Original

Selection
PPE must be provided in a variety of sizes, or be adjustable so that it can accommodate all relevant personnel.  It should take into account any ergonomic requirements and the state of health of the user. The use of PPE must be consistent with the type of hazard present as determined by a risk assessment. If more than one risk has to be controlled, it may be necessary to wear more than one item of PPE  – in this situation, all items of PPE worn must be compatible with the other(s). Employees should participate in the PPE selection process to ensure ease and acceptance of use.
Maintenance
Maintenance programs for PPE should include provisions for decontamination, cleaning, inspection and storage.  Employees should be prohibited from laundering PPE at home to maintain the protective characteristics of the materials.

138 words | Readable.com rating: C
Flesch-Kincaid Grade Level: 10.1

Improvement

Choosing PPE
Risk assessments identify when and where PPE is needed. The PPE chosen must effectively control the risk identified in the risk assessment. Employees will be involved in PPE selection so they will accept its use. PPE must be provided in a variety of sizes or be adjustable. It must also be compatible with any other PPE required.
Maintaining PPE
All PPE will be kept in good condition. Maintenance programs must make sure PPE is decontaminated, cleaned, stored and inspected. Employees must not clean PPE at home. Professional cleaning will maintain the protective characteristics of the materials.

98 words | Readable.com rating: A
Flesch-Kincaid Grade Level: 8

Original

In recent years business has come to recognise the benefits delivered by proper use of Social Networking. Breaking down organisational silos, leveraging the knowledge of our people, and providing a powerful tool for aligning our teams to the executive vision by use of social networking.
The key drivers behind this program are:
Functionality – The XYZ Program required functionality the existing solution is unable to provide including limitations in respect to auditing, self service and meeting APRA guidelines.
Consolidation – AAIM will consolidate multiple existing Identity Management solutions with an industry leading supported solution.
Risk Remediation – Improve business continuity with increased automatic access provisioning; improve information security with greater access management controls; privileged request and approvals, automated de-provisioning, separation of duty and user access review processes.
The AA Identity Management (AAIM) Program was approved by CIO xxx and yyy in Dec-12. The Program scope is the implementation of the AAIM solution and the migration of all applications from existing disparate toolsets organisation wide.
Identity management systems are designed to grant, revoke and prevent employees exceeding their authorised access by automating and enforcing compliance. A project to move our systems to AA Identity Management (AAIM) was approved in Dec-12 and is now part of the xyz program.

205 words | Readable.com rating: E
Flesch-Kincaid Grade Level 15.1

Improvement

The benefits of social networking are clear to the business. If used properly, social networking can provide a powerful tool
– to break down organisational silos
– leverage the knowledge of our people
– for aligning our teams to the executive vision.
The AAIM platform provides a single platform to manage internal and third party identities.
The key drivers of this program are:
Functionality. The XYZ solution design and architecture, and that of future solutions, needs a scalable single platform to manage identities of business partners and customers. The existing solution cannot provide this.
Compliance and risk. AAIM will reduce fraud and accidental errors. It will prevent inappropriate access, and will remove access when no longer required.
Simplification. AAIM will consolidate multiple existing identity management solutions into a single platform.
Productivity. AAIM will increase business agility. The increased automation will rapidly provision access.

