In the media
Inquiries into migrant worker rights show same old
problems – but we already have solutions
A Senate inquiry into exploitation and underpayment of
foreign workers at 7-Eleven stores began in Melbourne today. The
inquiry is likely to raise questions about the health and safety
impacts of workplace practices that target vulnerable workers for
profit (24 September 2015).
More...
Western Sydney engineering company fined over
worker's death
A western Sydney engineering and manufacturing company has
been fined $225,000 following an incident in 2012 where a worker
died when a crane fell on top of him. SafeWork NSW charged Baker
& Provan Pty Ltd under s19 (1)/32 of the Work Health and
Safety Act 2011 (23 September 2015).
More...
Fatalities, profits slash BHP chief executive Andrew
Mackenzie's pay by 43%
A major factor in the 43 per cent pay cut BHP Billiton
chief executive Andrew Mackenzie copped in 2015 was the
company's record on worker fatalities, which cost him 20 per
cent of his short-term bonus. In all Mackenzie's short-term
incentive bonus payment totalled $US2.312 million in 2015, down
from $US3.136 million last year (23 September 2015).
More...
Sex, lies and frequent coarse language: public servants
behaving badly
Federal public servants have been demoted and fined in
cases among those featured in the annual Australian Public Service
shame files published by its workplace appeals authority the Merit
Protection Commissioner (23 September 2015).
More...
Paper manufacturer receives $400,000 fine over forklift
driver death
One of Australia's largest packaging and resource
recovery companies, Visy Paper Pty Ltd has been fined more than
$400,000 following the death of a worker in 2012. Executive
Director of SafeWork NSW (formerly WorkCover NSW), Peter Dunphy
said despite being aware of the risks, Visy failed to ensure the
safety of workers in the yard (21 September 2015).
More...
Calls for improved security at regional Victorian courts
from police after increase in ice-related attacks
The Victorian Government has ordered a safety audit of all
magistrates courts in Victoria. Police in Victoria are
calling for improved security screening and armed guards to patrol
courtrooms in regional Victoria, as they struggle with an increased
threat of violence from ice-affected offenders ( 15 September
2015).
More...
Trade union royal commission called for extortion charge
against CFMEU state secretary Michael Ravbar
The royal commission into trade unions pushed Queensland
authorities to bring criminal charges against union boss Michael
Ravbar nine months ago but they are yet to act (24 September
2015).
More...
Chaff cutting company fined $75,000 over accident that
took teen's legs
The employer of a teenage worker who lost both legs in a
workplace accident has been fined $75,000 for safety breaches. Mark
Geoffrey Donaldson, trading as Cressy Chaff Cutters, had previously
pleaded guilty in the Magistrates Court in Launceston to failing to
comply with health and safety duties, category two (22 September
2015).
More...
Strengthening court security in NSW
Security at key courthouses across NSW will be further
strengthened with the appointment of 40 new Sheriff's Officers
as part of the NSW Government's counter-terrorism
response, during a period when the National Terrorism Public
Alert is at high (21 September 2015).
More... More...
Government Building Code now requires drug and alcohol
testing policies on construction sites
The Australian Government has today introduced amendments
to the Building Code to ensure higher standards of workplace safety
for construction sites. Fair Work Building and
Construction will be responsible for auditing contractors (18
September 2015).
More...
Blog: Media correction – supplement product Spark
is not ASADA approved
ASADA's position regarding supplements has been
consistent for a number of years and is included on their website
and in education program with athletes. The fact is that athletes
who take supplements are at risk of committing an anti-doping rule
violation (18 September 2015).
More...
Weekend building inspectors considered after Forrest
stop work notice
The ACT's safe work watchdog will consider calling for
building inspectors to be available on weekends to stop builders
avoiding development rules. Mr McCabe said there was a 24-hour Work
Safe hotline which enabled a Work Safe inspector to be called, and
their powers would usually be enough to stop work until at least
the next business day (12 September 2015).
More...
Published – articles, papers, reports
Public safety mobile broadband: draft report
Productivity Commission: 23 September 2015
This draft report looks at the best way to deliver a Public Safety
Mobile Broadband (PSMB) capability for emergency services that is
reliable, interoperable and works across Australia.
More...
Address to Safety Institute of Australia National Safety
Convention
Melbourne Convention and Exhibition Centre, Thursday, 17
September 2015
Address Safety in the building industry: a regulator's
perspective, by Nigel Hadgkiss.
More...
In practice and courts
SWA electronic safety kit 2015
In readiness for October's National Safe Work Month, SWA has
developed an electronic information kit to help employers
raise work health and safety awareness within their organisations.
The kit includes a number of safety posters, fact sheets and key
safety statistics that can be printed and used in the
workplace.
Safework Australia: National Safe Work Month electronic
information kit now available
The National Safe Work Month electronic information kit,
designed to assist organisations raise awareness of work health and
safety, is now available to download from the National Safe Work
Month web page (17 September 2015).
