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PDF Editor FAQ

What process is required to start a business in Australia?

Complete and lodge ASIC Form 201 “Application for Registration as an Australian Company"; Obtain a certificate of incorporation and an Australian company number (ACN)To register a Pty Ltd company, the applicant must complete and submit an ASIC Form 201 ("Application for Registration as an Australian Company") and pay the prescribed fee of AUD 433.Any person to be appointed as a director or secretary of the company must have consented in writing to that appointment. Similarly, each shareholder of the company must have consented to become a shareholder.At least 1 director (and, if the company has appointed secretaries, at least 1 secretary) must ordinarily reside in Australia. The registered office of the company must be an address in Australia.The company may adopt its own constitution or rely upon the Replaceable Rules in the Corporations Act 2001.Prior to lodging the application for registration, the applicant should confirm the availability of the proposed company name. If no name is specified, the company will simply be referred to by its Australian Company Number ("ACN").Upon incorporation, ASIC will issue to the company a certificate of incorporation, which evidenced that the company has been incorporated on and from the date of issue.Register for ABN with the Australian Taxation Office (ATO)This procedure is required under the Income Tax Assessment Act 1936 and a new tax system (Goods and Services Tax) act of 1999.Depending on the company circumstances and location, it must comply with different taxation requirements:- If the annual company turnover is AUD$75,000 or more, the company must register for Goods and Services Tax (GST) by obtaining an 11-digit Australian Business Number (ABN). The annual company turnover represents its gross business income (not its profit). Companies with lower annual turnover may also choose to register for the Goods and Services Tax.- The application to ABN can be submitted electronically at the Business Entry Point, www.abr.business.gov.au. Otherwise, the application may be submitted by hard copy to the ATO. If the electronic submission is successful, the applicant will be provided with an ABN at the end of the Internet session. The ATO will also mail the ABN within 28 days of receipt of the application.-The company must deduct tax from employee pay, provide payment summaries, contribute to employee superannuation and report and issue payments to the ATO. Companies may also register for Pay As You Go (PAYG) at www.abr.gov.au. Otherwise, they may register with the ATO by postal mail or phone or through a tax agent. State and territory taxes (e.g., stamp duty, payroll tax, and land tax) may also be imposed, with requirements differing according to company location.- Companies with annual turnover of AUD$75,000 or more must register for an ABN. Failure to do so will result in GST being levied on all company sales since the required date of registration even if the sale price of any goods or services has not been grossed up to include the tax. Furthermore, the company may incur penalties and interest charges for any overdue payments.- Further information in connection with ABN, GST and PAYG registration may be found on the ATO website (www.ato.gov.au).Sign up for Worker Compensation Insurance at an insurance agencyThe Workers Compensation Act of 1987 and the Workplace Injury Management and Workers Compensation Act of 1998 state that the worker compensation insurance is a compulsory requirement for employers in Australia. The premium rate is based on description of the company’s main business.http://www.doingbusiness.org/data/exploreeconomies/australia/starting-a-business

I recently went through workers comp for a back injury. Should I disclose this to a new employer in the job application?

You are NOT required to disclose anything about your health to an employer.In terms of the application, the questions about having a disability along with all other questions regarding your background, like gender and ethnicity etc., are NEVER supposed to be seen by the hiring manager or company.This information is meant to be sent to the Equal Employment Opportunity Commission, since the Civil Rights Act of 1964 requires companies with certain qualifications to submit a report.[1]These questions should be in a category of the application labeled EEOC, Equal Opportunity, or something along those lines. These questions should always be optional, meaning you can answer them if you want, or leave them blank/select the “choose not to disclose” option.As for the background check, it should not include any information about workers compensation claims, because the Americans with Disabilities Act prohibits an employers from inquiring about an applicants’ workers’ compensation history before making a conditional offer of employment.After a conditional offer is made “an employer may inquire about a person's workers compensation history in a medical inquiry or examination that is required of all applicants in the same job category” but “an employer may not base an employment decision on the speculation that an applicant may cause increased workers' compensation costs in the future”.[2]If asked they are required to include in the question if you will be able to perform the duties of the job “with or without accommodation”, and from what you have said, it sounds like they should have no legal reason to hold this against you in the application process.Good luck!Footnotes[1] Answers to Filing Questions Often Asked by Employers[2] Americans with Disabilities Act

What questions are interviewers not allowed to ask?

