The WA Commissioner for Children and Young People has released an Issues Paper on mental health in children and young people.

Its overall goal is for a "more equitable, comprehensive and coordinated approach … to ensure services and programs that meet children and young people’s mental health and wellbeing needs are available wherever they live in Western Australia".

Prority mental health areas identified are:

Aboriginal and Torres Strait Islander children and young people. A large gap exists between the emotional and behavioural health of Aboriginal children and young people and those who are non-Aboriginal. Funding programs and services to ‘close the gap’ is a COAG priority. Aboriginal children and young people, especially those living with major trauma including grief and loss, abuse and neglect, should have access to culturally appropriate, community-based mental health services.

Young people in the justice system. There are significant numbers of young people in the justice system with mental health issues. There is a lack of structure or process to ensure mental health problems are identified and treated, including for those on remand or referred to juvenile justice teams. Government agencies that have contact with young people in the justice system must work together to manage the complex problems associated with young people’s offending.

Children and young people in care. Children and young people in care experience high rates of mental health problems. These children and young people need a comprehensive health plan that details their access to mental health assessments and the necessary services delivered by appropriate specialist agencies.

Children and young people experiencing domestic violence or who have parents with mental illness or alcohol or other drug problem. Adult services must take a child-centred approach, identifying and responding to the needs of the children of any adults using their service. A move towards child-centred services starts by listening to the views of children and young people and delivering their needs by improving policies, procedures and collaboration between agencies.

Suggestions for what needs to be done are:

The provision of adequate services to reflect need. Policies, programs and services should be provided at a level that reflects identified need across the spectrum from universal promotion and prevention to targeted early intervention and clinical services.

Recognition of the early years - early intervention and prevention. The early years are particularly important to a person’s future mental health and wellbeing. Newborns, young children and their parents/carers need access to high quality, universal, well coordinated services, including child health nurse visits and parenting programs.

Involvement of children and young people in mental health services. By actively incorporating children and young people’s views, programs and services will more effectievly meet their mental health and wellbeing needs and be more relevant to them.

The Australian Government has released the Disability Investment Group's report, commissioned as part of a commitment to set out a ten year agenda for coordinated, across-government action for Australians with disability.

The report, The Way Forward: A new disability policy framework for Australia, is an important contribution to the Australian Government's National Disability Strategy.

With the number of people with a severe or profound disability predicted to rise to 2.3 million by 2030, the Government recognises the need to look at how it can better support people with disability over the long-term.

The Government has already responded to the report's primary recommendation, announcing that the Productivity Commission will undertake a comprehensive feasibility study into a national disability insurance scheme. The Productivity Commission will investigate the feasibility of new approaches, including a social insurance model, for funding and delivering long-term disability care and support for people with severe or profound disabilities however they are acquired.

This will include detailed modelling and analysis to determine if a long-term disability care and support scheme would be appropriate, practical, economically responsible and whether it would fit with Australia's health, aged care, income support and injury insurance systems.

The Government and the Productivity Commission will also be advised by an independent panel of seven people who bring considerable experience across the disability sector, including Chair of Yooralla Bruce Bonyhady, Chair of the National People with Disabilities and Carer Council Rhonda Galbally, and Australian Medical Association President Andrew Pesce.

The Productivity Commission will report to the Government in July 2011.

The Disability Investment Group was established by Community Services Minister Jenny Macklin and Parliamentary Secretary for Disabilities Bill Shorten last year to provide advice on ways to explore funding ideas from the private sector to help people with disabilities and their families access greater support and plan for the future.

The report also makes recommendations on employment, housing and research. These recommendations will inform the Government's policy consideration in developing the National Disability Strategy.

The report can be found here .

A recent decision by the Full Bench of the Australian Industrial Relations Commission has gone some way to tackle some of the flaws of the new awards system, due to commence in several weeks.