139 words | Readable.com rating: C
Flesch-Kincaid Grade Level 10.8

Original

Obtain and review the Will
A Will is an essential legal document that outlines your testamentary intentions as to the distribution and allocation of a person’s assets upon their death. A properly drafted Will will help to ensure that your estate is disbursed in accordance with your wishes. A Family Provision Claim begins with the terms of the relevant Will. Where a Will does not provide for a person that legitimately deserves something from the deceased’s estate, a Court is empowered to make orders to effect a just provision from the estate for that person.
Example
Tom’s father, David passed away five years ago. When David passed Tom left his job and moved in with his mother, Alison. Tom lived with and cared for Alison for two years, relying on his mother’s savings and income from investments as his only source of income. At the end of those two years Tom and Alison had a falling out and Tom moved out. Tom has since been in between jobs but has found it difficult to obtain consistent employment. Tom has kept in contact with Alison to ensure she is being looked after but their relationship still remains tense. Five years after David’s death Alison passed on also, as a result of her earlier falling out with Tom, she amended her will and took Tom out of it. Tom is now seeking Family Provision from Alison’s estate.In the above example Tom may make a legitimate Family Provision Claim on the basis that:
– He is Alison’s son.
– He left his job to care for her and was dependent upon her for a source of income as a result.
– He has found it difficult to re-enter the workforce and obtain a consistent source of income.However because Alison removed Tom from her will, probably because of their falling out, he would receive nothing under her Will. This is why obtaining and reviewing the relevant Will is the essential first step in the process.
Obtain legal advice
It is essential to obtain legal advice where you believe you have a legitimate Family Provision Claim. Often in this area people have rights that they either are not aware of or do not know how to assert. It is important to recognise that Parliament has created this process of obtaining greater provision from an estate for people with legitimate reasons. However this process typically involves either some form of negotiation/mediation or Court involvement, making the obtaining of legal advice and legal representation highly recommended.
Example
Kristy is a very close friend of Charlotte’s. Four years ago Kristy was involved in a very bad accident. She underwent surgery and took several months to recover and still suffers from some mobility disabilities. After the surgery Charlotte was worried about Kristy living by herself, seeing as though Charlotte had a spare bedroom she kindly offered it to Kristy. When Kristy first moved in she was dependent upon Charlotte for several months as she was still recovering and could not work. As Kristy became more mobile she has been working more and more but has remained living with Charlotte. Charlotte unexpectedly passed away recently. All that Charlotte’s Will had in it was to distribute her estate to any surviving family relatives.In this example it would appear that Kristy has no right, or even reason to think she has an entitlement to provision from Charlotte’s estate. However in the Succession Act, that contains the law governing Family Provision Claims, Parliament has stated that where a person is/was a member of a person’s household and is/was wholly or partially dependent upon them they may be entitled to an order for Family Provision. Consequently Kristy is well within a category of person eligible to make a Family Provision Claim, but she may never have known this if she had not obtained legal advice.
Negotiate with Executor
Any matter that goes to Court is going to result in extra expenses. Because of this it is always prudent to first contact the Executor of an estate to negotiate a compromise if you are unsatisfied with the provision made for you under a Will. The Executor will also be able to put you in contact with any other beneficiaries under the Will, with whom you may be able to negotiate with as well.
Initiate Court proceedings
Where negotiation has been unsuccessful, the next step in the process is to commence proceedings in Court. How to commence proceedings is outlined by the Practice Note for the Supreme Court Family Provision List which can be obtained here: http://bit.ly/1LP9p5yWhen you formally initiate your family provision claim by filing a Summons with the court then you become the plaintiff. The Practice Note of the court outlines what documents you must have and file with the court when you file the Summons.Breaking down the Practice Note
There are three sets of documents that the Practice Note states a plaintiff has to provide with their Summons. These are:
1. Plaintiff’s Affidavit
2. Notice of any eligible persons
3. Affidavit setting out estimate of plaintiff’s costs and disbursements.
