Australia: Inside Track: Work Health and Safety - In the media, In practice and courts, Cases and Legislation

Last Updated: 25 July 2019
Most Read Contributor in Australia, September 2019

In the media

Training organisation fined $200,000 for fraud
An occupational health and safety training organisation has been convicted and fined $200,000 for falsifying scaffolding and forklift training records. An assessor employed by the company has also been fined $25,000 without conviction (19 July 2019). More...

Construction site supervisor who set fire to apprentice pleads guilty in tribunal
An Adelaide construction site supervisor who doused an apprentice in flammable liquid and set his clothes on fire has pleaded guilty to breaching the Work Health and Safety Act (17 July 2019). More...

Queensland takes action following string of mining accidents
The resources industry responded by calling for a safety reset at mines and quarries across Queensland by the end of August. Queensland's Mining Safety and Health Advisory Committee now includes a district workers' representative and Queensland Mines Inspectorate. (16 July 2019). More...

Champion month for workplace safety
Safe Work Australia has announced that the theme for this year's National Safe Work Month, to be held in October, is for every worker to Be a Safety Champion (16 July 2019). More...

New resource to protect outdoor workers
ARPANSA has contributed to the Cancer Council's new resource for people who work outdoors and their employers. Skin cancer and outdoor work— A work health and safety guide provides workers with information and strategies on identifying and managing UV radiation as a workplace hazard (15 July 2019). More...

Taskforce to clean up additional dangerous goods site
The WorkSafe-led taskforce overseeing the removal of waste chemicals in the northern suburbs will clear another site in Campbellfield. Under Victoria's Dangerous Goods Act, duty holders who breach regulations in relation to the storage and handling of dangerous goods are required to take action to ensure their sites comply with the law (13 July 2019). More...

World update recognises emotional key to healthy workplaces
In its recent 11th Revision of the International Classification of Diseases, The World Health Organisation recognised the serious effects of burnout, defining it as a syndrome resulting from chronic workplace stress that has not been successfully managed (12 July 2019). More...

Foundry fined $650,000 after worker's death
Bradken Resources Limited was fined in the Melbourne County Court after being found guilty by a Wangaratta County Court jury of failing to provide and maintain safe plant following a 10 day trial. A WorkSafe investigation into the 22 July 2014 death led to the company being charged with a single breach of the Occupational Health and Safety Act (10 July 2019). More...

Tradesman convicted in relation to bullying young workers
SafeWork NSW is encouraging businesses to remember mental health at work after a Hunter tradesman was convicted of failing to take reasonable care that his actions did not adversely affect the health and safety of two young workers (09 July 2019). More...

$150,000 fines imposed after deadly duck farm fall
The trustee of a duck farm operator and a maintenance contractor have each been fined $75,000 following the death of a worker at a property near Nhill. Friosal Enterprises trustee Glenn Fraser pleaded guilty to a charge of failing to provide and maintain systems of work that were safe and without risks to health (09 July 2019). More...

Fine imposed for high-pressure clean of asbestos roof
A ruling in the Southport Magistrates Court has again highlighted the dangers of cleaning asbestos roofs and that codes of practice must be followed. A company which operates childcare centres was fined $3,500 for a breach of section 446 of the Work Health and Safety Regulation 2011 (08 July 2019). More...

Published – articles, papers, reports

Safe Work Australia Fatality statistics
As at 8 July, there have been 77 Australian workers killed at work in 2019. The numbers and industries may vary from one report to the next, as Safe Work receives more detailed information. More...

In practice and courts

New Guide Helps to Reduce Injury & Fatality in the Mining Sector
The Minerals Industry Safety & Health Centre and Australian Mines & Metals Association has released their latest edition of the Augmented Reality Mining & Quarry Industry Guide to Workplace Safety 2019/20, distributed free of charge Australia wide (11 July 2019). More...

OFSC: Changes to Accredited Contractor reporting requirements 2019
Scheme Project information, including End of Project information has been reported on the new Scheme Biannual Report from 1 July 2019 and the first Scheme Biannual Report, for the January to June 2019 reporting period, is due by 31 July 2019. More...

