The Australian Taxation Office recently updated its guidance on tax and cryptocurrency. In early November, the Commonwealth Bank announced that it is now Australia’s first bank to offer customers the ability to buy, sell and hold crypto assets, directly through the CommBank app. You know when the banks come on board, cryptocurrency has become normal. But cryptocurrency is only one part of the blockchain universe. Non-fungible tokens or NFTs (fungible means interchangeable) are one-of-a-kind digital assets which are part of the Ethereum blockchain. An example is the CryptoKitties game that allows players to purchase, collect, breed and sell unique virtual cats – and, before you laugh, the game transacted over $1 million in virtual cats in its first few days of launching. NFTs are also rapidly rising in popularity in the artworld because ownership of the asset is on the blockchain and in some cases, the artist can take a percentage of every transaction of that artwork – so, no more starving artists because they can generate an income from the asset over time not just on the first sale. A stellar example is the sale of a NFT artwork by the digital artist Beeple, which was sold at auction by Christies in March 2021 for $69 million (USD). Let’s look at what the Australian Taxation Office has to say about some of the commonly asked questions about the implications of investing in blockchain. Is mining cryptocurrency income or an asset? If you receive crypto from providing services to others, this can represent income. If you create crypto, you acquire a capital gains tax (CGT) asset. A taxing event will arise when you exchange crypto for Australian Dollars or another crypto asset. Does the ATO really know about my crypto transactions? The ATO is using various sources for data collection including digital service providers (DSPs) and analysis software to track taxpayer compliance. There are several data-mining projects (no pun intended) underway looking specifically at cryptocurrency and cryptocurrency platforms. What happens if my cryptocurrency is stolen? You may be able to claim a capital loss if you lose your cryptocurrency private key or your cryptocurrency is stolen. Generally, where an item can be replaced it is not lost. A lost private key can't be replaced. Therefore, to claim a capital loss you must be able to provide the following kinds of evidence: When you acquired and lost the private key The wallet address that the private key relates to The cost you incurred to acquire the lost or stolen cryptocurrency The amount of cryptocurrency in the wallet at the time of loss of private key That the wallet was controlled by you (for example, transactions linked to your identity) That you are in possession of the hardware that stores the wallet Transactions to the wallet from a digital currency exchange for which you hold a verified account or is linked to your identity. I mine cryptocurrency as a hobby so I should not have to pay tax on it? Unfortunately, it’s unlikely mining for fun will allow you to avoid tax. The circumstances where you can generate cryptocurrency or transact it without paying tax are very limited. Can I get a tax deduction for computer equipment purchased for mining? If you are in the business of mining, then you can claim a deduction for the equipment you purchase to generate income. If you are not carrying on a business, then the crypto is held as an investment and the equipment is not deductible. How is my NFT artwork taxed? As with any other cryptocurrency, an NFT can be held for personal use. Personal use assets are CGT assets that you keep mainly for your personal use or enjoyment. NFT is not a personal use asset if it is kept or used mainly: As an investment In a profit-making scheme, or In the course of carrying on a business. The relevant time for working out if an asset is a personal use asset is at the time of its disposal. During a period of ownership, the way that an NFT is kept or used may change (for example, NFTs may originally be acquired for personal use and enjoyment, but ultimately kept or used as an investment, to make a profit on ultimate disposal or as part of carrying on a business). The longer an NFT is held, the less likely it is that it will be a personal use asset – even if you ultimately use it for personal use or consumption. Capital gains you make from personal use assets acquired for less than $10,000 are disregarded for CGT purposes. However, all capital losses you make on personal use assets are disregarded. Collectables are not classed as personal use assets and may be subject to CGT. How tax applies to blockchain and the generation of income or assets is still a work in progress. Please contact Collins Hume in Ballina or Byron Bay if we can assist on 02 6686 3000.

New data released Naturally, people aspire to get the most out of their investments, especially if a great opportunity is presented by a ‘trusted’ organisation. However, investment scams occur more often than you may think, highlighting the risk both self-directed investors and SMSF trustees may potentially face when seeking new investment opportunities. New data released from Scamwatch Australia has reinforced the sophistication and rapidly growing number of scams each year in Australia – which has caused a loss of over $851 million* in total in 2020 – $328 million of which related to investment scams. It is extremely important for you to remain vigilant and reach out to me, your trusted SMSF professional, before investing your retirement savings in a new product or service. *ACCC Media Release 7 June 2021 What does the data reported to Scamwatch Australia tell us? During 2020, the average monetary value lost to scams has increased by 23%. Scammers have become more sophisticated in their approach, claiming to be from well-known investment organisations or government bodies, with the aim of extracting personal information from an individual. Investment scams have caused the most financial harm to the Australian population throughout 2020 resulting in $328 million lost. Advancements in both technology and software design allow scammers to recreate websites to look identical to an actual organisation’s site, meaning it is becoming increasingly difficult to identify what is a scam and what isn’t. Older Australians (65+) are often more at risk of being approached by scammers as they perceive this particular age group to have more accumulated wealth. The top contact methods used by scammers include phone (47.7%), email (22%), text message (15%), internet (6.3%) and social networking (4.5%)*. Scammers will often inject a sense of urgency into their messaging, propose threats (particularly with tax scams), and request personal and banking information. *Scamwatch Australia Targeting scams report 2020 What should you do if you suspect a scam? If someone attempts to scam you, there are several things you can do: Report the scam to Scamwatch Australia at www.scamwatch.gov.au/report-a-scam or ReportCyber at Report | Cyber.gov.au immediately. Do not provide any personal information that will allow a scammer to impersonate and retrieve your funds. Do not click on links you have received via text or email that have a substantial number of letters and numbers. If you have lost money to a scam, contact your financial institution immediately. If you have provided personal information and you are concerned your identity may be compromised, you can contact IDCARE for free support on 1800 595 160. Consider contacting the organisation the suspected scammer claims to work for – the organisation may be able to confirm your suspicions. If you have been scammed or believe you have been scammed, you shouldn’t feel embarrassed or ashamed. Financial scams are now crimes that are occurring regularly – many scams are very sophisticated and professional, and very experienced investors have lost money to scams. It is becoming increasingly important to discuss the risk of scams with family, friends, and peers. How can Collins Hume help? If you need assistance with identifying if you are being approached by a scammer, please feel free to give us a call on 02 6686 3000 to discuss in more detail. Our team is here to support you and it’s important that we start the conversation as scamming is a continuous risk in our technologically advanced world. If you would like to seek more information about scams to protect your SMSF, you can refer to the SMSF Association’s trustee education platform, SMSF Connect.

Instead of letting the kerfuffle of COVID get us down, we decided to ghoul it up and come dressed to the office to celebrate Halloween. Thanks, Kim, for snapping our best-dressed contenders!

The ATO has extended COVID-19 relief for SMSF trustees The relief measures, which protect trustees from COVID-19 related contraventions of the super laws, now extend from the 2019-20, 2020-21 and 2021-22 financial years. The relief measures provide: Residency relief where the pandemic has prevented members from returning to Australia. This measure prevents the SMSF from breaching the residency conditions to be an Australian super fund. Rental relief where a COVID-19 reduction, waiver or deferral has been provided to a tenant. Loan repayment relief where relief is provided on commercial terms. In-house asset relief where the SMSF exceeded the 5% in-house asset threshold at 30 June due to the impacts of COVID-19. Let's Talk At Collins Hume we turn our knowledge into great value for you; it’s as simple as that. Contact our team in Ballina or Byron Bay on 02 6686 3000.