1. Plaintiff’s Affidavit
An affidavit is a statement that is sworn by oath or affirmation and is used as evidence in court. There is a particular layout that the Plaintiff’s Affidavit must have which is outlined in Annexure 1 of the Practice Note. Here at Frank Legal we have developed a client-friendly version of the Affidavit that ensures that what can potentially be an arduous task in filling out this form, can be completed with as little hassle to our clients as possible.
2. Notice of Eligible Persons
This is a list of all the people and their addresses (if known) who are eligible persons in relation to the estate.
It is important to note here that generally an application of a family provision order is made after probate has been obtained. This involves the registration of the will before the court, which will then validate it and allow the deceased’s assets to be distributed according to it. Consequently, once probate has been obtained an applicant is aware of who will be receiving anything from the estate. This can serve as a basis upon which to start a list of eligible persons. In addition once proceedings have commenced it is also the executor or administrator’s duty to notify any eligible person that claim has been brought. The purpose of this is so that all family provision claims relating to the estate can be resolved in the one matter.
3. Affidavit of plaintiff’s costs and disbursements
This is a sworn document with the plaintiff’s estimated costs and disbursements. This document details costs regarding such things as legal fees, obtaining evidence and engaging barristers.
Comply with Court directions
At the first directions hearing the Court will give directions to both parties to make information available to the other so that they may make a realistic assessment of their respective cases. The defendant/s (typically the Executor, but may include other beneficiaries) will already have a copy of the plaintiff’s affidavit that was filed with the Summons. However typically it is at this point that a defendant’s affidavit will be filed to inform the plaintiff of the nature and value of the estate.
Defendant’s Affidavit
At the initial hearing the Court will direct the defendant to serve their own affidavit. The main purpose of the defendant’s affidavit is to detail the size, state and value of the estate. The defendant’s affidavit must include:
– A copy of the Will and the Probate or Letters of Administration
– Description of nature and value of the assets and liabilities of the deceased at the time of death.
– What is or is likely to be the nature, and an estimate of the value of:
• The assets and liabilities at the date of swearing this affidavit;
• Any property of the deceased that has already been distributed and the date of that distribution;
• Gross distributable estate, not including costs of proceedings.
– Description of nature, and estimate of value of any property that is the subject of any prescribed property transaction (see glossary).
– Name and address of any person who is the subject of a prescribed property transaction.
– Any testamentary and other expenses, including liabilities, paid out of the estate.
– Estimate of executor’s costs
– Names and addresses of every person who is, or may be:
• An eligible person
• Eligible person under a legal incapacity
• Beneficiary
• Person holding property as trustee or otherwise.
In addition the defendant’s affidavit can dispute any of the facts contained in the plaintiff’s affidavit.
Additional documents
As mentioned prior the Court may also direct that any other relevant documents or information is made available by one party to another based upon the circumstances of the case.
Mediation
Unless ordered otherwise, all proceedings involving a Family Provision Claim will be referred to mediation during this initial hearing.
Mediation is a form of Alternative Dispute Resolution [ADR] before a mediator, especially mediation prior to the commencement of court proceedings or at the latest shortly after the commencement of proceedings. This is not always possible because of the reluctance of the other party or their solicitor to engage in the process at that time. Mediation, if successful usually results in a considerable saving of legal fees. This is why Frank Legal highly recommends mediation and will always endeavour to obtain a successful outcome at a mediation where we represent a client.
The Role of the Mediator
Firstly, it must be noted that mediators are facilitators and are not judges. A mediator does not decide who wins, instead the mediator will often point out the difficulties of a particular case from each of the parties’ perspectives. Additionally it is not the role of the mediator to make a judgement on the likely outcome of the dispute if it were to continue in Court.
The ordering of mediation
As mentioned prior unless ordered otherwise, all proceedings involving a Family Provision Claim will be referred to mediation during the first directions hearing. In addition:
– The court has power to order mediation with or without the consent of the parties.