The State’s peak organisation representing local business, CCI, is pleased the national industrial relations umpire has listened to many of the concerns raised by local business and has acted to make the system fairer.

In a sign that the AIRC is sensitive to the needs of employers, it has agreed to make a number of changes to several key awards, including:

• The Miscellaneous Award has been improved by not covering professional employees.

• Important changes have been made to the Local Government Industry Award to allow greater flexibility in the hours worked by full-time and part-time employees.

• Attempts to increase penalty rates in the restaurant and catering industry have been rejected.

Today’s decision by the Commission will assist Western Australian business and industry prepare for the most significant shake-up of Australia’s industrial relations awards system in its history. More than 1500 awards will be reduced to 122 by the end of the month.

Despite today’s changes, CCI remains concerned the new system will impose more regulation on employers and potentially add to the cost of doing business across the nation.

CCI urges Western Australian businesses to seek expert advice on what the new award system will mean for their business before the changes come into force on 1 January next year.

The number of people using disability support services increased from 188,000 to 245,700, between 2003–04 and 2007–08, according to a report released recently by the Australian Institute of Health and Welfare (AIHW).

This represents a 31% increase in service users over the four years. But, over the same four years, total government spending on specialist disability services increased in real terms by 22%.

Of the different types of services available, respite and employment services had the highest increases in service users, at 53% and 40% respectively over the period.

According to the report, about 31,500 people used respite services in 2007–08. Use of respite services has grown from 96 users per 1,000 people in the target population in 2003–04 to 137 users per 1,000 in 2007–08.

Government spending per respite service user fell by 16% over the period, although total expenditure on respite rose by 29%.

Close to 11,000 outlets delivered services funded under the Commonwealth State/Territory Disability Agreement in 2007–08 - an increase of almost 25% since 2003–04.

The report also found that specialist disability employment services were provided almost entirely by non-government organisations and three-quarters of people who received state and territory-funded services accessed those services through non-government organisations.

Intellectual disability continues as the most frequent primary disability, accounting for around one-third of service users in 2007–08. The service user population is ageing and of growing cultural diversity.

Over 112,000 people who used specialist disability services in 2007-08 also had a personal carer, with nearly 60% of these carers being the mothers of the service user.

The report is available at http://www.aihw.gov.au/publications/index.cfm/title/10751.

The global economic slowdown has not deterred Western Australians from spending this Christmas.

The latest Curtin Business School-CCI Survey of Consumer Confidence provides another encouraging sign that the local economy is gathering pace, with nearly two thirds of local consumers revealing they plan to spend the same amount this Christmas as they did last year.

The latest quarterly survey, which is the State’s first and only assessment of consumer sentiment, sought the views of more than 400 people across the State.

Nearly two thirds of respondents say they plan to spend more than $250 on Christmas presents, while half plan to spend the same amount on other items related to the festive season.

On the other hand, 5% won’t be buying presents this year.

CCI chief economist John Nicolaou said this was good news for Western Australians and the local economy.

"Strong consumer spending during the festive season will be a much needed shot in the arm for local retailers after a challenging year and ensure we start the New Year on a positive note,” he said.

Consumers were also asked how they plan to fund their Christmas purchases. Almost 90% said they will dip into their savings, compared to just 2% which will rely on credit.

A majority of respondents said they will take advantage of extended Christmas trading hours which start this week. Almost half said they will shop on weeknights, while a further 52% planned to shop on Sundays.

The greatest support for extended trading hours was among younger Western Australians, with 64% planning to shop on weeknights and around three quarters on Sundays.

Shoppers will use the extra hours to buy groceries, gifts, clothing and footwear.

WA consumers are growing in confidence that 2010 will be a better year.

Nearly half of all respondents believe the local economy will improve in the coming three months, while a further 80% believe conditions will strengthen over the year ahead. This compares to just 18% six months earlier.

Many respondents believe it is a good time make major household purchases, and buy property.

