Australian Confirms Director ID Deadline: Current Australian directors will now be given 12 months to apply to receive their unique director identification number before fines of over $1.1 million kick in for non-compliance.

Existing company directors are required to apply for a director identification number (director ID) by 30^th November 2022. Directors of Indigenous corporations governed by the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (CATSI Act) must apply by 30^th November 2023.

The deadline, originally suggested by Federal Treasurer Joshua Frydenberg, was confirmed in a legislative instrument in late September by Senator Jane Hume, the Minister for Superannuation, Financial Services, and the Digital Economy.

Applications for a director ID are free and will open in November 2021 on the newly established Australian Business Registry Services (ABRS), administered by the Commissioner of Taxation.

Directors must apply for their director ID themselves, providing their myGovID alongside two identity documents from a list including bank account details, super account details, ATO notice of assessment, dividend statement, Centrelink payment summary, and PAYG payment summary.

New directors appointed between 1^st November 2021 and 4^th April 2022 have 28 days after appointment to apply. From 5^th April 2022, new directors must apply before appointment.

Directors failing to apply within the stipulated timeframe can face criminal or civil penalties of 5,000 penalty units, currently $1.11 million. Directors of a CATSI organisation can face penalties up to $200,000.

Penalties also apply for conduct that undermines the requirements, including providing false identity information or intentionally applying for multiple director IDs.

The legislation, covering over 2.5 million directors, ensures directors can be traced across companies and prevents the use of false identities.

The director ID will be attached to a director permanently, even if they cease to be a director, change their name, or move.

The government expects the director ID regime to help prevent illegal phoenixing and ensure director traceability.

Australian Government Introduces New Casual Employment Laws

The Australian Government has announced that businesses with long-term casual staff might face fines exceeding $66,000 if they don’t offer permanent positions.

Since 27^th September, employers must contact casual staff employed for at least 12 months with a written offer to convert to permanent employment.

The new rules, part of changes to the Fair Work Act, give casual employees the right to convert to permanent employment after 12 months if they have had a regular pattern of hours for the past six months.

Small-business employers, defined as businesses with less than 15 employees, are not required to offer casual conversion.

Employers are not required to make an offer if there are “reasonable grounds” not to do so, including redundancy or significant changes to work hours.

Businesses must write to an employee within 21 days after their 12-month anniversary to inform them of the offer, or reasons for not making it.

Employees have 21 days to accept the offer in writing; lack of response is considered a decline.

Casual employees can also request conversion after meeting eligibility criteria.

The Fair Work Ombudsman states that employers cannot reduce hours or terminate employment to avoid casual conversion.

Failure to make an offer can lead to penalties exceeding $66,000 for companies and $13,000 for individuals.

Unfairly denied casual employees can seek redress through the Fair Work Commission or Federal Circuit Court.