– The court can make directions relating to mediation and the requirements for notifying the court on the completion of the mediation.
– Mediation can be conducted by a private mediator paid for by the parties; or
– Mediation can be conducted by a Registrar of the Court.
– A Mediator, by court order of the Supreme Court can be appointed pursuant to the terms of the Joint Protocol, set out in the Supreme Court Practice Note, in circumstances where the parties cannot agree upon the identity of a mediator.
The Parties duty to participate in Good Faith
Any form of mediation is required to be participated in good faith. This means that parties must make a genuine attempt to reconcile and resolve the dispute and not be unnecessarily objectionable.
Confidential and judicial privilege
– All parties and their representatives are required at the commencement of the mediation to agree that the matters discussed in the mediation and any agreements reached are confidential.
– Matters discussed in the mediation and any agreements reached cannot be discussed with other people except with legal representatives and as otherwise authorised by law.
– All mediations are conducted on a “without prejudice basis” and attract judicial privilege.
– Evidence of anything said or any document produced at a mediation cannot be used in the proceedings if settlement is not reached.
Mediation before a Registrar
– Mediation before a Registrar is at no cost to the parties other than the costs of their legal representatives.
– Registrars are qualified mediators and are very experienced.
– The court will set a date but there will not be a directions hearing.
– The Registrar who has been appointed to mediate will read only what is on the court file unless the parties arrange to file further material.
Private Mediation
If you wish to appoint a private mediator then we will:
– Identify two or three suitable mediators
– Negotiate a fee and confirm the mediators’ preferred arrangements
– Negotiate with the legal representative of the other party regarding the appointment of a mediator, preferably your preferred mediator.
The mediator will appoint a time for a directions hearing with the parties’ legal representatives to agree on the form of the mediation, date and venue, what documents are to be read by the mediator, whether position papers are to be prepared and to determine parties’ authority to settle and any other matters relevant to the mediation.
Mediation Settlement Agreements
– At mediation any agreement is reduced to orders or an agreement.
– Orders are then made by the court, including orders disposing of the proceedings.
– The court may enforce any agreement or arrangement reached by the parties at mediation.
Court determined outcome
Over many cases the courts have developed what has been called the “Two-Stage Process” to come to a decision on firstly whether or not an order for family provision should be made, and secondly what that order should consist of. However before the Court embarks on determining the two-stage process, it must first determine if the plaintiff is an eligible person.
Determining Eligibility
The Succession Act states the categories of people that are ‘eligible’ to bring a Family Provision Claim:
– Deceased’s spouse or de facto partner
– Deceased’s child
– Deceased’s former spouse
– Any person who was/is a member of the deceased’s household AND was/is partially or wholly dependent on the deceased
– Any person living in a close personal relationship with the deceased.
– Deceased’s grandchild, provided they lived with and were dependent on the deceased
The two-stage process
After determining that the plaintiff is an eligible person, that has been described in a recent case as a ‘necessary pre-condition’, the Court will then proceed to resolve the two-stage process.
First Stage: In this stage the Court determines whether or not it has the jurisdiction to make a family provision order. The Court will only have jurisdiction where it finds that the applicant has not been provided with ‘adequate provision’ from the will. A determination of whether or not ‘adequate provision’ has been made requires the court to look at:
– Any relevant factors in the applicant’s financial and social circumstances; and
– Relationship between applicant and deceased; and
– Relationship that any other potential applicants may have with the deceased; and
Consequently this stage requires the Court to resolve the question of whether or not a family provision order should be made.
Second Stage: In this stage the Court is required to re-examine the factors it considered in stage one in addition to other considerations in coming to a decision on what to actually award the applicant. It is important to note that merely because an applicant was successful in the first stage does not mean they will receive anything in the second stage because of the discretion that the Court has in this stage.
Consequently, this stage requires the Court to resolve the question of what the plaintiff should get in the order.