COVID-19 support to roll back as states and territories reach vaccination targets The National Plan, the road map out of COVID-19, does more than provide greater freedoms at 70% and 80% full vaccination rates, it withdraws the steady stream of Commonwealth financial support to individuals and businesses impacted by COVID-19 lockdowns and border closures. We look at the impact and the support that remains in place. For individuals The COVID-19 Disaster payment offered a lifeline to those who lost work because of lockdowns, particularly in the ACT, New South Wales, and Victoria where the Delta strain of the virus and long-term lockdowns had the greatest impact. In late September, the Treasurer announced that the Disaster Payment will roll back as states and territories reach vaccination hurdles on the National Plan. Over $9 billion has been paid out to date on Disaster Payments and at 70% and 80% full adult vaccination, the disaster, apparently, is over. At 70% full vaccination in your state or territory In the first week a state or territory reaches 70% full adult vaccination, the automatic renewal that has been in place will end and individuals will need to reapply each week that a Commonwealth Hotspot remains in place to confirm their eligibility. The COVID-19 Disaster payment will not necessarily end, but anyone currently receiving the payment will need to reconfirm that they meet the eligibility criteria, including living or working in a Commonwealth declared hotspot. Given that the time gap between 70% and 80% full vaccination might be as little as two weeks in some regions, the impact of the 70% restrictions might be a moot point. At 80% full vaccination in your state or territory In the first week a state or territory reaches 80% full adult vaccination, the COVID-19 Disaster Payment will phase out over a two week period before ending completely. *First week population +16 years of age reaches vaccination target Those needing financial support will no longer be eligible for the disaster payment, regardless of whether a Commonwealth hotspot is in place, and instead will need to apply for another form of income support such as JobSeeker. Unlike the disaster payments, JobSeeker and most other income support payments are subject to income and assets tests. The Pandemic Leave Disaster Payment, for those who cannot work because they need to self-isolate or care or quarantine, or care for someone with COVID-19, will remain in place until 30 June 2022. Support for business Each state and territory manages lockdown and financial support to businesses impacted by COVID-19 lockdowns and border closures differently. The way in which support is withdrawn will depend on how support has been provided and the extent of Commonwealth support. New South Wales The NSW JobSaver, which provides payments of up to 40% of weekly payroll, is jointly funded by the state and Commonwealth governments. From 13 September, businesses receiving JobSaver have been required to reconfirm their eligibility for the payment each fortnight including a 30% decline in turnover test and headcount test.*excludes e *excludes extension program At 70% full adult vaccination (10 October 2021), JobSaver will reduce from 40% of weekly payroll to 30%. Then, at 80% full vaccination, the Commonwealth will withdraw funding. The NSW Government announced that it will continue to fund their portion of JobSaver up until 30 November 2021 (15% of payroll). It is unclear at this stage of what the impact of the withdrawal of Commonwealth funding at 80% vaccination rates will mean to large tourism, hospitality, and recreation businesses. The $1,500 fortnightly micro-business grant, will reduce to $750 per fortnight from 80% full vaccination and cease on 30 November 2021. If you are uncertain how the easing of restrictions will impact on you and your workplace, see the roadmap. Australian Capital Territory The ACT Government has distributed grants to business jointly funded with the Commonwealth. The ACT COVID-19 Business Grant was recently extended with top-up grants of $10,000 for employing businesses and $3,750 for non-employing businesses distributed to previous grant recipients in industries impacted by continued lockdowns. Large businesses $2m to $5m received an additional top-up amount of between $10,000 and $30,000. The Tourism, Accommodation Provider, Arts, Events, Hospitality & Fitness Grants have also been topped up with grants between $5,000 and $25,000 to existing recipients and the grant has been expanded to the fitness/sports sector (more information will be available mid-October). Lockdowns eased on 1 October and are scheduled to be lifted from 15 October, with a return to normal in early to mid December 2021 (see the pathway forward). While not specified, it is expected that grants will cease at this point and instead, directed into targeted industry specific initiatives (see the recovery plan). Queensland While not significantly impacted by local lockdowns, Queensland tourism is impacted by national and international border closures. A second round of Tourism and Hospitality Sector Hardship grants have been announced although no further details are currently available. For businesses on the border with New South Wales, a hardship