Australia: What's News In Work Health & Safety? - 20 November 2013

Last Updated: 24 November 2013
Article by Charles Power, Stephen Trew, Michael Selinger, Alistair Salmon and Paul Hardman

Most Read Contributor in Australia, September 2016

In the media

Cost burden on business leads to suspension of new building safety codes
Three health-and-safety codes of practice are being suspended in South Australia because of the cost burden on business. The codes are part of controversial work safety legislation (14 November 2013). More...

Independent Review of Australia's Aviation Safety Regulation
On 14 November 2013 the Deputy Prime Minister and Minister for Infrastructure and Regional Development Warren Truss in Australia announced an independent review of aviation safety regulation in Australia. The review panel will provide its report to the Deputy Prime Minister in May 2014 (14 November 2013).  More...

How safe are your workers
A standard certifier is urging employers and site managers to evaluate the effectiveness of their personal protection equipment. It comes after revelations that some Australian suppliers are offer PPE that fails to meet Australian safety standards (14 November 2013). More...

Worksafe inspectors to focus on border construction safety
Inspectors from WorkSafe Victoria and WorkCover NSW will visit construction sites from November 11-15 to help businesses understand their work health and safety obligations when operating in a border town (11 November 2013).  More...

ACTU wants action as workplace violence predicted to affect one in four employees
Up to one in four people will suffer violence in their workplace during the course of their career, with the direct cost running into millions of dollars a year in Australia (11 November 2013).  More...

Work injuries risk higher in central Queensland and Wide Bay
The Office of Workplace Health and Safety says workers in the central Queensland and Wide Bay region face the highest risk of injury at work.  Data from the department shows labourers face the highest risk of harm in the workplace, with construction and mining and factory processing the most at risk (06 November 2013).  More...

Lockyer Valley farms face safety blitz
Workplace Health and Safety Queensland will inspect Lockyer Valley farms this week to protect seasonal workers from potential hazards. The group says a similar crackdown in the Burnett in 2009 found substandard living and working conditions for foreign workers in the horticulture industry (04 November 2013).  More...

ABARES identifies regulation worth cutting
ABARES has found that around a quarter of federal agriculture regulations could be improved to reduce the burden for farmers. Broadly those are in the areas of environmental and workplace health and safety regulation, where there is often duplication or inconsistent rules between the state and federal levels of government (04 November 2013).  More...

Retail Employee's injury "entirely preventable" – SA
Australian footwear retailer, Betts Group Pty Ltd, has been convicted and fined $33,000 plus legal fees in the Industrial Court after an employee was injured at work. SafeWork SA prosecuted Betts Group Pty Ltd under the Occupational Health, Safety and Welfare Act 1986 for failing to provide and maintain plant in a safe condition and failing to provide a safe system of work (06 November 2013).  More...

Published – articles, papers, reports

Model Code of Practice - Demolition Work
Author: Safe work Australia
This It applies to all types of demolition work and is relevant to demolition contractors as well as persons conducting a business or undertaking who have management or control of workplaces where demolition work is carried out, such as principal contractors (07 November 2013). More...

Guide to handling refractory ceramic fibres
Author: Safe work Australia
This Guide provides information for persons conducting a business or undertaking on how to manage health and safety risks associated with using and removing materials containing refractory ceramic fibres (RCF) and other high bio persistence fibres (HBF) (11 November 2013).  More...

Work health and safety in structural metal product manufacturing: A qualitative research study
Author: Safe Work Australia
The report describes the findings of a qualitative research study on the structural metal product manufacturing industry—an industry with a high rate of work-related injury and illness (11 November 2013).  More...

In practice and courts

Reminder: Draft model Work Health and Safety Code of Practice for Managing Risks in Stevedoring: public comment
Safe Work Australia has released a draft model Code of Practice for Managing Risks in Stevedoring for public comment. A Consultation Regulation Impact Statement on the model Code will be released for comment once it is approved by the Office of Best Practice Regulation. Public comment has been extended to 29 November 2013.  More...

NSW: WorkSafe Safety Soapbox November 2013
The newsletter has items on cross-border construction visits, a Safety Alert from WorkCover NSW: Unmarked Imported Plywood [pdf] which has the potential to fail, and more. Tthere were 42 incidents reported to WorkSafe Victoria from the construction, utility, quarrying and mining industries. The list can be downloaded from the Safety Soapbox for more information.

QLD:  DEIR alert - Industrial rope access safety
The purpose of this alert is to highlight the risks associated with industrial rope access, particularly the methods used to clean the exterior windows of multi-story buildings, after 2 accidents on the Gold Coast (11 November 2013).  More...


