In the media
Union Movement Takes Abbott to United Nations
Australia's largest building and construction union is
spearheading an international legal challenge against the Federal
Government's building industry watchdog, claiming up to 500
workers across various states are being targeted for prosecution
for standing up for safety, jobs, wages and conditions (11
September 2015).
More...
Federal Court fines CFMEU $225,000 for "abusive and
misleading" conduct
The Court found the CFMEU and officials Chad Anthony
Bragdon and Anthony Kong broke right of entry laws at a
construction site at Sydney Domestic Airport in June 2013 (10
September 2015).
More...
AMSA detains ship for Maritime Labour Convention
breaches
The Australian Maritime Safety Authority has detained the
Panama flagged bulk carrier MV Apellis after an inspection revealed
a number of deficiencies relating to the working conditions of the
crew. The MV Apellis is operated by Pyrsos Shipping Co Ltd and
chartered by Hudson Shipping Lines (10 September 2015).
More...
Concerned drivers call NHVR over fatigue management
issues
A recent spate of calls from truck drivers to the National
Heavy Vehicle Regulator (NHVR) about fatigue management has
prompted a reminder about how to comply with the law (09 September
2015).
More...
Golden City Support cops fine
Bendigo disability services provider Golden City Support
Services is seeking further legal advice after a decision by
Bendigo Magistrates' Court to fine the organisation $15,000 for
a breach of the Occupational Health and Safety Act (08
September 2015).
More...
Monash surgeon accused of bullying sues Monash
Health
A neurosurgeon accused of bullying has lodged an unfair
dismissal claim with Fair Work Australia, in which she alleges she
was bullied and denied a deputy director role in the neurosurgery
unit at Victoria's largest public hospital because of her sex
(07 September 2015).
More...
Security company fined $150,000 over guard's
death
A Sydney security company has been fined $150,000
following the death of a security guard in 2011. MSS Security Pty
Ltd (MSS) was found guilty of a breach of section 8(2) of the
Occupational Health and Safety Act 2000 (07 September
2015).
More...
Comboyne New South Wales cherry picker death the 29th
recorded farm fatality this year
A fatality on a New South Wales avocado farm last week is
the 29th death on farm in Australia this year. The Australian
Centre for Agricultural Health and Safety's Dr Tony Lower said
it had been another traumatic year on farms; with quads and
tractors again the leading causes of fatalities (07 September
2015).
More...
Work safety agency updates 'deemed" disease
list
Safe Work Australia has updated its list of work-related
diseases and health dangers, to guide people involved in prevention
work or compensation. Diseases on the "deemed" list fit
into eight categories: infectious, malignancy, diseases of the
nervous system, respiratory, hepatic, skin, musculoskeletal, and
acute poisoning and toxicity (07 September 2015).
More...
Asbestos danger for home renovators highlighted, as
'third wave' of deaths appears
Home renovators are being warned of asbestos dangers as
medical experts see a long-predicted "third wave" of
disease sufferers. Medical authorities conservatively estimated
about 2,000 Australians were dying from asbestos-related cancers
each year (07 September 2015).
More...
WA safety watchdog warns of vehicle fatalities at
workplaces
WorkSafe director Joe Attard says it is evident by the
number of recent incidents that insufficient attention was being
paid to spaces where vehicles and people interact. The watchdog
points to seven recent mostly fatal incident types, five of which
involved commercial vehicles (03 September 2015).
More...
Department of Defence and NSW Government investigating
chemicals around RAAF Base
The NSW Government has been made aware that legacy
fire-fighting chemicals have been found in some surface water,
ground waters around the Williamtown RAAF Base and Newcastle
Airport. Whether PFOS or PFOA cause adverse health effects in
humans is currently unknown, but on current evidence, the potential
for adverse health effects cannot be excluded (03 September
2015). More...