More...
OHS to be part of Labour Hire and Insecure Work
Inquiry
Professor Anthony Forsyth will chair the Government's Inquiry into the Labour Hire Industry and Insecure
Work in Victoria. The Terms of Reference for the inquiry, h will
investigate the practices of rogue labour hire companies, insecure
work, sham contracting and the abuse of visas to avoid workplace
laws and undermine minimum employment standards. The inquiry will
release a background paper and call for submissions related to the
terms of reference from interested parties. It is due to report to
the Minister by 31 July 2016.
New warning on deadly work stress
A Harvard Business School and Stanford University study has
concluded that job insecurity, long working hours and other common
workplace stressors can all damage a person's health, raise the
odds of them having an illness and even lead to an early death. See
Workplace stressors and health outcomes: Health
policy for the workplace Behavioural Science and Policy, volume
1, number 1, September 2015.
Comcare Safety alert: Falling objects - 22 September
2015
This alert is to highlight the importance of managing the
risk to health and safety of falling objects (22 September
2015).
WorkSafe Victoria Safety Soapbox
As well as news from around the country, the newsletter
also links to two new WSV Safety Alerts. There were 59
Reported Incidents (attached to Safety Soapbox) in the
construction, utility, quarrying and mining industries from 27
August - 9 September 2015, and include: 21 near misses, nine
fractures, eight lacerations, four electric shocks and two burns
(17 September 2015). More...
Victoria: Court of Appeal upholds fine
In rejecting a company's appeal against a $375,000 OHS fine,
the Victorian Court of Appeal slammed Dotmar Epp Pty Ltd for its
"cavalier disregard" for workers' safety and its
"disdainful" response to a WorkSafe improvement notice.
It found the fine was appropriate because the company was
"acutely aware" of the need for guarding on a lathe, but
ignored it. More...
Workcover Victoria: Temporary site
structures
This Alert warns of the danger to workers and the public
from poorly designed, constructed or maintained temporary
structures on construction sites (15 September 2015).
More...
Metcash journey part three—working together to
overcome challenges
Metcash is under no illusion that transitioning its safety
culture will be easy and its supervisors and managers will confront
challenges along the way (17 September 2015).
More...
Safety Standards
AS/NZS IEC 60601.1:2015
Medical electrical equipment - General requirements for
basic safety and essential performance. Standards
Australia. More...
AS 4024.1603-2006 (R2014)/Amdt 1-2015
Safety of machinery - Design of controls, interlocks and
guards - Prevention of unexpected start-up. Standards
Australia. More...
Consultations
National Transport Commission discussion paper on
fatigue
The NTC is looking to develop its knowledge of fatigue
issues in the Australian heavy vehicle industry, and is calling for
public submissions on ways to collect new data. The commission
released a
discussion paper on Friday, and is hoping to build a
comprehensive framework for fatigue data. Submissions based on the
discussion paper will be accepted up until October 16.
Draft RSRO on minimum payments for contractor
drivers
The issuing of the
draft Contractor Driver Minimum Payments Road Safety Remuneration
Order 2016 (draft Payments RSRO) follows a period of
extensive consultation with interested parties. Review the draft
Payments RSRO submissions by 23 September 2015. Written comments in
reply to those initial submissions will close 7 October 2015.
Cases
Eliezer v University of Sydney
[2015] FCA 1045
HUMAN RIGHTS – where interlocutory application seeks
summary dismissal of application alleging sex and pregnancy
discrimination in the course of employment, education and the
provision of services – where no complaint made to, or
terminated by, the Australian Human Rights Commission as against
the second to fifth respondents – whether statutory
preconditions for Court to entertain claim for damages for unlawful
discrimination contrary to ss 14, 21 and 22 of the Sex
Discrimination Act 1984 (Cth) satisfied – whether
amendments to include additional causes of action can
"cure" lack of jurisdiction – where second to fifth
respondents should not be required to await the possibility that
applicant may plead presently unidentified causes of action –
where proceedings as against second to fifth respondents
dismissed. More...
The Federal Capital Press of Australia Pty Ltd v
Balzola [2015] NSWCA 285
DEFAMATION – primary judge granted leave for the
plaintiff to amend statement of claim to plead back contextual
imputations and subsequently defendants contextual imputations
struck out - application for leave to appeal from interlocutory
decision - whether application gives rise to an issue of principle
or injustice if refused – application for leave to appeal
refused.
More...
Dziurbas v Mondelez Australia Pty Ltd
(Human Rights) [2015] VCAT 1432
Equal Opportunity Act 2010 (Vic) sections 18, 20,
23 and 125 – whether employer directly discriminated against
employee on the basis of his disability when employee not allowed
to return to work and when his employment was terminated –
whether employer failed to make reasonable adjustments to
accommodate employee's disability – whether employee was
incapable of performing the genuine and reasonable requirements of
the employment, even if reasonable adjustments were made –
claims for economic loss – assessment of claim for
non-economic loss. More...
