignment Help

Assignment Task

Question 
It is 2023. Joe Bloggs is an authorised officer for the purposes of the Back to Work Act. Joe approaches the premises of Australian Holidays Galore Pty Ltd in relation to a Back to Work claim by the company. Marie, a director of the company, is the occupier of the premises. Marie allows Joe to enter. She signs and is given a copy of the signed consent immediately. The signed consent form says, after setting out s 31(1) and (2) of the Act, ‘I consent in accordance with s 31(1) and (2) of the Back to Work Act 2015’. Assume that the entry was lawful in all respects.
After entering the premises, Joe enquires about the computer Marie uses for Back to Work claims. She says
‘I am afraid it is not possible for you to access the laptop. I am busy working on it at the moment and I will not be free until tomorrow.’
When Joe stiffens, Marie then says to Joe, ‘I am withdrawing my consent, effective immediately’. She writes ‘withdrawn’ and the date and time on the copy of her signed consent.
Joe then says to Marie,
‘Sorry, you are mistaken. You have previously given me consent and I now require you to operate the computer to produce certain documents that I believe are relevant to my investigation’.
Marie then says to Joe,
‘Can I have 10 minutes to ask my lawyer about my rights? In the meantime you may sit down where you are.’
Joe agrees. He sits down and looks at his phone.
When he is seated, Marie contacts your law firm. Your manager (Murray) in the law firm asks you to answer these questions for him:
(a) At the time Joe entered the premises what did Marie consent to? In the course of answering this question, interpret the words ‘consent of the occupier’ in s 31(2)(a) of the Back to Work Act 2015 (Vic).
(b) When Marie purported to withdraw her consent, was the purported withdrawal effective? In the course of answering this question, interpret the words ‘consent of the occupier’ in s 31(2)(a) of the Back to Work Act 2015 (Vic).
Prepare an answer for Murray, giving separate attention to answering questions (a) and (b). Assume that this written answer elaborates the verbal answers you gave your manager.
Question 2 (25%)
CIC Foods Pty Ltd makes a claim for a Back to Work payment under s 6 of the 2015 Act.
Assume the company meets all the requirements under s 6(2) of the Act. Assume also the company has consented to the claimant's name being published in accordance with s 54(2)(e) of the Act.
The Commissioner writes to the company as follows.
I have decided that your claim meets all the eligibility criteria. However I have decided not to authorise the payment under s 7(3) of the Act. My reason for doing so is that your company has been charged with an offence against the Occupational Health and Safety Act 2004 by the Victorian WorkCover Authority (WorkSafe).
The company approaches your law firm for advice. It acknowledges that it has been charged as mentioned in the Commissioner’s letter. It says it is going to strongly defend the charge. Your manager asks you to answer this question: Ought the Commissioner have authorised the payment? In the course of answering this question, interpret the word ‘may’ in s 7(3) of the Act.
Question 3 (30%)
It is 1 December 2025 when your advice is sought.
Mabel made a successful Back to Work claim in 2023. In April 2025, after checking her records on site, the Commissioner gave written authorisation for Mabel to destroy the records before the end of the normal 5 year period for retention. Assume this authorisation satisfied s 25(2) of the 2015 Act.
In May 2025, after the completion of a major ten year review of the 2015 Act, that Act was amended by the Back to Work (Amendment) Act 2025 (Vic) (‘the Amendment Act’). Among other things, s 25(2) of the 2015 Act was repealed. The Amendment Act commenced to operate on 31 May 2025.
Mabel comes to your office on 1 December 2025. She says she has not yet destroyed the records.
Now answer the following questions having regard to the above information and any further information supplied for the relevant question.
Question 3.1 (20%)
Mabel says she is moving offices and she wants to know whether she is still authorised to destroy the records.
Your manager asks you to answer Mabel’s question.
Question 3.2 (10%)
Suppose that, later the same day (1 December 2025), after you prepared the answer to the Manager’s question in Question 3.1, you come across this provision in the Amendment Act.
Transitional
28 (1) An authorisation issued under the old Act, and in force immediately before the commencement of this Act, remains in force for a period of 6 months from the commencement of this Act.
(2) An authorisation issued under the old Act, and in force immediately before the commencement of this Act, is not enforceable after the end of the period referred to in subsection (1).
The Amendment Act contains these definitions:
old Act means the Back to Work Act 2015 as in force immediately before the commencement of this Act.
this Act means the Back to Work (Amendment) Act 2025.
Assume the authorisation issued to Mabel in April 2025 is an ‘authorisation’ within the meaning of s 28 of the Amendment Act and that the authorisation was in force immediately before the commencement of the Amendment Act.
Now ignore the answer you gave to question 3.1, and answer this question: is the authorisation in force at today’s date (1 December 2025) by force of s 28 of the Amendment Act? In addition,
if your answer is that the authorisation is not in force, give the date and time at which the authorisation ceased to be in force
if your answer is that the authorisation is in force, give the date and time at which the authorisation is due to cease to be in force.
 

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