NSW EPA and Newcastle Police target dangerous goods
transporters
The NSW EPA and NSW Police are currently undertaking a
joint campaign to inspect vehicles transporting dangerous goods in
and around Newcastle to ensure compliance with the road and rail
transport regulation (002 September 2015). More...
NSW bans sale of e-cigarettes to people aged under
18
The NSW Government passed laws in June to address concerns
that e-cigarettes could act as a gateway to tobacco smoking in
children. Police have also been given the power to confiscate the
vapour devices from anyone aged under 18 (01 September 2015).
More...
Mr Fluffy: Demolition schedule released by ACT Asbestos
Response Taskforce
The schedule of 671 Mr Fluffy loose-fill asbestos
contaminated homes to be demolished over the next three years has
been released by the Asbestos Response Taskforce (31 August
2015).
More...
FWBC takes construction company to Court for alleged
discrimination, adverse action and coercion
A Tier 2 Queensland Construction company, its General
Manager and two of its employees are facing the Federal Circuit
Court for allegedly discriminating against a steel fabrication
company because it did not have a CFMEU-friendly enterprise
agreement (02 September 2015).
More...
Blood Test Crack Down On Drug Drivers Becomes Law in
Victoria
New laws introduced by the Government making it mandatory
for all drivers involved in serious crashes to submit to blood
testing for drugs have been passed by Parliament today. From
October 30, police will have the power to compel all drivers
involved in crashes where someone is seriously hurt or killed to
have their blood tested for drugs (03 September 2015).
More...
School of Rural Health targets quad bike accidents
Death and injury from quad bike accidents remains one of
the biggest health threats on-farm and safety advocates say they
are frustrated that tighter regulation seems impossible to achieve
(02 September 2015).
More...
Published – articles, papers, reports
Queensland Workcover - Part two—How Metcash is
role modelling desired safety behaviours
As reported in part one of the Metcash journey, Tony
McGill, Occupational Health and Safety and Injury Management
Manager for Queensland is keen to develop a safety culture where
workers value rules and instructions and participate in safety
decisions that impact their workplace.
More...
Model Codes of Practice - Managing Noise and Preventing
Hearing Loss at Work
SafeWork Australia; 09 September 2015. This model Code of
Practice applies to all types of work and all workplaces covered by
the WHS Act and Regulations applying in a jurisdiction where there
is the potential for exposure to noise that can contribute to
hearing loss. More...
Model Code of Practice - Labelling of Workplace
Hazardous Chemicals
SafeWork Australia; 09 September 2015. This model Code of
Practice has been developed to provide practical guidance to
persons conducting a business or undertaking involved in the
manufacture, import, supply or use of hazardous chemicals on how to
correctly label hazardous chemicals used in the workplace. More...
In practice and courts
Updated injury tool a hot spot for information
One of the most popular interactive tools for gaining
practical information about workplace health and safety has been
updated (31 August 2015).
More...
New Safety Standards
AS/NZS 3845.1:2015
Road safety barrier systems and devices - Road safety
barrier systems Standards Australia. More...
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.
Food Standards Australia New Zealand (FSANZ)
Consultation: Safe Food Australia review
Safe Food Australia is an explanatory guide to the food
safety standards in Chapter 3 of the Australia New Zealand Food
Standards Code. This key document is used by food businesses to
help them produce safe food. Closing date: 18 September 2015.
More...
Workplace Relations Framework: Draft report
consultation
The draft report is a broad-ranging assessment of
Australia's workplace relations (WR) framework, considering
current laws, institutions and practices. Closing date: 18
September 2015.
More...
QLD: Non-compliant butane gas cookers
Equipment failure or modifications; Governance or
compliance; Pressure storage or release (05 September 2015).
More...
NSW: Pesticide Warning for Canola Crops
Although pesticides are an important part of agriculture,
the misuse or mishandling of these chemicals can pose a real danger
to the community and to the environment. EPA NSW guides are listed
here (07 September 2015). More...
NSWInquiries receiving
submissions
Inquiry into Motorcycle Safety in NSW, closes 9 September.