News on the jobs front is also positive. A growing number of Western Australians believe their ability to find work is improving. Meanwhile, the number of people who believe it has become more difficult to find work has halved since the last survey.

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From 1 January 2010, Migration Regulations have been amended to preserve the base rate of pay (at the existing Minimum Salary Level) for people who were granted a Subclass 457 (Business (Long Stay)) visa on the basis of a nomination approved prior to 14 September 2009 to perform an Information and Communication Technologies (ICT) activity.

Information and communication technology activity means any of the following occupations mentioned in the ASCO:

• 1224-11 Information Technology Manager – Computer Services Manager
• 2231-11 Systems Manager 
• 2231-13 Systems Designer 
• 2231-15 Software Designer 
• 2231-17 Applications and Analyst Programmer 
• 2231-19 Systems Programmer 
• 2231-21 Computer Systems Auditor
• 2231-79 Computing Professionals (not elsewhere classified).

The Migration Regulations have been amended to prescribe, that:

• the base rate of pay for 'ICT regional' activities must not be less than $55 725; and 
• the base rate of pay for 'ICT non-regional' activities must not be less than $61 920.

Sponsors must ensure that the terms and conditions of employment provided to a primary sponsored person are no less favourable than the terms and conditions of employment that the person provides, or would provide, to an Australian citizen or an Australian permanent resident to perform equivalent work in the person’s workplace at the same location.

The purpose of the amendment is however to ensure that Subclass 457 visa holders who are currently being paid an ICT MSL ($61 920 for non-regional ICT occupations or $55 725 for regional ICT occupations) cannot have their salary cut from 1 January 2010 when Migration Regulations will govern the salary requirements that will apply.

For further information, contact CCI Migration Services (MARN 0318589) on (08) 9365 7521 or email migration@cciwa.com.

The recent 457 visa reform measures brought about by legislative changes in September 2009 has meant that employers seeking to become sponsors of temporary overseas employees have to fully understand their obligations which they are bound to under law once they become approved business sponsors.

Recent immigration queries however indicate that some employers are still not aware of certain sponsorship obligations and face the risk of non-compliance and the prospect of sanctions.

ICC has announced a revised version of the Uniform Rules for Demand Guarantees (URDG) destined to apply to hundreds of billions of dollars of demand guarantees securing monetary and performance obligations in a wide array of international and domestic contracts.

The revised rules, the first in 18 years, were formally adopted by the ICC Executive Board at its meeting in New Delhi and will enter into force on 1 July 2010.

The URDG have gained increasing worldwide acceptance over the years. They are adopted by the International Federation of Consulting Engineers in their model guarantee forms and were later incorporated by the World Bank in all of its unconditional guarantee forms. The rules have also been endorsed by the United Nations Commission on International Trade Law. National lawmakers have used them as a model for independent guarantee statutes.

ICC Chairman Victor K. Fung stated that the revised URDG rules are the latest example of ICC’s leadership in writing the rules that govern some $14 trillion of international trade. Furthermore since its founding in 1919, ICC has been writing rules to facilitate cross-border trade and investment. ICC rules are globally accepted in the fields of banking, customs, marketing, advertising and trade finance.

Comprising of 35 articles, the URDG rules set out the liabilities and responsibilities of the parties at each key stage of the lifecycle of the guarantee. The changes include innovative treatments of payment contingencies and more precise language for determining whether a presentation made under a guarantee or counter-guarantee, whether paper-based or electronic, is a complying presentation. These changes are expected to curb the rate of rejection of demands and increase the certainty of the instrument.

ICC Secretary General Jean Rozwadowski advised that it was a collective effort that produced rules reflecting a broad consensus amongst bankers, users, and all members of the guarantee community. A result of an ambitious project to create a new set of rules for the 21st century that was clearer, more precise, and more comprehensive and also offered a fair balance between parties with competing interests and doing so in innovative ways.