Inspector Cooper v Ward [2013] NSWIRComm 95
The defendant is fined an amount of $6500 with a moiety thereof to the prosecutor.
OCCUPATIONAL HEALTH AND SAFETY - prosecution under s 8(1) and s 26(1) of the Occupational Health and Safety Act 2000 - boatbuilding industry - employees exposed by skin contact or inhalation to chemicals - fatality - general deterrence - specific deterrence - steps taken to reduce or eliminate risks - subjective factors - good corporate citizenship - no prior conviction - plea of guilty - penalty – costs.  More...

Inspector Walker v On Track Community Programs Limited [2013] NSWIRComm 87
The defendant is fined the sum of $115,000 with a moiety to the prosecutor.
OCCUPATIONAL HEALTH AND SAFETY - prosecution under s 8(1) of the Occupational Health and Safety Act 2000 - guilty plea - sentencing - defendant non-government, not-for-profit organisation - sources of funding - HASI program - other programmes by defendant - policies and procedures of defendant - Home Visiting Policy - HASI workers - murder of HASI worker during home visit to mentally ill client - evidence - psychiatrist's report - nature of risks - capacity to eliminate, avoid or minimise - admission of mental patient to hospital - failure to obtain discharge summaries - relevant principle - objective factors - nature of risk - whether risk could have been eliminated - duty to control and minimise risk - mitigating factors re failure to obtain discharge summaries - moderate impact on objective seriousness - mitigating or exculpating factors - defendant not responsible clinical assessments under program - no observation of psychotic behaviour - risk unpredictable - need for additional measures - defendant knew of violent history - risk reasonably foreseeable - Consumer Safety Audit - simple remedial measures available - steps taken after incident demonstrate flaws in system - defendant had systems in place - not just paper systems - seriousness of injuries - maximum penalty - aggravation - HASI worker acts contrary to policy in home visit - contribution of third parties - failure to prosecute certain entities - deterrence - offence serious - subjective features strong - applications under ss 10 and 10A of Crimes Sentencing Procedure Act refused - verdict - penalty imposed - moiety - costs - orders made.  More...



Proclamations commencing Acts
Marine Safety Act 1998 No 121 (2013-632) — published LW 8 November 2013 and commencement.
8/11/2013 The un-commenced provisions (other than those listed below) commence 8 November 2013 as per Commencement Proclamation under the Marine Safety Act 1998 No 121 (SLI 2013 No. 632.

Work Health and Safety Amendment Bill 2013
An Act to amend the Work Health and Safety Act 2011 to make further provision for proceedings for offences and for savings and transitional regulations.
13/11/2013 Passed Council with amendment. More...


No 222:Work Health and Safety and Another Regulation Amendment Regulation (No. 1) 2013
State Penalties Enforcement Act 1999, Work Health and Safety Act 2011.
Amendment of s 7 (Meaning of person conducting a business or undertaking —persons excluded).
Section 7(3); Amendment of s 39 (Provision of information, training and instruction) Section 39(3), Amendment of s 82 (Exception for Amendment of s 82 (Exceptions) (1) Section 82(1)—A person who carries out high risk work is not required to be licensed if the work is carried out and other licencing requirements.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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.

Michael Selinger
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”

Mondaq Advice Centre (MACs)
Related Video
Up-coming Events Search
Font Size:
Mondaq on Twitter
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
Email Address
Company Name
Confirm Password
Mondaq Topics -- Select your Interests
 Law Performance
 Law Practice
 Media & IT
 Real Estate
 Wealth Mgt
Asia Pacific
European Union
Latin America
Middle East
United States
Worldwide Updates
Check to state you have read and
agree to our Terms and Conditions

Terms & Conditions and Privacy Statement (the Website) is owned and managed by Mondaq Ltd and as a user you are granted a non-exclusive, revocable license to access the Website under its terms and conditions of use. Your use of the Website constitutes your agreement to the following terms and conditions of use. Mondaq Ltd may terminate your use of the Website if you are in breach of these terms and conditions or if Mondaq Ltd decides to terminate your license of use for whatever reason.

Use of

You may use the Website but are required to register as a user if you wish to read the full text of the content and articles available (the Content). 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 & conditions or with the prior written consent of Mondaq Ltd. You may not use electronic or other means to extract details or information about’s content, users or contributors in order to offer them any services or products which compete directly or indirectly with Mondaq Ltd’s services and products.