New Proclamation - State Insurance and Care Governance
Act
Provisions of the State Insurance and Care Governance Act
2015 No. 19 (NSW) have been proclaimed by Statutory Rule No. 524 (28 August 2015), to
have commenced on 1 September 2015. This affects the District Court Act 1973 No. 9 (NSW)
and the Motor Accidents Act 1988 No. 102
(NSW).
ASEA: 2nd International Asbestos Conference
2015
The conference will this year be held at the Brisbane
Convention and Exhibition Centre in South Brisbane, 22-24 November
2015. More...
Cases
Anthony Taggart and Civil Aviation Safety
Authority [2015] AICmr 57
Freedom of Information — Whether documents are
subject to legal professional privilege— (CTH) Freedom of
Information Act 1982 s 42. More...
Perisher Blue Pty Ltd v Nair-Smith (No
2) [2015] NSWCA 268
COSTS – indemnity costs – at first instance
– Calderbank offers – whether genuine –
reasonableness of rejection – first Calderbank offer open for
2 days – second Calderbank offer inclusive of costs –
offer of compromise – compliance with UCPR – whether
covering letter inconsistent with UCPR – appeal costs –
whether offers at first instance may be relied on in relation to
indemnity costs on appeal COSTS – interest on costs
– whether interest to be awarded on costs as paid by
successful appellant – appellant succeeded on single issue of
causation of injury – no identification of costs relating to
causation issue – appeal costs incurred relatively recently
– no order as to interest on costs.
More...
Boyle v WorkCover Authority of New South
Wales [2015] NSWCATAP
183
Explosives Act 2003 – cancellation of
licences to manufacture and to import/export explosives –
cancellation of security clearance – whether licence holder
fit and proper person – meaning of 'storing' –
whether licence holder responsible for 'handling' of
explosives that it had sold – procedural fairness –
standard of proof.
More...
Sonja Mulder v NSW Department of Trade &
Investment [2015] NSWIRComm 1014
Unfair Dismissal-Medical retirement pursuant to s 25 of
PSEM Act-Opted to seek reinstatement as dismissed employee
rather than as injured worker-medical reports imposed restrictions
which prevented the Applicant from fulfilling the inherent
requirements and demands of her substantive position since
2012-unsuccessful attempts to return the Applicant to her
substantive position-unavailability of any suitable alternative
positions-Applicant required duties which would not, in future,
exacerbate her injury-Voice activated technology did not work for
the Applicant-Applicant's very high grading caused difficulty
in obtaining suitable alternative employment-dismissal not harsh,
unjust or unreasonable-claim dismissed.
More...
Victoria OHS Enforcements
Golden City Support Services Inc. A009388D
01/09/2015
Failure to provide a safe working environment
Occupational Health and Safety Act 2004 21(1);
Magistrates' Court - failure by GCSS to provide a safe working
environment for carers when transporting a particular client, who
had previously assaulted her carer. GCSS was fined $15,000, without
conviction, and ordered to pay WorkSafe's costs . Peter
Matthews of Counsel prosecuted the matter. (Bendigo
Magistrates' Court).
Seahaven Services Pty Ltd 135 309 474
31/08/2015
Failure to conduct a risk/hazard assessment; Failure to
conduct a risk/hazard identification; Failure to provide a safe
system of work; Falls/work at height offences
Occupational Health and Safety Act 2004
21(1)&(2)(a); Magistrates' Court.
More...
Legislation
Maritime Legislation Amendment Bill 2015
Introduced HR 09/09/2015 -
A Bill for an Act to amend maritime legislation, and for related
purposes
The
Maritime Legislation Amendment Bill 2015 (the Bill) amends maritime
legislation and enacts a number of minor provisions relating to
maritime safety and environment. The Bill will amend the definition
of 'dangerous goods' in the Navigation Act
2012, to ensure
the current definition includes dangerous goods which are
characterised in the International Maritime Dangerous Goods Code,
and corrects a range of drafting errors and omissions in the
Navigation Act
2012, which are
more than purely technical in nature. More...