In international sales, whereas a documentary credit assures the exporter of being paid upon the presentation of complying documentation showing that shipment is made, a demand guarantee provides protection to the importer against non-performance, or late or defective performance, by the exporter.

The revision of the URDG spanned two and a half years, and was a cooperative effort by ICC’s Banking Commission and its Commission on Commercial Law and Practice, made up of representatives from banks, companies and law firms worldwide.

The Fifth Congress was hosted by INTERPOL and the Mexican Institute of Industrial Property with support from the World Customs Organization (WCO), the World Intellectual Property Organization (WIPO), ICC through its BASCAP initiative, the International Trademark Association (INTA), and the International Security Management Association.

Government officials, business leaders and senior law enforcement authorities urged both national and international political and business leaders to fully engage in the battle against counterfeiting and piracy as one element of economic recovery efforts.

Increased action is required in order to combat Counterfeiting and Piracy and reduce the impact of fake goods. The economic crisis has exacerbated a problem estimated to cost the global economy US$250 billion annually, 2% of world trade, up from US$200 billion in 2007.

The scheduled commencement date for all new modern awards is 1 January 2010, yet much confusion still remains over what actually happens with employee entitlements in the New Year and what employers need to be doing now to get ready for the changes due to take effect in a matter of weeks

The Full Bench of the Australian Industrial Relations Commission (‘the AIRC’), which is the body drafting all new modern awards, issued a decision on 2 September 2009 providing some clarity on what will happen after the modern awards commence operation. The decision introduces a five-year phase-in period for monetary differentials between current wage obligations and wage obligations prescribed in modern awards. The decision also delays the commencement of the phase-in provisions for a period of six months. The effect of the decision is that employers will not incur additional cost as prescribed in any modern award that covers them until 1 July 2010. When the additional costs need to be applied at that time, only 20% of any monetary differential that exists need be applied.

The phase-in provisions require employers to move towards the monetary provisions contained in the relevant modern award by 20% per annum over a five year period. The aim is to ease employers and employees into the modern award terms and conditions, allowing for sufficient time to adjust prices and restructure rostering systems.

Phased in arrangements or ‘transitional provisions’ include minimum wages for:

• adult employees
• junior employees
• employees to whom training arrangements apply
• employees to whom support wage system applies.

Transitional provisions also include casual and part-time loadings, Saturday, Sunday, public holiday, evening work and other penalties and shift allowances. These changes are not intended to act as a substitute for any increases to the national minimum wage, which must also be included in any minimum wages when calculating employee entitlements.

The transitional provisions will not require an employer to maintain or increase over award payments. The AIRC has incorporated into modern awards an absorption clause which will allow employers paying over award payments to absorb increases until such a time as the award rates surpass the over award payments.

In cases where transitional provisions result in a reduction of an employee’s take home pay, they may apply to Fair Work Australia to be issued with a Take Home Pay Order that maintains their pay at the level it previously was before the transitional provision that reduced their pay took effect.

The AIRC is currently in the process of inserting transitional provisions into the modern awards and, where necessary, a model clause dealing with related matters such as commencement of the transitional provisions.

For further information, please contact CCI’s Employee Relations Advice Centre on (08) 9365 7660 or email advice@cciwa.com.

The Government of Victoria and the Australian Trade Commission (Austrade) have combined resources to boost exports of automotive components, technology and services to Asia which will also attract new inbound investment.

Marin Pakula, Victorian Industry and Trade Minister, stated that the arrangement was a great example of inter-government co-operation supporting the nation’s vital automotive sector. This initiative will help Australian businesses further capitalise on opportunities that exist in the automotive industry in China.

Victoria has taken a strong lead in promoting local capabilities worldwide and is Australia’s leading automotive State. The agreement is expected to create an even stronger impact in China, India, Thailand and Korea where new automotive specialists will be located in order to build relationships between indigenous and Australian automotive companies. Australia’s automotive exports to China were worth $79.3 million in 2008.