Mondaq Ltd and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published on this server for any purpose. All such documents and related graphics are provided "as is" without warranty of any kind. Mondaq Ltd and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Mondaq Ltd 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 or performance of information available from this server.

The documents and related graphics published on this server could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Mondaq Ltd and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.


Mondaq Ltd requires you to register and provide information that personally identifies you, including what sort of information you are interested in, for three primary purposes:

  • To allow you to personalize the Mondaq websites you are visiting.
  • To enable features such as password reminder, newsletter alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our information providers who provide information free for your use.

Mondaq (and its affiliate sites) do not sell or provide your details to third parties other than information providers. The reason we provide our information providers with this information is so that they can measure the response their articles are receiving and provide you with information about their products and services.

If you do not want us to provide your name and email address you may opt out by clicking here .

If you do not wish to receive any future announcements of products and services offered by Mondaq by clicking here .

Information Collection and Use

We require site users to register with Mondaq (and its affiliate sites) to view the free information on the site. We also collect information from our users at several different points on the websites: this is so that we can customise the sites according to individual usage, provide 'session-aware' functionality, and ensure that content is acquired and developed appropriately. This gives us an overall picture of our user profiles, which in turn shows to our Editorial Contributors the type of person they are reaching by posting articles on Mondaq (and its affiliate sites) – meaning more free content for registered users.

We are only able to provide the material on the Mondaq (and its affiliate sites) site free to site visitors because we can pass on information about the pages that users are viewing and the personal information users provide to us (e.g. email addresses) to reputable contributing firms such as law firms who author those pages. We do not sell or rent information to anyone else other than the authors of those pages, who may change from time to time. Should you wish us not to disclose your details to any of these parties, please tick the box above or tick the box marked "Opt out of Registration Information Disclosure" on the Your Profile page. We and our author organisations may only contact you via email or other means if you allow us to do so. Users can opt out of contact when they register on the site, or send an email to with “no disclosure” in the subject heading

Mondaq News Alerts

In order to receive Mondaq News Alerts, users have to complete a separate registration form. This is a personalised service where users choose regions and topics of interest and we send it only to those users who have requested it. Users can stop receiving these Alerts by going to the Mondaq News Alerts page and deselecting all interest areas. In the same way users can amend their personal preferences to add or remove subject areas.


A cookie is a small text file written to a user’s hard drive that contains an identifying user number. The cookies do not contain any personal information about users. We use the cookie so users do not have to log in every time they use the service and the cookie will automatically expire if you do not visit the Mondaq website (or its affiliate sites) for 12 months. We also use the cookie to personalise a user's experience of the site (for example to show information specific to a user's region). As the Mondaq sites are fully personalised and cookies are essential to its core technology the site will function unpredictably with browsers that do not support cookies - or where cookies are disabled (in these circumstances we advise you to attempt to locate the information you require elsewhere on the web). However if you are concerned about the presence of a Mondaq cookie on your machine you can also choose to expire the cookie immediately (remove it) by selecting the 'Log Off' menu option as the last thing you do when you use the site.

Some of our business partners may use cookies on our site (for example, advertisers). However, we have no access to or control over these cookies and we are not aware of any at present that do so.

Log Files

We use IP addresses to analyse trends, administer the site, track movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.


This web site contains links to other sites. Please be aware that Mondaq (or its affiliate sites) are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these third party sites. This privacy statement applies solely to information collected by this Web site.

Surveys & Contests

From time-to-time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose any information requested. Information requested may include contact information (such as name and delivery address), and demographic information (such as postcode, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the functionality of the site.


If a user elects to use our referral service for informing a friend about our site, we ask them for the friend’s name and email address. Mondaq stores this information and may contact the friend to invite them to register with Mondaq, but they will not be contacted more than once. The friend may contact Mondaq to request the removal of this information from our database.


This website takes every reasonable precaution to protect our users’ information. When users submit sensitive information via the website, your information is protected using firewalls and other security technology. If you have any questions about the security at our website, you can send an email to

Correcting/Updating Personal Information

If a user’s personally identifiable information changes (such as postcode), or if a user no longer desires our service, we will endeavour to provide a way to correct, update or remove that user’s personal data provided to us. This can usually be done at the “Your Profile” page or by sending an email to

Notification of Changes

If we decide to change our Terms & Conditions or Privacy Policy, we will post those changes on our site so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.

How to contact Mondaq

You can contact us with comments or queries at

If for some reason you believe Mondaq Ltd. has not adhered to these principles, please notify us by e-mail at and we will use commercially reasonable efforts to determine and correct the problem promptly.