Fair Work (State Declarations — employer not to be
national system employer) Endorsement 2015 (No. 1)
09/09/2015 - This instrument endorses a declaration by
the New South Wales government that Insurance and Care NSW is not a
national system employer for the purposes of subsection 14(2) of
the Fair Work Act 2009. More...
Australia New Zealand Food Standards Code —
Standard 1.4.2 — Maximum Residue Limits Amendment Instrument
No. APVMA 7, 2015
04/09/2015 - 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...
New South Wales
Regulations and other
miscellaneous instruments
Transport Administration (General) Amendment (Light Rail)
Regulation 2015 (2015-546) — published LW 11 September
2015.
Administrative Arrangements (Administration of Acts—Amendment No 3) Order 2015 (2015-528) — published LW 2 September 2015.
Administrative Arrangements (Administrative Changes—Miscellaneous) Order 2015 (2015-529) — published LW 2 September 2015.
State Insurance and Care Governance Regulation 2015 (2015-530) — published LW 2 September 2015.
Alcoholic Beverages Advertising Prohibition Bill 2015
Firearms Amendment (Lever Action Shotguns—Community Safety) Bill 2015
Bills revised following amendment in Committee
– 11 September 2015
Biosecurity Bill 2015
Bills passed by both Houses of Parliament –
11 September 2015
Biosecurity Bill 2015
Bills assented to
Health Services Amendment (Paramedics) Act 2015 No 21
— Assented to 31 August 2015. More...
Non-Government
Queensland
Bills Updated in the last week
Heavy
Vehicle National Law Amendment Bill 2015
Report from Committee on 1/09/2015 - This Part amends the Heavy
Vehicle National Law set out in the schedule to the Heavy Vehicle
National Law Act 2012, including definitions and penalties.
Subordinate Legislation
No 119: Transport
Operations (Passenger Transport) Amendment Regulation (No. 1)
2015 - 11 September 2015 - Transport Operations
(Passenger Transport) Act 1994.
Heavy Vehicle National Law Amendment Bill 2015 : Report
No. 5, 55th Parliament : Infrastructure, Planning and Natural
Resources Committee | 2015 | Qld
1/09/2015 - This report presents a summary of the
Infrastructure, Planning and Natural Resources Committee's
examination of the Heavy Vehicle National Law Amendment Bill
2015.
More...
Victoria
Acts
Courts Legislation Miscellaneous Amendments Act
2014
Commencement: 1/9/2015 (Part*)
Acts assented to
No. 40: Road Safety Amendment Act 2015
Assent: 8/09/2015 SG (No. 258) 8/9/2015 p. 1
Commencement: Pt 1 (ss 1, 2), Pt 3 (ss 10-12), Pt 4 (s. 13) on
09/09/2015: s. 2(1) Pt 2 (ss 3-9) on 30/10/2015: s. 2(2) Not yet in
operation: Pt 2 (ss 3-9): on 30/10/2015: s. 2(2).
Statutory Rules
No 101: Infringements (General) Further Amendment
Regulations 2015
Made: 1/9/2015 - The objective of these Regulations is to
amend the Infringements (General) Regulations 2006 (a) to prescribe
certain infringement offences under the Electricity Safety Act
1998, the Liquor Control Reform Act 1998, the Marine Safety Act
2010, the Plant Biosecurity Act 2010, the Port Management Act 1995,
the Road Safety Act 1986, the Tobacco Act 1987, and the Transport
(Compliance and Miscellaneous) Act 1983 as lodgeable infringement
offences for the purpose of enforcement under the Infringements Act
2006; and (b) to revoke certain infringement offences.
Dangerous Goods (Transport by Road or Rail ) Amendment
Regulations 2015
Commencement: 1/9/2015 (Whole). More...
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.