1.Do not ask:What kind of child care arrangements do you have in place?Instead ask:Do you have any other commitments that may restrict you from working our core work hours of 8:00 A.M. – 5:00 P.M.?Why:The Family Medical Leave Act (FMLA) prevents discrimination against applicants and employees who have child rearing responsibilities at home. Employers in violation of this law are typically charged with Family Responsibilities Discrimination (FRD). For more information http://www.dol.gov/whd/fmla/2.Do not ask:How old are you? When did you graduate high school? How much longer do you plan to work before you retire?Instead ask:Do you meet the legal age requirements to work in this state? Are you 18 years or older?Why:The Age Discrimination in Employment Act (ADEA) protects individuals age 40 and above. The law is designed to help prevent ageism. Individuals 14 – 15 years of age have limited working capacity, and people 16 – 17 can perform non-hazardous jobs. For more information https://www.eeoc.gov/laws/statutes/adea.cfm3.Do not ask:Do you have any disabilities?Instead ask:Can you preform the basic functions of this position with or without accommodations?Why:The Americans with Disabilities Act (ADA) prevents discrimination against people with disabilities. This includes both physical and mental disabilities. If a qualified candidate meets the job requirements a “reasonable accommodation” must be made. For examples see http://odr.dc.gov/book/manual-accommodating-employees-disabilities/types-reasonable-accommodation Physical tests have to be performed on all candidates not just those with disabilities.4.Do not ask:Have you ever used drugs in the past? Do you drink socially?Instead ask:Are you currently using illegal drugs?Why:The Americans with Disabilities Act (ADA) intends to protect former or recovering addicts from being discriminated against. It is best to just avoid asking any drug questions at all. Human Resources will be performing a drug test anyway. More info here http://www.usccr.gov/pubs/ada/ch4.htm5.Do not ask:What is your race?Instead ask:You’re out of luck with this one. There isn’t an alternative. You just can’t ask about it in the interview. Although HR will ask them on the application…. I know, hypocritical right?Why:Human Resource departments keep track of the amount of applicants from a particular race to report for their Affirmative Action Plan (AAP). An APP is submitted to the government to show that companies are giving all employees, regardless of race, an equal opportunity in each position. Companies with government contracts are required to have this by law. Note that candidate’s disclosure is voluntary in the AAP. For more information https://www.dol.gov/general/topic/hiring/affirmativeact6.Do not ask:What is your national origin? Are you a U.S. Citizen? Where is your accent from?Instead ask:Once offered a position, will you be able to provide legal documentation of the right to work in the United States?Why:The Immigration Reform and Control Act of 1986 (IRCA) makes it illegal to discriminate with respect to firing, hiring or even recruiting against individuals citizenship, or immigration status. For more info visit https://www.eeoc.gov/laws/types/nationalorigin.cfm7 .Do not ask:Do you have any debt?Instead ask:Just run a credit report, no need to ask a question that could lead to a lawsuit.Why:The Fair Credit Reporting Act (FCRA) permits employers to request credit reports on job applicants and existing employees. Written permission is required first. Employers are also required to notify candidates before any ‘adverse action’ is taken, i.e. failing to hire, promote, or dismiss an employee. Employers can reject any job applicant who refuses to do a background check. More information at https://www.eeoc.gov/eeoc/publications/background_checks_employers.cfm8.Do not ask:What is your religion?Instead ask:Can you work the required hours/days for this role?Why:Title VII of the Civil Rights Act prohibits any discrimination against religious beliefs. This goes for both candidates and current employees. An employer must accommodate the employee’s beliefs, unless it creates an 'undue hardship' for the employer. Example: Having a co-worker cover a shift during an employee’s religious holiday. More info https://www.eeoc.gov/policy/docs/accommodation.html9.Do not ask:Are you married? What is your maiden name?Instead ask:Can you provide us with your full name? Have you ever worked under a different name? Do you have any other responsibilities that will prevent you from preforming the necessary tasks of the job?Why:Most illegal interview questions relate back to Title VII of the Civil Rights act of 1964, marriage discrimination included. The only question you need to ask yourself is, does this question directly relate to one of the necessary requirements of the job? If yes, you are good to go, if not, think of a better question.10.Do not ask:How much do you weigh?Instead ask:Are you able to lift boxes up to 50 lbs?Why:The Equal Employment Opportunity Commission (EEOC), has stated that being over-weight doesn’t constitute a disability. Although someone who is 100 pounds or more over-weight, may cross a threshold which could consider them “disabled,” in which case they will be protected by the Americans with Disability Act (ADA). It all depends on what constitutes the ‘necessary requirements of the job’ and of course the judge making the decision.11.Do not ask:Have you ever been arrested?Instead ask:Nothing, just don’t ask any questions related to this.Why:HR will conduct a background check that will reveal the extent of the candidate’s criminal history. Also note that the U.S. Equal Employment Opportunity Commission (EEOC) policy requires employers to weigh a variety of factors including nature of the crime, time elapsed, and relevance to the position. A disclaimer will be shown to the candidates, it states that criminal charges do not automatically constitute removal for consideration of the position. https://www.eeoc.gov/laws/practices/inquiries_arrest_conviction.cfm12.Do not ask:Have you ever brought a lawsuit against your employer? Have you ever filled workers’ compensation?Instead ask:Sorry, no alternative for this one. But have no fear, if you work for an ethical and law abiding company, unwarranted laws suits shouldn’t be a huge concern.Why:This question is illegal because of a combination of laws, but mainly from Equal Pay Act (EPA) of 1960. Obviously, it is designed to protect qualified employees/candidates from companies who fear potential future law suits. More information can be found here https://www.hg.org/employment-discrimination-law.html13.Do not ask:Do you belong to any organizations?Instead ask:Are you a member of any professional group that is relevant to this role?Why:It is just too easy for an organization to pick and choose candidates based on religion, race, gender, national origin, etc. with this question. Title VII prevents this question from being asked in interviews.14.Do not ask:What is your gender?Instead ask:I’m not sure why anyone is even asking this…. Just hope you are never in a situation where you need to.Why:With the exception of hiring actors, I can’t think of a reason why this question would be relevant to the job. Occasionally there is something called a BFOQ or Bona Fide Occupational Qualification, where a distinguishing discriminatory quality is necessary for a position. Example: requiring membership in a church to be become a pastor/priest, or a female needing to play the role of a mother in a television series. The EEOC would love to jump in and enforce Title VII, if you ask this question unjustly.If you are interested, you are welcome to join my facebook group to learn more about resumes, interviews, and finding the job you deserve.Original post found here: https://www.linkedin.com/pulse/14-best-interview-questions-ask-candidate-you-want-sued-russell

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