grant will become available if the closure remains in place until 14 October or longer with grants of $5,000 for employing entities and $1,000 for non-employing entities (see Business Queensland for details). To receive the grant, you must operate in a ‘border business zone’ and have received the COVID-19 Business Support Grant. Pointedly, Federal Treasurer Josh Frydenberg has stated, “Governments must also hold up their end of the bargain and stick to the plan agreed at National Cabinet that will see restrictions ease and our borders open up as we reach our vaccination targets of 70 to 80 per cent.” The Queensland Government will be under significant pressure to open borders once vaccination rates reach 80% in December and prior to the school holiday period. Victoria The Victorian Government has distributed grants to business jointly funded with the Commonwealth. For many of these grants, funding has been topped up in line with lockdown extensions. The small business hardship fund providing one-off grants of $20,000 for businesses that have suffered a 70% or more decline in turnover and were not eligible for other grants or funding, will reopen (see the BusinessVictoria website for details). The Business Costs Assistance Program will provide automatic top-ups to existing recipients across October and into the first half of November (two fortnightly payments between 1-29 October on a rising scale). Businesses that remain closed or severely restricted between 70% and 80% double dose will receive an automatic payment for the period from 29 October to 13 November. Licensed hospitality venue fund recipients will also receive weekly top-ups in October of between $5,000 and $20,000, stepped according to venue capacity. Between 70% and 80% double dose, payments for licensed premises in metropolitan Melbourne will be reduced by 25%, and in regional Victoria by 50%. Victoria is not expected to reach the 70% vaccination target until the end of October, and 80% in early to mid-November. You can find Victoria’s broad road map here. National The National Plan stipulates that state and territory borders are to reopen at 80% double vaccination in that state or territory but this will depend on health advice at the time. Generally, international borders will reopen in states and territories at 80% double vaccination with Australian and permanent residents able to quarantine at home for 7 days. Unvaccinated travellers will need to stay in hotel quarantine for 14 days. Commercial flights will also resume for vaccinated Australians with Australia expected to implement a ‘red light, green light’ system similar to the UK to designate safe countries. For other regions such as South Australia and the Northern Territory, borders are expected to reopen at 80% double vaccination but with some nuances flagged. The Western Australian Government however has stated that it will announce an easing of border restrictions once an 80% double vaccination has been achieved for those over 12 years of age. SME lending options While there is likely to be an economic rebound when restrictions ease across the country, for many, a funding gap will remain between the assistance provided by Government grants and viable trading conditions. The expanded SME recovery loan scheme took effect on 1 October 2021. Under the scheme, the Government will guarantee 80% of loan amounts to businesses that have been adversely impacted by COVID-19. The lending terms, repayment, and interest rates are set by the lenders but cannot be backed by residential property, that is, if the Government is underwriting the loan, lenders cannot ask business owners to use their home as security. However, Directors guarantees are likely to be required. Under the scheme, lenders can provide: A repayment holiday of up to 24 months Loans of up to $5m Loan terms of up to 10 years, and Secured and unsecured loans The recovery loans can be used to refinance existing loans, purchase commercial property, purchase another business, or working capital. But, cannot be used to purchase residential property, financial products, lend to associated entities, or lease, rent, hire or hire purchase existing assets that are more than halfway into their effective life. The loan scheme is generally available to solvent businesses with a turnover of up to $250m, have an ABN, and a tax resident of Australia. Loans remain subject to lending conditions and generally the lenders will look to lend to viable businesses where it is clear that they can trade their way out of the impact of COVID-19 or the assets of the business make the break-up value attractive. If you default on your loan, you cannot simply walk away from it. The Government is guaranteeing 80% of the lender’s risk not your debt. Director guarantees are still likely to be required and for many loans, it will be secured against a business asset. On the plus side, interest rates are very attractive right now and many of the lenders are providing a repayment holiday of up to 24 months and in some cases, existing debt can be bundled into the loan arrangements. Let's Talk That’s all we focus on: You, your family, your wealth, your business and the legacy you (and we) leave. That’s it. Join Collins Hume on this amazing journey.