2493 words | Readable.com rating: C
Flesch-Kincaid Grade Level 10.3

Improvement

A will is a legal document that states what a person wants to happen with their estate (the things they own) when they die. It describes who gets what. Wills should be properly drafted so that the estate is dealt with as the person wanted.
Contesting a will
You may be able to contest the will if:
– you legitimately deserve something from the deceased’s estate but have been left out of a will, or
– you have not been provided for properly in the will.
Contesting the will involves making a Family Provision Claim. If your claim is successful, you may receive part of the estate even though you have not been included in the will.
Only certain people are able to contest a will. People who may be eligible to make a Family Provision Claim are:
– Deceased’s spouse or de facto partner
– Deceased’s child
– Deceased’s former spouse
– Any person who was/is a member of the deceased’s household AND was/is partially or wholly dependent on the deceased
– Any person living in a close personal relationship with the deceased.
– Deceased’s grandchild, provided they lived with and were dependent on the deceased
Example – Family member excluded from a will
Tom’s father, David, passed away five years ago. When David died, his son Tom left his job and moved in with his mother, Alison. Tom lived with and cared for Alison for two years. He relied on his mother’s savings and income from investments as his only source of income.
At the end of those two years Tom and Alison had a serious disagreement and Tom moved out. Tom has since had some odd jobs but has found it difficult to find consistent work. Tom has kept in contact with Alison to make sure she is being looked after, but their relationship remains tense.
Later, Alison also died. Before she died, Alison took Tom out of her will because of their ongoing disagreement. Tom would receive nothing under her will.
Tom may make a legitimate Family Provision Claim on the basis that:
– He is Alison’s son
– He left his job to care for her and depended on her for his sole source of income.
– He has found it difficult to re-enter the workforce and obtain a consistent source of income.
Example – A close friend contesting a will
Kristy is a very close friend of Charlotte’s. Four years ago Kristy was involved in a very bad accident. She had surgery and took several months to recover. She still finds it difficult to move around.
After the surgery, Charlotte was worried about Kristy living by herself. Charlotte had a spare bedroom which she kindly offered to Kristy. When Kristy first moved in she was dependent upon Charlotte for several months. She was recovering and could not work. As Kristy became more mobile she was able to work more, but remained living with Charlotte.
Charlotte died unexpectedly. Charlotte’s Will said that her estate be distributed to any surviving family relatives.
It would appear that Kristy has no reason to think she is entitled to anything from Charlotte’s estate. However, the law states that if a person is/was a member of a person’s household and is/was wholly or partially dependent upon them, they may be entitled to an order for Family Provision.
Kristy is a person eligible to make a Family Provision Claim.
Steps in contesting a will
1. Obtain legal advice
If you think you have a legitimate Family Provision Claim, get legal advice. Often people have rights that they are not aware of or do not know how to assert. A lawyer can guide you through this.
The law allows you to receive more than is described in a will if you have a legitimate reason.  However, the process can be complex. It usually involves negotiation, mediation or court action. It is best to be represented by a lawyer.
2. Negotiate with the Executor
The Executor is the person who carries out the wishes of the deceased person as described in the will.
If you are not satisfied with what has been provided for you in the will, the best first step is to negotiate a compromise with the executor. Going to court is always expensive; it’s best to avoid it.
The Executor may put you in contact with other beneficiaries (people who are receiving part of the estate as directed by the will). You may be able to negotiate with them as well.
3. Start court proceedings
If negotiating not successful, the next step is to start proceedings in court. The way to start proceedings is outlined in a practice note for the Supreme Court. See http://bit.ly/1LP9p5y
The first step is to file a summons with the court. (This makes you the ‘plaintiff’.) You must also provide:
Plaintiff’s Affidavit: An affidavit is a statement that is sworn by oath or affirmation. It is used as evidence in court. We have developed a simplified version of the standard affidavit to make it easier for our clients.
Notice of any eligible persons: This is a list of all the people and their addresses (if known) who are eligible persons in relation to the estate.
This list is often developed after the will has been validated and registered by the court (this is called ‘obtaining probate’). The people receiving something from the will are identified when probate is obtained.
The executor or administrator will notify people on the list that a Family Provision Claim has been brought. This allows all Family Provision Claims relating to the estate to be resolved in the one matter.
Affidavit setting out estimate of plaintiff’s costs and disbursements: A sworn document with the plaintiff’s estimated costs and disbursements. It includes legal fees and the cost of obtaining evidence and engaging barristers.
First directions hearing
The court may direct both parties to make information available to the other. This allows the parties to make a realistic assessment of their cases.
The plaintiff’s affidavit (filed with the summons) will be given to the defendant/s. The defendant is typically the Executor but may include other beneficiaries.
The defendant’s affidavit tells the plaintiff about the estate. It can also dispute any of the facts contained in the plaintiff’s affidavit. The defendant’s affidavit must include:
– A copy of the will and the probate or Letters of Administration
– Description of the nature and value of the assets and liabilities of the deceased at the time of death.
– What is, or is likely to be, the nature and the estimated value of:
– – assets and liabilities
– – any property of the deceased that has already been distributed, and the date it was distributed
– – the total value of the estate that can still be distributed, not including costs of proceedings.
– A description of the nature, and estimate of value of any property that is the subject of any ‘prescribed property transaction’
– The name and address of any person who is the subject of a prescribed property transaction.
– Any testamentary and other expenses, including liabilities, paid out of the estate.
– An estimate of executor’s costs
– Names and addresses of every person who is, or may be:
– – an eligible person
– – eligible person under a legal incapacity
– – beneficiary
– – person holding property as trustee or otherwise.
The court may direct any other relevant documents or information be made available by one party to the other party, depending on the circumstances.
Mediation
All Family Provision Claims will be referred to mediation during the initial hearing, unless ordered otherwise. Mediation, if successful, usually results in a considerable saving in legal fees. We highly recommend mediation and will always work for a successful outcome.
The court has the power to order mediation with or without the consent of the parties. The court can make directions about mediation and require the court to be notified when mediation is completed.
Mediations are run on a “without prejudice basis” and have judicial privilege.
Anything said or any document produced at a mediation cannot be used in court.
A private mediator runs the mediation, paid by the parties or by a registrar of the court. A mediator can be appointed by court order if the parties cannot agree on a mediator.
Private mediation
We can assist with private mediation by:
– Identifying two or three suitable mediators
– Negotiating a fee and confirm the mediators’ preferred arrangements
– Negotiating with the legal representative of the other party about using your preferred mediator.
The mediator will first talk with the parties’ legal representatives. They need to agree on the form of the mediation, date and venue, what documents are to be read by the mediator, whether position papers are to be prepared, to determine parties’ authority to settle, and any other matters relevant to the mediation.
Mediation by a registrar
If a registrar runs the mediation, there is no cost to either party, other than the costs of legal representatives. Registrars are qualified mediators and are very experienced.
The court will set a date for the mediation. There will not be a directions hearing. The registrar will read only what is on the court file, unless the parties file further material.
The role of the mediator
Mediators are facilitators and are not judges. A mediator does not decide who wins. The mediator will often point out the difficulties of a particular case from each of the parties’ perspectives. But they will not make a judgement on the likely outcome of the dispute if it went to court.
The parties must make a genuine attempt to reconcile and resolve the dispute. They must not be unnecessarily objectionable.
All parties must agree that the matters discussed in the mediation. Any agreements reached are confidential. Matters discussed in mediation, and any agreements reached, cannot be discussed with other people except with legal representatives or other people authorised by law.
Mediation Settlement Agreements
Any agreement reached in mediation is translated into orders or an agreement.
The orders are then made by the court. The court also orders to stop and dispose of court proceedings. The court may enforce any agreement or arrangement reached by the parties at mediation.
Outcome determined by the court
If mediation is unsuccessful, the matter may be heard by the court. The court will first determine whether or not the plaintiff is an eligible person. If they are, then the court process has two stages.
First Stage:
The court will resolve the question of whether or not a family provision order should be made. The court will determine whether or not ‘adequate provision’ has been made by considering:
Any relevant factors in the applicant’s financial and social circumstances; and
The relationship between the applicant and the deceased; and
Relationships that any other potential applicants may have with the deceased.
Second Stage:
The court will decide what the plaintiff should get in the order. The court will consider the factors it considered in stage one as well as other considerations.
An applicant may be successful in the first stage but not receive anything in the second stage.

1828 words | Readability.com rating: B | Flesch-Kincaid Grade Level 8.3