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At a breakfast hosted by Austcham Shanghai recently, Lyndall Sachs, the newly appointed Commissioner General for Australia, announced that planning was well underway for around 200 of Australia's planned 200-250 events at Shanghai World Expo 2010.

All business program events will be held in the Australian pavilion's dedicated VIP facility, designed to impress visitors with fine Australian food, wine, bilingual staff, and cultural performances.

The business program is a key component of Australia's $83 million commitment to Shanghai 2010, the largest investment Australia has ever made in a world expo.

The program will cover a diverse range of industry sectors including Australia's world class financial services; green building and renewable energy; resources; biotechnology, education; and information and communications technology.

Ms Sachs, on her first visit to Shanghai as Commissioner General said, "Our targeted business program will provide a valuable platform for strengthening Australia's already strong relationship with China and showcasing Australian creativity, innovation and commercial capability.

"I am delighted to see that Australia's program of business events is taking shape so rapidly. This is testament to the importance Australia places on the Shanghai World Expo, and on China, and I look forward to welcoming our Chinese and Australian guests to the pavilion next year."

The Department of State Development is coordinating Western Australia's involvement in the Shanghai World Expo 2010, in which more than 170 nations and at least 40 international organisations expected to take part.

More than 70 million people are expected to visit the Expo, with seven million visiting the Australia Pavilion managed by the Department of Foreign Affairs and Trade (DFAT). Expectations in Shanghai are high, matching the excitement felt in Beijing during the Olympic Games.

The theme of Expo 2010, running from 1 May to 31 October 2010 is "Better Cities, Better Life" and will feature an “Urban Best Practice Area” on sustainable urban environments.

The Expo site will cover 5.28 square kilometres on the banks of the Huangpu River in central Shanghai and is reclaimed industrial land.

Western Australia's Expo presence will be complemented by Ministerial-led trade and investment missions focused on industries of significant importance to the State's trade with China, including:

• Agriculture and Food 
• Design and Construction Services 
• Education and Training
• Mining, Oil & Gas.

These missions will visit the Shanghai World Expo 2010 and other Chinese regions of strategic economic significance to Western Australia.

CCI is working closely with the State Government on the planning of Western Australian activities at the Expo. CCI will also be organising one of the twice a year CCI Business Missions to China to coincide with the running time of the World Expo.

Anyone interested in visiting China next year should contact Keith Seed at CCI on (08) 9365 7637 or email keith.seed@cciwa.com.

The term constructive dismissal is used  to describe a situation in which an employee resigns against his or her will. Tribunals have generally held the view that this type of dismissal will occur when, in the light of the evidence, the circumstances were ‘constructed’ in such a way that the employee was forced to resign.

The new Fair Work Act 2009 includes a provision which notes that a person will be deemed to have been dismissed at the initiative of the employer if 'the person resigned from his or her employment, but was forced to do so because of conduct, or a course of conduct, engaged by his or her employer' (Section 386 (1) (b)). 

Whilst the term can be defined widely, as a general rule of thumb a Tribunal will ask the question was the employee ‘pushed’ or 'did they jump'? In other words, if pushed, they have not had an alternative but to resign and have therefore been constructively dismissed.  However if they have 'jumped', it is considered that the employee has had opportunity to consider his/her position and has decided to resign. This is often a very fine distinction and depends heavily on the facts of the matter.

• Individual:
• Corporate Table: 

The RTA is pleased to let you know that they now have the AussieHost Customer Service program available for all businesses. 

AussieHost Customer Service Skills is a comprehensive program designed to upgrade the standards of service and hospitality provided to a customer in any service environment throughout Western Australia or in fact any general business.

The AussieHost Customer Service skills program represents a collective effort by businesses, communities and individuals to maximise the opportunities and benefits of good service to all West Australians. After all, it is the customer (internal or external) that is the continued key to your business success. Attaining a company focus to improve in this key area is what AussieHost is established to achieve for your business.