SafeWork Australia: consultation regulation impact statement: Recommendations of the 2018 Review of the Model WHS Laws
Safe Work Australia (SWA) is calling on stakeholders to provide feedback on recommendations for improving the model work health and safety laws. Before implementing the recommendations, SWA is calling for anyone who may be affected by them to provide feedback via their Engage page. Written submissions are due by 5 August 2019. More...


SafeWork NSW Incident Report: Roofer fall from height
SafeWork NSW commenced an investigation to determine the cause and circumstances of the incident.
You should consider 'reasonably practicable' control measures to manage the risk of falls (9 July 2019). More...


Fatal incident when excavator engulfed after pit wall failure | Business Queensland
Mines safety alert 364
On Wednesday 26 June 2019 at approximately 12.20pm, a 55 year old coal mine worker was fatally injured while he was operating an excavator at an open cut coal mine in Queensland's Bowen Basin (09 July 2019). More...


Safety Soapbox
Feature: A reasonable risk control for hazards constantly changes over time as new ways to eliminate the hazard or reduce the risk become available or suitable in the industry (17 July 2019). More...


SafeWork NSW v E G Knight & Sons Pty Ltd [2019] NSWDC 336
OCCUPATIONAL HEALTH & SAFETY – plea of guilty – general principles – foreseeability – objective seriousness of the offence – safety management system – objective knowledge of defendant CRIME – prosecution – work health & safety – duty of persons undertaking business – duty of employers – risk of death or serious injury – plea of guilty – general and specific deterrence – unguarded farm machinery

Mark Rolph v SafeWork NSW and Anor [2019] NSWIRComm 1043
WORKPLACE HEALTH AND SAFETY – application for external review – determination of work groups – whether work groups should be subject to geographical restriction – mobility of workforce – uniqueness of risks across network – balance of considerations

SafeWork NSW v Millwell Cush Pty Ltd [2019] NSWDC 302
CRIMINAL LAW – prosecution – work, health & safety – duty of persons undertaking business – risk of death or serious injury SENTENCE – objective seriousness – mitigating factors – aggravating factors – plea of guilty – general deterrence – specific deterrence – appropriate penalty COSTS – prosecution costs

R v Truslan Constructions Pty Ltd [2019] NSWDC 321
CRIMINAL LAW – prosecution – Work, Health & Safety – duty of person undertaking business – risk of death or serious injury – aggravating and mitigating factors – specific deterrence – general deterrence

Victorian Prosecution Result Summaries and Enforceable Undertakings
Spence Building and Joinery Pty Ltd Colac Magistrates' Court
Occupational Health and Safety Act 2004,Occupational Health and Safety Regulations 2017 Section 21(1) & 327 Outcome 15 July 2019
Mohammed Aktifan Broadmeadows Magistrates' Court
Workplace Injury Rehabilitation and Compensation Act 2013 Section 585(1) Outcome 12 July 2019



Subordinate legislation as made – 19 July 2019
No 139 Electrical Safety Amendment Regulation (No. 1) 2019
Omission of s 73A (Work involving PV modules at solar farms)
No 140 Mining Legislation (Classification of Chemicals) Amendment Regulation 2019
Amendment of Coal Mining Safety and Health Regulation 2017 and Hazardous chemicals and dangerous goods

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.

To print this article, all you need is to be registered on

Click to Login as an existing user or Register so you can print this article.

Similar Articles
Relevancy Powered by MondaqAI
Some comments from our readers…
“The articles are extremely timely and highly applicable”
“I often find critical information not available elsewhere”
“As in-house counsel, Mondaq’s service is of great value”

Related Topics
Similar Articles
Relevancy Powered by MondaqAI
Related Articles
Up-coming Events Search
Font Size:
Mondaq on Twitter
Mondaq Free Registration
Gain access to Mondaq global archive of over 375,000 articles covering 200 countries with a personalised News Alert and automatic login on this device.
Mondaq News Alert (some suggested topics and region)
Select Topics
Registration (please scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of

To Use you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.


The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.


Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions