After the final whistle has blown

The compliance date for entities that were required to have policies was 1 January 2020. So, hopefully, anyone who needs one, now has their Corporations Act whistleblowers policy established and published. 

However, if you’re still putting some finishing touches to your policy, or if you are deciding to have one but are wondering where to start, this link to WorkAccord’s Whistleblowing Bootcamp webinar, which has been provided free of charge, might be of assistance.

Whistleblower Policy Announcement

Andrew C. Wood

Post-Law Day #153: Designing governance integrations

Businessman & NewspaperStocking up on coffee and snacks, and fine-tuning my playlists…

A big weekend coming up – designing the integration of professional conduct grievance intervention, control assurance certification, and whistleblower frameworks.

Also preparing a Tuesday TalkAbout on the topic: “Certification Schemes as Regulatory Alternatives: Pros & Cons” and a webinar Bootcamp for next Friday on the topic: “Whistleblower Policies (Strengthen Your Knowledge)”.

Enjoying the shift in focus as governance advocacy takes shape…


Post-Law Day #80: Mediation Reflections

Day #80 spent successfully completing a Resolution Institute mediator refresher course.

Wonderful to have an opportunity to attend and refresh skills – enjoyed testing the shift to a “post-law” point of view in practice mediations and found it easier for me, now, to “shelve” legal analysis of “the problem” so as to facilitate parties’ exploration of the issues and attempts to generate options.

In reflection, I also identified that I was less affected by the adversarial stance of the parties. In my pre-Post Law phase, I’d often be drawn to the side of the legal argument that I thought was more convincing. Not so much now. Interesting. Looking forward to seeing how this develops.


Post-Law Day #31: Saying, “N..n..nn…no.”

A whole month has gone by since I started to make my post-law transition and I’m finding that one of the hardest parts of the transition is saying, “No” when people ask me for legal advice.

That’s because, for nearly 40 years, I’ve been saying, “Yes”, and my instinct is still to go immediately to the “legal answer” to their questions.

And it’s not that I’ve forgotten all my law over the past month. In fact, my reading and writing have probably taken me deeper into some aspects of it.

I think it’s really about being intentional and being committed to working in a different paradigm and modality – a different way of relating to legal knowledge and the constraints law places on people…

…And it’s also about tuning into new voices, new influences, new and different ways of experiencing the old, familiar knowledge. That’s maybe the most exciting part. It’s also the scariest.

I can see it will take me a while.

So, if you ask me and I say, “No”, maybe we should still talk. Maybe there’s a different question – perhaps a better question. One that can lead to a better answer.

Staying resolute

Businessman & Newspaper



Post-Law Day #25: Identity crisis?

One of the things I enjoy to do is to read aloud. At the moment, I’m reading Diana Wynne Jones’ “Year of the Griffin”. I had to chuckle when I came across this priceless passage, which spoke directly to my post-law transition.

“Are you a fighting griffin then?” Elda asked.

“Not really,” said Flury.

“A lawyer then?” said Elda.

“Not particularly,” said Flury.

After the chuckle, it came to me that DWJ is inviting us to appreciate that knowledge, skills, and experience developed in one field can, with a little imagination and magic, be applied in another… and with a fresh perspective.

What a wonderful thought! That we can be not particularly a lawyer. I think that’s what I am becoming. Would that there were more of us!

Staying resolute

Tiger Smelling Flower

Post-Law Day #24: Reflective Practice

Great news! Last week our Competition Regulator issued its final determination granting authorisation to a Code for Professional Conduct & Grievance Intervention Guidelines, which I was asked to design.

I’m especially pleased because the Code & Intervention Guidelines adopt a “Kindness by Design” approach that encourages professional conduct rather than an approach that merely detects and punishes professional breaches.  Looking forward to writing further about this…

Attended a Resolution Institute webinar on reflective practice & debriefing conducted by Mieke Brandon. Interesting discussion on how contemporary mediation might have shifted its focus from “doing” to “being”.

I’ll now follow up Lang, M. (2019) Guide to Reflective Practice in Conflict Resolution to investigate the discipline of reflective practice and how it might be applied to dispute resolution and professional conduct grievance work that I’m doing.

Still resolute

Businessman & Newspaper



Post-Law Day #6: Capability, Community & Emergence

…where community ended, law began.

At the end of my first post-law work week, my reading has brought me to Jerold S.  Auerbach’s 1983 summation of John Humphrey Noyes’ understanding of the difference in values and methods that marks a progression from Community to Law.*

To me, the Noyes progression seems a bit dark – i.e. one moves towards Law as Community breaks apart.

So, I’m wondering if it also works the other way – whether the recovery of Community requires, in some measure, a retreat from Law. And if so, what skill set is indicated for the encouragement and emergence of a professional community.

That’s something for me to think about because this weekend I’m needing to write my own post-law capability statement and design the governance & procedures framework for a professional conduct support programme.

Work didn’t end when I transitioned to post-law; it just brought fresh challenges!

  • Auerbach J. S. (1983) Justice Without Law? Oxford University Press, New York, p.53.

Staying Resolute

Businessman & Newspaper


Post-Law Day #4: Learning Resources

My post-law transition seems to be evolving into something that is more about leading discovery and encouraging learning than about giving advice.

Spent yesterday usefully working on the commercial collective bargaining project. Really enjoyed being able to present WorkAccord’s discovery level webinar on the ACCC’s proposed class exemption for CollectiveBargaining and what it might mean for the recruitment & staffing industry in Australia. Don’t worry if you missed it! Tickets for the recorded presentation will remain on sale to 31 July 2019.

Today I’ll be working on more learning resources. I’m aiming to cover labour hire licensing applications and whistleblowing changes.

I’d love to hear about your preferred learning engagement formats: Webinar? Workshop? YouTube? Video Meeting? Old-School Lecture? Something else? Nothing…?

Actually, no… Nothing would be a problem!

Staying Resolute

Businessman & Newspaper



Day #2 Post-Law Transition Focus: Collective Bargaining & Conflict Resolution

This morning, I’ll be putting the finishing touches to WorkAccord’s submission in response to the ACCC’s request for feedback on its proposed Class Exemption for Collective Bargaining. Submissions are due by 3 July 2019.

Staffing agencies would do well to have a close look at what the ACCC is proposing. I’m not sure that the $10 million turnover definition of”small business” works for high turn-over, low margin businesses that have significant labour and regulatory costs. There’s a risk of being caught out as the “weak link” in triangular and tiered arrangements – as the target of bargaining groups, but with no protection when dealing with host clients. That’s something I’m hoping to address.

Looking forward to a great webinar with Nina Harding and Peter Adler, put on by Resolution Institute at midday today. The topic:

Working with organisations, building alignments and making plans: A model for mediators to decode, strategise, develop plans and resolve conflict in organisations.

Then, this afternoon – back to collective bargaining, as I prepare my materials for WorkAccord’s webinar tomorrow (July 3) at 11.00am: Commercial Collective Bargaining: Opportunities & Threats.


Staying resolute

Businessman & Newspaper