Learning outcomes will include:

a) be more courteous, professional and improve communication

b) greater awareness of the importance of the customer (internal or external)

c) better able to anticipate potential problems, take action to minimise

d) handle complaints with sensitivity, courteously and with discretion

e) willingness to assist, verbally or non-verbally

f) be more aware of cultural differences, and how to communicate through language barriers

g) use questioning to improve communications and minimise misunderstandings

h) encourage, acknowledge and act upon constructive feedback

i) follow up to attain results

j) better understand interactions and how to improve them within your business

k) complete allocated tasks willingly and according to timeframes

l) understand skills to maintain customer contact to completion of sale

m) how to encourage repeat business

The RTA encourages you to awaken the opportunities within your business. Better service is better business. By training your staff, giving them better skills and a broader ‘all business’ outlook you will achieve greater efficiency and more productivity, which will result in the need for less staff to achieve much, much more than previously.

Make your company a Certified AussieHost Service Provider today. Display the AussieHost symbol in your store and become recognised by your peers and all West Australians for your better attention to customer service.

The Hon. Troy Buswell MLA, Minister for Science and Innovation, recently announced his response to the independent review of the WA Government’s support for science, technology and innovation.

CCI welcomed the Minister’s intention to create a strategic vision that is aligned with industry, and now encourages the new Council for Science and Innovation to quickly get done to business.

A key action by Government was to create an independent Council for Science and Innovation and abolish the Technology and Industry Advisory Council and the Premier’s Science Council.

The Government’s move to more closely align the Council to industry reflects CCI’s continued advocacy on innovation over the last 12 months, and the positive work of CCI’s Innovation Working Group.

The Council will be responsible for both the big picture strategy for science and innovation in WA and also for creating tailored business plans for the individual industry and government sectors.

An interim advisory board has been tasked will establishing the Council and will be chaired by resources and technology expert Mr Charlie Morgan.

Other recommendations include the retention of the Chief Scientist, Professor Lyn Beazley, who has received extensive acclaim from industry for her efforts to promote science in WA.

Innovation, technology and science are a critical building blocks to improve WA’s productivity and ensure the State’s economic growth continues.

As part of CCI’s continued advocacy for innovation policy, CCI will approach the Council to ensure industry’s concerns and opportunities for innovation are addressed.

The independent report can be downloaded from here. I:\Industry Services\Sharon Dignard\Innovation\Key issues\Government Policy\Science and Innovation Council\Advisory bodies - Department of Commerce 7 Dec 2009.mht 

The Federal Government has announced Leighton Holdings, owner of Nextgen Networks, as the successful proponent of the backhaul blackspots initiative, which will see the construction of a backhaul telecommunications link from Perth to Geraldton.

This link is the first step towards the National Broadband Network. It will provide six backbone access points along the way and service communities such as Geraldton, South Geraldton, Bluff Point, Dongara and Port Denison. It potentially has an accessible market of over 30,000.

However, the terms and conditions for which the Government has provided this funding are not clear, which will ultimately determine the access price and competitiveness of this infrastructure. Both are fundamental components for all telecommunications providers in the region to make effective business decisions.

Terms and conditions are expected to be released shortly by Nextgen Networks.

Nor is it clear how this infrastructure will integrate into the future National Broadband Network Company established to roll out optical fibre for high speed broadband to homes and businesses.

Of the $250 million allocated to this initiative across Australia, WA has received almost 10 per cent.

Questions still remain about the future regulatory environment, as the Telecommunications Legislation Amendment (Competition and Consumer Safeguards) Bill 2009, as discussions in the Senate were recently adjoined until the first sitting of parliament in 2010.

Given the upcoming Federal election cycle this Bill is likely to remain a highly debated and political topic for 2010.

To comment or received further information please contact Ms Sharon Dignard, Senior Adviser Business Policy on phone 08 9365 7531 or email Sharon.Dignard@cciwa.com.