Rail Corporation of New South Wales v Elleray (No
2) [2015] NSWIC 12
COSTS – costs for the whole of the proceedings
– applicant wholly successful – no reason to displace
usual rules – court's discretion in exercising power to
award costs – principles to be applied – no
circumstances to warrant a departure from the ordinary rule that
costs follow the event – respondent shall pay the
applicant's costs.
More...
Victoria OHS Enforcements
G & S Fortunato Pty Ltd 102 562 685 15/09/2015
Failure to provide a safe system of work Occupational
Health and Safety Act 2004 23(1); Magistrates'
Court.
More...
Legislation
Commonwealth
Australian Maritime Safety Authority Fees Determination
2015
This determination sets out the fees that the Australian
Maritime Safety Authority (AMSA) charges for its services, the way
in which the fees are worked out and how they are to be paid (23
September 2015). More...
Building Code (Fitness for Work/Alcohol and Other Drugs
in the Workplace) Amendment Instrument 2015
This instrument amends the Building Code 2013 to require a
building contractor or building industry participant's work
health safety and rehabilitation (WHS&R) management system, and
in some cases the WHS&R management plan, to show the way in
which drug and alcohol issues in the workplace will be managed to
ensure that no person performing building work on site does so
under the influence of alcohol or other drugs (18 September 2015).
More...
CASA 139/15 - Authorisation and permission —
helicopter winching operations (CHC Helicopters)
This instrument enables the conduct of helicopter winching
operations conducted by Lloyd Helicopters Pty Ltd, trading as CHC
Helicopters (Australia). The winching operations are necessary in
the event of maintenance being required for an unserviceable
helicopter parked on an offshore helideck and there is insufficient
space for a second helicopter to land. The instrument allows
maintenance personnel and equipment to be winched by helicopter on
or off an offshore platform or vessel (16 September 2015). More...
Bills
Food Standards Australia New Zealand Amendment (Forum on
Food Regulation and Other Measures) Bill 2015
A Bill for an Act to amend the Food Standards Australia
New Zealand Act 1991, and for related purposes - Registered 17
September 2015; Introduced HR 17 September 2015. More...
Acts
Australian Radiation Protection and Nuclear Safety
Amendment Act No 125 of 2015
An Act to amend the Australian Radiation Protection and
Nuclear Safety Act 1998, and for related purposes. Registered
15 September 2015 Date of Assent 10 September 2015. More...
Victoria
Bills Introduced and Second Read in the first House, 18 September 2015
Gambling Legislation Amendment Bill.
Public Health and Wellbeing Amendment (No Jab, No Play) Bill.
Wrongs Amendment Bill.
Statutory Rules made
No. 103: Supreme Court (General Civil Procedure) Rules
2015
Date of Making: 10/09/2015 Commencement: 23/11/2015: rule
1.03(1). Not yet in operation: Rules 1.01-84.13: on
23/11/2015, rule 1.03(1). Sunset Date: 10/09/2025.
Acts assented to
No. 45: Heavy Vehicles Legislation Amendment Act
2015
Assent: 22/09/2015 SG (No. 276) 22/9/2015 p. 1
Commencement: Ss 1-8 on: s. 2. Not yet in operation:
N/A. More...
New South Wales
Regulations and other miscellaneous instruments
Liquor Amendment (Special Events Extended Trading) Regulation 2015 (2015-556) — published LW 18 September 2015.
Dams Safety Amendment (Prescribed Dams) Proclamation 2015 (2015-568) — published LW 25 September 2015.
Bills passed by both Houses of Parliament
Independent Commission Against Corruption Amendment Bill 2015
Bills assented to
Biosecurity Act 2015 No 24 — Assented to 22 September 2015. More...
Queensland
Bills Updated in the last week
Liquor and Fair Trading Legislation (Red Tape Reduction) Amendment
Bill 2015
Introduced on 6/05/2015 Report from Committee on 14/09/2015.
Heavy
Vehicle National Law Amendment Bill 2015
Introduced on 19/05/2015 PASSED on 16/09/2015.
Counter-Terrorism and Other Legislation Amendment Bill
2015
Introduced on 16/09/2015 Referred to Committee on 16/09/2015.
Mental Health Bill
2015
Introduced on 17/09/2015 Referred to Committee on 17/09/2015.
Acts as passed
No 12: Heavy Vehicle National Law Amendment Act 2015 - 25 September 2015.
Current reprints
Coal Mining Safety and Health Regulation 2001 - 11 September 2015.
Petroleum and Gas (Production and Safety) Act 2004 - 11 September 2015.
Public Health Regulation 2005 - 1 September 2015.
State Penalties Enforcement Regulation 2014 - 11 September 2015.
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.