If you're a commercial or residential landowner who has reduced your tenants' rent due to COVID-19, between 1 July 2021 and 31 December 2021, you may be eligible for the NSW Government's land tax relief. The relief will be a reduction in the 2021 tax payable on the parcel of land where rent relief has been given to the tenant who occupies that land. You can apply online at https://mybusiness.service.nsw.gov.au/transactions/land-tax-relief/ready-to-start (See the recommended 14-step process for How to Apply on the Service NSW website.) The land tax reduction will be the lesser of: the amount of rent reduction you provided to an eligible tenant for any period between 1 July 2021 and 31 December 2021, or 100 per cent of the land tax attributable to the parcel of land leased to that tenant. Land tax relief will: be paid to you as a refund if you've already paid your land tax be used to offset the balance of the amount of land tax payable if you have not yet completed payment. Note: A residential tenancy support payment for properties tenanted in NSW is also available. If you're a residential landlord, you can apply for either the land tax relief or the residential tenancy support payment. You cannot apply for both, so you'll need to decide which is more appropriate for you, before applying. Eligibility To be eligible for relief on your 2021 land tax, you'll need to: be leasing property on your parcel of land to: a commercial tenant who has: an annual turnover of up to $50 million, and is eligible for the: Micro-business COVID-19 Support Grant 2021 COVID-19 NSW Business Grant and/or JobSaver scheme, or a residential tenant who has lost 25% or more of household income due to COVID-19. have reduced the rent of the affected tenant for any period between 1 July 2021 and 31 December 2021 have provided the rent reduction without any requirement for it to be paid back at a later date have a 2021 land tax liability attributable to the parcel of land where the rent reduction has been given. If you're not eligible for land tax relief you can request an extended payment arrangement for your land tax if necessary. Note: You can still apply for this period of land tax relief, even if you applied for any of the previous relief periods, provided you meet all the eligibility requirements. For an itemised list of information and proof of identity documents to make an application, please visit the Service NSW website. If you're eligible, this relief can reduce your land tax liability for 2021 by up to 100%. You can apply for multiple properties in a single application. However, you can only select one bank account per person. Once you've submitted your application you'll receive a confirmation email. Revenue NSW will review your application and advise you of the outcome. If further information is required they will contact you. More information You're able to apply for multiple properties at the same time. Only select one bank account per person. If there's been a change of circumstances or eligibility since your initial application, you can resubmit your application. If you're submitting this application on behalf of a landlord, you'll need to have the authority to do so. There is no requirement for rent reduction negotiations to have been concluded when you apply for land tax relief. Providing false or misleading information will incur penalties. Collins Hume can provide assistance to our clients as we have done with previous NSW grant programs. Please contact the team at Collins Hume in Ballina or Byron Bay on 02 6686 3000. Source: Service NSW

Recruiting new employees? The 1 November superannuation rule changes When your business hires a new employee, the Choice of Fund form is used to identify where they want their superannuation to be directed. If the employee does not identify a fund, generally the employer directs their superannuation into a default fund. From 1 November 2021, where an employee does not identify a fund, the employer is required to contact the ATO and request details of the employee’s existing superannuation fund or ‘stapled’ fund (the fund stapled to them). The request is made through the ATO’s online services through the ‘Employee Commencement Form’. If the ATO confirms no other fund exists for the employee, contributions can be directed to the employer’s default fund or a fund specified under a workplace determination or an enterprise agreement (if the determination was made before 1 January 2021). Let's Talk That’s all we focus on: You, your family, your wealth, your business and the legacy you (and we) leave. That’s it. Join Collins Hume on this amazing journey.

Superannuation is not like other assets as it is held in trust by the trustee of the superannuation fund. When you die, it does not automatically form part of your estate but instead, is paid to your eligible beneficiaries by the fund trustee according to the rules of fund, superannuation law, and the death nomination you made. Death nominations Most people have a death nomination in place to direct their superannuation to their nominated beneficiaries on their death. There are four types of death benefit nominations: Binding death benefit nomination - Putting in place a binding death nomination will direct your superannuation to whoever you nominate. As long as that person is an eligible beneficiary, the trustee is bound by law to pay your superannuation to that person as soon as practicable after your death. Generally, death benefit nominations lapse after 3 years unless it is a non-lapsing binding death nomination. Non-lapsing binding death benefit nomination - Non-lapsing binding death nominations, if permitted by your trust deed, remain in place unless the member cancels or replaces them. When you die, your super is directed to the person you nominate. Non-binding