Tagged With Is It Legal?

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Discrimination occurs in the workplace when an employer takes adverse action against an employee or prospective employee because of a protected attribute such as sexual orientation.

That's almost verbatim from Australia's Fair Work Ombudsman's guidelines for all employees' right to protection from discrimination at work. Yet you still hear stories of Australians getting fired for being gay - or more accurately, being open about being gay. So is this actually legal in Australia? And if so, how?

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Our society is replete with tales about the unobserved abuse of vulnerable people – in schools, kindergartens, child care facilities, psychiatric institutions, hospitals and the aged care facilities highlighted in the two-part ABC Four Corners report. Institutions are under pressure to deploy CCTV to deter abuse and provide evidence for discipline or prosecution. But this is controversial because it erodes the privacy of people in care, staff and visitors.

Some people are taking surveillance into their own hands by using private recording devices to detect abuse and thereby protect a loved one. But is this actually legal? Let's find out.

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A German athlete made news last week when he was banned from an all-you-can-eat sushi restaurant for eating almost 100 pieces of sushi. And while I don't think I'm capable of eating 100 pieces of sushi myself, I still had to wonder - can all-you-can-eat restaurants legally ban you from their restaurant for doing exactly what it says on the sign? Here's what I found out.

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What could be more intimately a part of you than a work of body art permanently inked into your skin? You probably assume that the tattoo on your body belongs to you. But, in actuality, somebody else might own your tattoo.

Recent lawsuits and events have shown that tattoo artists and companies can have intellectual property rights in tattoos worn by others, including both copyright and trademark rights.

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Multiple Australian governments have tried to limit so-called 'illegal refugees' taking the dangerous sea routes to seek resettlement in Australia. One such vessel arrived in North Queensland today. The people smugglers that facilitate these journeys are breaking some laws but thanks to the obfuscation of details by the Australian government it's hard to work out exactly what penalties they face.

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The 'creepshot' is the latest online trend involving the non-consensual photography of women - and it's just as gross as it sounds. The stated aim of the creepshot is to capture "the beauty of unsuspecting targets" which are then shared online.

Creepshot purveyors claim they are just celebrating the female form. In reality, they are wilfully invading the privacy of strangers for their own gratification. It's definitely wrong on a number of levels - but is it legal? Let's find out.

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While there is a lot of hype around the launch of Apple’s new all-glass iPhone X, the attention of consumer lawyers is probably focused in a different direction. In April, the Australian Competition and Consumer Commission (ACCC) alleged that Apple had contravened consumer law by wrongly representing to customers they were not entitled to have a phone defect remedied if their device had previously been fixed by an “unauthorised” repairer.

The action was brought after reports that some consumers who had had their screen repaired by a third party suffered an “error 53”, which disabled their iPhone or iPad, after downloading an iOS update. Given that the new iPhone launched on Tuesday in the US, it’s timely to think about the rights available to Apple fans under Australian law if they suffer that most common of breakages – the shattered screen.

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Beachcombing for rare and beautiful seashells is a popular pastime for many Australians. But have you ever stopped to consider the legalities of your collection?

Contrary to popular belief, you can't just pick up and take home any shell that takes your fancy. Here are some of the rules you need to follow.

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“You’re terminated!” They’re the two words nobody, under any circumstances, ever wants to hear or receive in writing. The flow-on effect from losing a job can be catastrophic – potentially leaving you financially unstable, emotionally insecure and contemplating your worth in the workforce.

Yes, there’s never a good time to receive this news, but imagine being terminated when you’re physically incapacitated and incapable of completing the tasks you love or are trained to perform. Unfortunately, this is the reality for many Australians every year who suffer a workplace injury and require medical aid and time off. Is this legal?

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When you're wearing impractical shoes to go out or when you want to duck out to the local shops quickly, it's tempting to drive without shoes on. Wearing thong or high heels while driving can be dangerous so the next best option is to just take them off and drive sans shoes. But is it legal to drive without shoes in Australia? Let's find out.

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Consider the following scenarios: A police officer stops you on the street and asks you to empty your pockets. A police officer stops you in your car and asks to search you and the vehicle. Regardless of nearly all factors, one of the items recovered will inevitably be a mobile phone. But in what circumstances can police search your phone? Must they obtain a search warrant? And what will happen if you refuse to provide your passcode or fingerprint required to access your phone? Let's find out.

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On the weekend, Netflix's US communications chief Jonathan Friedland was fired from the company for "descriptive use of the N-word" in the workplace. In an internal memo to staff, CEO Reed Hastings explained that Friedland had been let go for exhibiting "unacceptably low racial awareness and sensitivity."

Meanwhile, here in Australia, much has been made of "the right to be a bigot". This got us wondering - is it legal to terminate an Australian employee for using a racial epithet? Or would they have a case for unfair dismissal? Let's find out.

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Most drivers don't give a second thought to snacking behind the wheel. We have fast food drive-thrus all over the country, so it must be legal, right?

As it turns out, "eat-driving" might not be as safe - or as lawful - as you think.

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Late in the night, you wake up and have an insatiable urge for water. You gingerly slip out of bed so to not wake your partner and make your way to the kitchen. As you enter, you see a masked figure who has just made his way into the house through the unlocked window above the sink. The first thing you think about is the safety of your family. The second thought you have is reaching for the kitchen knife right next to you. So is it legal to kill an intruder in your own home?

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Super Nintendo was my first ever console and there are games on that system that I still enjoy playing to this day. Unfortunately, my childhood console died over a decade ago and it's not always easy to find a Super Nintendo with all the right bits working. The easiest way to re-live my favourite childhood video games is through ROM (read-only memory) files and emulators. There is a swathe of video game ROMs and emulators floating around on the internet that can be readily downloaded. There are also people who convert their old games into ROM images so they can be backed up and conveniently accessed through emulators. So is any of this legal? Let's find out.

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I once carried around a fruit knife for a week in my backpack. I had completely forgotten about it after bringing it to work because all the blades in the office were blunt. I didn’t think much of it back then but was it legal for me to carry the knife around in public? Let's find out.

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Virtual private networks (VPNs) have many legitimate purposes. They're also used to cheekily circumvent geo-blocks on overseas sites like US Netflix - often against the express wishes of rights holders. Like most online technologies, government legislation is currently a bit vague on what is and isn't allowed. So is it legal to stream restricted content through a VPN? Let's find out.

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A Sydney barber is currently awaiting trial by the Human Rights and Equal Opportunity Commission (HREOC) after refusing to cut a young girl's hair. The girl's mother claims that the barber breached anti-discrimination laws by refusing her service. Is it legal for a business to refuse services based on sex?