In the media
Police buying video cameras for occupational safety amid
ownership concern
The Police Ombudsman Annual Report noted there were
"occupational health and safety benefits" for officers
using the cameras but there were issues surrounding ownership of
the vision because the cameras were not officially issued (07
November 2015).
More...
'Ignorance is not a defence' – how HR can
minimise personal liability risks
In June, a case before the federal court presented a timely
warning to HR professionals: you can be held personally liable, and
have penalties imposed upon you, under the Fair Work Act (FWA) (02
November 2015).
More...
Grains handler prosecuted after worker lost arm told to
donate $50K to Warracknabeal hospital
The Horsham County Court has ordered a Warracknabeal grains
handler, in western Victoria, to contribute $50,000 to a local
hospital, after an employee was maimed at work (30 October 2015).
More...
Western Sydney engineering firm fined after half-a-tonne
of steel falls on worker
A St Marys engineering company has been fined $150,000 after a
boilermaker lost part of his foot when a steel beam weighing more
than half a tonne fell on him (30 October 2015).
More...
Report into Cessnock mine deaths scathing of safety
plan
A report into the deaths of two miners in the Hunter Valley last
year is scathing of the coal company's safety management plan
(30 October 2015).
More...
Australian workplace fatalities continue to
decline
Minister for Employment, released the Work-related Traumatic
Injury Fatalities, Australia 2014 report on 29 October , showing
the number of Australians killed at work continues to steadily
decline. The Safe Work Australia report shows that 188 workers died
from workplace injuries in 2014, the lowest number of fatalities in
the 12 years of the series (29 October 2015).
More...
More...
The 38-hour week a rarity among full-time workers, new
data shows
Officially, Australians in full-time jobs put in 38 hours per
week. But the first detailed survey shows that most full-time
workers surveyed put in more. The industries where workers are most
likely to put in more than 50 hours per week are mining (34 per
cent), agriculture (34 per cent) and construction (25 per cent) (28
October 2015).
More...
New laws target illegal gun trade
Tougher penalties will apply to illegal firearm offences following
the Martin Place Siege, under proposed laws introduced to NSW
Parliament today to combat the illegal gun trade. The Bill will be
supported by the creation of an Illegal Firearms Investigation and
Reward Scheme (27 October 2015).
More...
Published – articles, papers, reports
Safework Australia: Cost of work-related injury and
disease report 2012-13
Work-related injuries, illnesses and deaths impose both direct
costs and indirect costs on employers, workers and the community.
The report estimates that the total economic cost for the
2012–13 financial year was $61.8 billion, representing 4.1
per cent of GDP for the same period (29 October 2015).
More...
In practice and courts
NOPSEMA Safety alert: fire broke out in the battery room
on a production facility
A safety alert has been issued by the National Offshore Petroleum
Safety and Environmental Management Authority (NOPSEMA) following
an incident where a fire broke out in the battery room on a
production facility. For more information on this safety alert
(November 2015).
More...
Directions issued regarding the draft RSRO on minimum
payments for contractor drivers
The Full Bench of the Tribunal has issued
Directions regarding further submissions on the draft
Contractor Driver Minimum Payments Road Safety Remuneration Order
2016 (draft Payments RSRO). Submissions close 13 November
2015.
ATSB: Sharing your transport safety concerns,
confidentially
The Australian Transport Safety Bureau's (ATSB) confidential
reporting scheme, REPCON, allows people with safety concerns about
the rail, aviation or marine industries to disclose them to the
ATSB (29 October 2015). More...
Cases
Director of the Fair Work Building Industry
Inspectorate v Construction, Forestry, Mining and Energy Union
[2015] FCA 1173
INDUSTRIAL LAW – Intent to coerce person to engage in
industrial activity – Non-compliance with request by
industrial association – Request for employment of union
delegate on construction site – Threat to organise action and
later organising of action – Whether course of conduct
– Seriousness of contraventions – Relevance of previous
contraventions – Normalisation of contraventions –
Whether remorse and contrition shown – Totality principle
– Appropriate penalties – Whether individual should be
required to pay penalty personally without reimbursement. Building
and Construction Industry Improvement Act 2005 (Cth); Fair
Work Act 2009 ss 9, 347, 348, 363, 484. Federal Court
Rules 2011 (Cth), r 16.07(3); Occupational Health and
Safety Act 2004 (Vic) s 87. More...
DPP v Downer EDI Pty Ltd & Anor [2015] VSCA
287
CRIMINAL LAW – Case stated – Occupational health and
safety – Defendants conducting works on road –Duty
under Road Safety Act 1996 (RSA) to ensure works conducted
safely – Duty owed to road users and road workers –
Worker killed – Whether RSA duty displaces defendants'
duties to employees and others under Occupational Health and Safety
Act 2004 ('OHSA') – Defendants performing functions
under Road Management Act 2004 ('RMA') – RMA
required compliance with RSA duty – Whether RMA inconsistent
with OHSA – No inconsistency – OHSA charges valid
– RMA ss 3, 4, 5, 20, 24-28, 33-34, 39, 47-48, 103 and
Schedule 7 – RSA ss 99A, 99B – OHSA ss 21, 23, 152
– Transport Integration Act 2010 ss 6, 8-3. STATUTORY
INTERPRETATION – Implied repeal – Occupational health
and safety – Road management – Road authority –
Defendants conducting works on road – Second defendant
performing road management functions under Road Management Act
2004 (RMA) – Whether RMA dealt exhaustively with road
management functions – Whether intended to exclude other
legislation applicable to road management functions – Whether
necessary implication – Presumption against implied repeal
– Occupational Health and Safety Act 2004 not excluded.
STATUTORY INTERPRETATION – Legislative history –
Extrinsic materials – Law reform recommendations –
Highway authorities – Liability – Breach of statutory
duty – Financial constraints – Statutory scheme to
limit liability – Policy defence – Policy or policy
decision 'taken to satisfy the statutory duty' –
Whether applicable to criminal proceedings – Defence to civil
proceedings only – Road Management Act 2004 ss 39,
103. More...
Worksafe Victoria decisions
Becon Constructions (Australia) Pty Ltd 092 361 165
27/10/2015
Elevated work platform; Licensing Occupational Health and Safety
Act 2004 26(1) ; Magistrates' Court. The Accused failed to
ensure that only operators with a current high risk work licence to
operate boom-type EWPs (boom length greater than 11 metres) were
provided with access to the EWPs under its management and control.
More...
Legislation
Commonwealth
Agricultural and Veterinary Chemicals Code
(Pre-application Assistance Fee) Instrument 2015
04/11/2015 - This instrument revokes the Agricultural and
Veterinary Chemicals Code Regulations (Pre-application Assistance
Fee) Instrument 2014 and sets out the criteria for working out
which unit-based fee applies in a particular case. It also provides
examples of the application of the criteria in particular cases. More...
Australia New Zealand Food Standards Code —
Standard 1.4.2 — Maximum Residue Limits Amendment Instrument
No. APVMA 9, 2015
03/11/2015 - This instrument amends the Australia New Zealand Food
Standards Code - Standard 1.4.2 - Maximum Residue Limits (Australia
Only) to include or change maximum residue limits pertaining to
agricultural and veterinary chemical products. More...
Agricultural and Veterinary Chemicals Code Instrument
No. 4 (MRL Standard) Amendment Instrument 2015 (No.
10)
03/11/2015 - This instrument amends the Agricultural and
Veterinary Chemicals Code Instrument No. 4 (MRL Standard) 2012 to
set new and varied maximum residue limits and make other changes to
the tables with respect to certain residue definitions, commodities
and substances. More...
Victoria
No. 125: Road Safety Road Rules Amendment Rules
2015
Date of Making: 27/10/2015 Commencement: 27/10/2015. Not yet in
operation: N/A Sunset Date: 27/10/2. More...
New South Wales
Bills introduced Government – 30 October 2015
Security Industry Amendment (Regulation of Training Organisations) Bill 2015.
Bills passed by both Houses of Parliament – 30 October 2015
Home Building and Duties Amendment (Loose-fill Asbestos Insulation Affected Premises) Bill 2015.
Occupational Licensing National Law Repeal Bill 2015.
State Insurance and Care Governance Amendment (Investment Management) Bill 2015.
Terrorism (Police Powers) Amendment Bill 2015.
Bills assented to
Work Health and Safety (Mines and Petroleum) Legislation Amendment (Harmonisation) Act 2015 No 43 — Assented to 02 November 2015. More...
Queensland
Bills Updated
Work Health and Safety and Other Legislation Amendment Bill
2015
Introduced by: Hon C Pitt MP on 7/05/2015 PASSED
with amendment on 14/10/2015. Assent Date: 22/10/2015 Act No: Act
No. 16 of 2015 Commences: see Act for details.
Transport Operations (Marine Safety-Domestic Commercial Vessel
National Law Application) Bill 2015
Introduced by: Hon M Bailey MP on 27/10/2015
Referred to Committee on 27/10/2015.
Transport Operations (Marine Safety) and Other Legislation
Amendment Bill 2015
Introduced by: Hon M Bailey MP on 27/10/2015
Referred to Committee on 27/10/2015.
Subordinate legislation as made – 06 November 2015
No 152
Food Production (Safety) Amendment Regulation (No. 1)
2015
Food Production (Safety) Act 2000.
This publication does not deal with every important topic or change in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you have found this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact one of the named individuals listed.