death nomination - A non-binding death nomination is a guide for trustees as to who should receive your superannuation when you die but the trustee retains control over who the benefits are paid to. This might be the person you nominate but the trustees can use their discretion to pay the superannuation to someone else or to your estate. Reversionary beneficiary – if you are taking an income stream from your superannuation at the time of your death (pension), the payments can revert to your nominated beneficiary at the time of your death and the pension will be automatically paid to that person. Only certain dependants can receive reversionary pensions, generally a spouse or child under 18 years. If no death benefit nomination is in place - If you have not made a death benefit nomination, the trustees will decide who to pay your superannuation to according to state or territory laws. This will often be a financial dependant to the legal representative of your estate to then be distributed according to your Will. Is your death benefit valid? There have been a number of court cases over the years that have successfully contested the validity of death nominations, particularly within self managed superannuation funds. For a death nomination to be valid it must be in writing, signed and dated by you, and witnessed. The wording of your nomination also needs to be clear and legally binding. If you nominate a person, ensure you use their legal name and if the superannuation is to be directed to your estate, ensure the wording uses the correct legal terminology. Who can receive your superannuation? Your superannuation can be paid to a SIS dependant, your legal representative (for example, the executor of your will), or someone who has an interdependency relationship with you. A dependant is defined in superannuation law as ‘the spouse of the person, any child of the person and any person with whom the person has an interdependency relationship’. An interdependency relationship is where someone depends on you for financial support or care. Do beneficiaries pay tax on your superannuation? Whether or not the beneficiaries of your superannuation pay tax depends on who the superannuation was paid to and how. If your superannuation is paid as a lump sum to a tax dependant, the superannuation is tax-free. The tax laws have a different definition of who is a dependant to the superannuation laws. A tax dependant for tax purposes is your spouse or former spouse, your child under the age of 18, or someone you have an interdependency relationship with. Special rules exist if you are a police officer, member of the defence force or protective service officer who died in the line of duty. If your superannuation is paid to your estate, the tax laws use a ‘look through’ approach when superannuation death benefits are distributed to the deceased’s legal representative. This involves determining whether the final recipient of the superannuation is a dependant or a non-dependant of the deceased. If the person is not a dependant for tax purposes, for example an adult child, then there might be tax to pay. Let's Talk That’s all we focus on: You, your family, your wealth, your business and the legacy you (and we) leave. That’s it. Join Collins Hume on this amazing journey.

A message of support and a bit of direction for Collins Hume clients during NSW COVID19 lockdown. Things are taking a little longer than usual as we assist our business clients in lockdown distress. If you have an enquiry about government support, we will endeavour to get back to you ASAP but in the meantime check out these resources to get the ball rolling: Support for NSW businesses impacted by COVID-19 www.service.nsw.gov.au Keep as positive as possible everyone.

What government support is available to NSW business? If your business has been adversely impacted by the recent lockdown in NSW, support is available. On 13 July 2021, the NSW and Federal Governments announced their economic support package aimed at supporting businesses and residents with the recent COVID-19 lockdown. We've outlined the key economic support measures being offered for dealing with the economic ramifications of the health and safety requirements currently being experienced by our community. The NSW and Federal Governments have announced a series of measures to support business during extended lockdowns of four weeks or more: Up to $15,000 through the expanded NSW 2021 COVID-19 business grants program Up to $10,000 cashflow support per week for employers NSW micro business grants for businesses with a turnover between $30,000 to $75,000 NSW payroll tax deferrals and a 25% payroll tax waiver NSW Rent protections and grants NSW Sector support for the arts and accommodation sector Small Business fees and charges rebate up to $1,500. Please visit https://www.service.nsw.gov.au/campaign/covid-19-help-businesses/grants-loans-and-financial-assistance for the full listing and more details. Tips before you start your application You can streamline the process of applying for business support by ensuring: Your business and contact details are up to date on the Australian Business Register Your personal and business details are up to date and you have a MyServiceNSW account with a business profile Please assess your eligibility using the information available on the Service NSW website and if you believe you are eligible apply using your Service NSW business account. Some grant applications may require an accountant's prepared declaration as part of the grant submission process. Collins Hume will be able to provide assistance to our clients as we have done with previous NSW grant programs. Please contact Collins Hume in Ballina or Byron Bay on 02 6686 3000 should you require an accountant's letter or further assistance.

The first COVID-19 vaccination in Australia rolled out on 21 February 2021. With the rollout, comes a thorny question for employers about individual rights, workplace health and safety, and vaccination enforcement. The rollout, managed in phases, is expected to complete by the end of 2021 (you can check your eligibility here). While the Australian Government's COVID-19 vaccination policy states that vaccination "is not mandatory and individuals may choose not to vaccinate", this does not mean that there will not be punitive initiatives for those failing to vaccinate including proof of vaccination to move across borders. Australia for example already has a precedent with "No Jab, No Play" policies in place to access child care payments (the ability to object to vaccination on non-medical grounds was removed from 1 January 2016). There are currently no laws or public health orders in Australia that specifically enable employers to require their employees to be vaccinated against coronavirus. However, it is likely that in some circumstances an employer may require an employee to be vaccinated. Can an employer require an employee to be vaccinated? For most employers, probably not. The Fair Work Ombudsman, however, states that there are "limited circumstances where an employer may require their employees to be vaccinated." These are: The State or Territory Government enacts a public health order requiring the vaccination of workers (for example, in identified high-risk workplaces or industries). An agreement or contract requires it – some employment agreements already require employees to be vaccinated and where these clauses exist, they will need to be reviewed to determine if they also apply to the COVID-19 vaccine. A lawful and reasonable direction – employers are able to issue a direction for employees to be vaccinated but whether that direction is lawful and reasonable will be assessed on a case by case basis. It's more likely a direction will be "reasonable" where, for example, there is an elevated risk such as border control and quarantine facilities, or where employees have contact with vulnerable people such as those working in health care or aged care. If an employee refuses to be vaccinated on non-medical grounds in a workplace that requires it, standard protocols apply. That is, the employer will need to follow through with disciplinary action - there are no special provisions that enable suspensions or stand-downs for employees who refuse to be vaccinated against COVID-19. Can an employer require evidence of vaccination? In general, an employer can only require evidence of vaccination if they have a lawful and reasonable reason to do so. Requesting access to medical records and storing data of an individual's medical information will also have privacy implications (see the Office of the Information Commissioner for more details). Your immunisation history is already accessible through your myGov account when it is linked to Medicare. The Express Plus Medicare app enables you to access this information on your phone. More details are expected shortly on Australia's "vaccine passport" that will enable the quick identification of an individual's vaccination status. Israel's "Green Pass" for example uses a simple QR code but there are already concerns that it is easily forged. Can we require customers to be vaccinated? Some high-risk industries are likely to require customers to be vaccinated or where they cannot be vaccinated, subject to heightened measures such as quarantine and/or testing. Qantas CEO Alan Joyce recently told A Current Affair, "We are looking at changing our terms and conditions to say, for international travellers, that we will ask people to have a vaccination before they can get on the aircraft." Qantas is expected to release its position middle-to-end 2021 on domestic and international travel. For employers in high-risk industries, it's important to maintain a conversation with employees and consult an industrial relations specialist if your workplace intends to require vaccinations for employees and/or customers. The material and contents provided in this publication are informative in nature only. It is not intended to be advice and you should not act specifically on the basis of this information alone. If expert assistance is required, professional advice should be obtained.

Small businesses and not-for-profits in NSW are now able to apply for rebates of up to $1,500 thanks to a new rebate scheme aimed to offset NSW and local government fees. Launched on 1 April 2021 and lasting until 30 June 2022, the Small Business Fees and Charges Rebate scheme is aimed at small businesses, not-for-profits and non-employing sole traders that have a wages bill coming in below the $1.2 million 2020-2021 payroll tax threshold and can provide a turnover declaration (accountant's letter) showing at least $75,000 per year. If you are a sole trader, the owner of a small business or a not-for-profit organisation in NSW, you may be eligible for a small business fees and charges rebate of $1500. This rebate helps businesses recover from the impacts of COVID-19 and encourages growth by reducing the cost of running a business. Eligible businesses or not-for-profits only need to apply for the rebate once but can submit multiple claims until the full value of $1500 is reached. Funds can be used to offset the costs of eligible NSW and local government fees and charges. These include, but are not limited to: food authority licences liquor licences tradesperson licences event fees outdoor seating fees council rates. The rebate can only be used for eligible fees and charges due and paid from 1 March 2021. It cannot be used for fines or penalties, fees and charges that have the key purpose of discouraging behaviours or inducing behaviour changes, Commonwealth government charges, rent on government premises, or taxes. See guidelines for more information. The rebate will be available until 30 June 2022. Eligibility To be eligible for this rebate, small businesses (including non-employing sole traders) and not-for-profit organisations must: have total Australian wages below the NSW Government 2020-2021 payroll tax threshold of $1.2 million have an Australian Business Number (ABN) registered in NSW and/or have business premises physically located and operating in NSW be registered for goods and services tax (GST) provide a declaration that the business has a turnover of at least $75,000 per year. Note: Only one $1500 rebate is available for each ABN. Not-for-profit organisations are not subject to the GST requirement but must demonstrate a turnover of more than $75,000 per year. If you have any questions regarding the guidelines for this rebate, or you would like assistance with an application or supporting documentation, please contact the team at Collins Hume in Ballina or Byron Bay on 02 6686 3000. Source: Service NSW