In the media
Sydney tradespeople breeze through watchdog audit More than 98 percent of construction tradespeople working on new residential buildings and home renovation projects in Western Sydney have demonstrated proper and adequate compliance with their obligations, a recent NSW has found. Breaches which were detected related to inappropriate licencing (11 November 2014). More...
Working at heights deaths: Self-regulation failing to
prevent fatal building falls, unions say
Unions are calling for tougher safety regulations and enforcement
to stop workers falling to their deaths at worksites, saying more
people will be killed unless self-regulation is scrapped (10 April
2014).
More...
ACCC authorises an accreditation scheme for civil
contractors for underground electrical works
Civil contractors that are not accredited can still perform works
for the electricity distribution businesses in Victoria, as long as
additional quality and safety checks are performed (09 April 2014).
More...
More...
Union labels inquiry a witch-hunt
A Royal Commission into trade union governance, slush funds and
corruption is nothing more than a witch-hunt and taxpayers will be
better served if more money went to enforcing existing laws, unions
say (09 April 2014).
More...
Sussan Corporation Australia ordered to pay Gabrielle
Keegan $235,000 in damages after being bullied by
supervisor
A national women's clothing retailer has been ordered to pay
more than $235,000 in damages to an employee subjected to bullying
after returning from maternity leave. The Cairns Supreme Court
judge 's written decision slammed the Sussan Corporation,
saying it failed to comply with its own bullying and harassment
policy (08 April 2014).
More...
Government must lead construction paradigm shift:
Industry chief
State and federal governments within Australia should use their
position as major clients to lead a fundamental overhaul of
'twentieth century' procurement models for major
construction projects, a respected industry figure says (09 April
2014).
More...
WorkCover and NSW Farmers partner for
safety
WorkCover NSW will partner with NSW Farmers this week to help
raise awareness of the importance of safety on farms in the region.
WorkCover has identified the sheep and beef cattle farming
industries as being among the state's highest risk industries
(07 April 2014).
More...
Comcare: ACT government gets $80m insurance
bill
The ACT government has the fourth-highest insurance premium of 120
government organisations covered by Comcare. The territory has been
billed $80 million for 2013-14 - a 14 per cent year-on-year
increase mostly caused by $7.6 million added by Comcare as part of
a new levy (07 April 2014).
More...
Victorian WorkCover Authority stops press releases on
prosecuted employers
The state government's key workplace authority has quietly
stopped issuing press releases whenever companies are prosecuted
for safety breaches, renewing claims of a political push to make
the agency less hostile to employers (06 April 2014).
More...
Construction site safety blitz progressing
well
WorkCover NSW has conducted 118 audits and issued 32 notices to
construction companies across the State as part of its six-week
work health and safety blitz of commercial sites across Sydney and
hot spots in regional NSW (04 April 2014).
More...
Labor supports militant unions over safety and
productivity
Queensland worksites are becoming the safest and most productive
in Australia with legislation that toughens penalties for
electrical safety breaches and prevents union bullying passed in
Parliament. The Attorney-General and Minister for Justice said the
work health and safety (WHS) reforms restored balance to the system
(03 April 2014).
More...
New law forces unions to give 24 hours' notice
before visiting worksite
Union representatives will now have to give 24 hours' notice
before entering a work site, if they suspect there is a workplace
health and safety issue, under legislation passed by the government
(03 April 2014).
More...
Police called to UTS work site as Lend Lease claims
union trespass
Police and the NSW work safety authority have been called to
intervene in an escalating dispute between Lend Lease and the
construction union on the eve of the Royal Commission into
governance and corruption in trade unions (03 April 2014).
More...
WorkCover overhaul a priority for new SA Parliament The South Australian Government says its flagged overhaul of WorkCover will be the first legislative priority when Parliament resumes next month. Attorney-General John Rau is drafting legislation he says it is vital to reduce WorkCover's unfunded liability by cutting injured workers from the scheme after two years (03 April 2014). More...
Asbestos overhaul to make worksites safer
The State-wide Strategic Plan for the Safe Management of
Asbestos in Queensland to focus on effective cooperation with
local councils, education and enforcement. Workplace incidents will
be handled by the State Government and local councils will cover
complaints about private residences (03 April 2014).
More...
Police consider charging trucking bosses
South Australia Police are considering laying negligent
manslaughter charges against the owners of a trucking company after
one of its drivers was killed in a road crash (01 April 2014).
More...
All Lend Lease sites subject to safety audit by
CFMEU
The CFMEU announced it is conducting safety audits on all Lend
Lease sites around Australia in the wake of the Barangaroo fire
where inadequate evacuation plans meant workers were not accounted
for, for 2.5 hours (01 April 2014).
More...
Truck company may face charges over Adelaide
driver's death
Police are considering charging a northern Adelaide transport
company with negligent manslaughter over the death of one of its
drivers. Eleven of the company's trucks have been defected and
its premises searched. Detective Acting Superintendent Greg
Hutchins says police have declared the death a major crime (02
April 2014).
More...
Published - articles, papers, reports
Communique - Safe Work Australia Members' Meeting No
19
Released on 3 April 2014, key outcomes of the meeting are
outlined, including Model work health and safety (WHS) laws; Future
directions of Safe Work Australia; Priority hazardous chemicals.
More...
In practice and courts
Changes to Plant Item and Design Registration
payments
From 1 April 2014, Comcare will only accept credit card as the
method of payment for Plant Item Registration and Plant Design
Registration fees (31 March 2014).
More...
Comcare National Conference 2014
The 2014 Comcare National Conference returns to Melbourne from
9–11 September 2014 at the Melbourne Convention and
Exhibition Centre. Visit the 2014 Comcare National
Conference website to register your interest to attend or be
involved as a sponsor/exhibitor. More information will be available
soon with registrations opening in March 2014.
TGA: Medicines Safety Update, Volume 5, Number 2, April
2014
Includes profile on Methoxyflurane and occupational exposure. More...
New Standards
AS/NZS 2161.6:2014
Occupational protective gloves - Protective gloves for structural
firefighting - Laboratory test methods and performance
requirements.
AS/NZS 4871.1:2012/Amdt 1:2014
Electrical equipment for mines and quarries - General
requirements.
NSW Fair Trading: Deck and balcony safety
Balconies, decks, balustrades and railings must be built to meet
the requirements of the Building Code of Australia and relevant
Australian Standards. The Building Code requires the structure and
materials used to build a balcony or deck withstand the normal
stresses that would be placed on it.
More...
QLD: Statewide Strategic plan for the safe management of
asbestos in Queensland 2014-2019
The aim of this plan is to provide a strategic and coordinated
approach to the regulation and management of asbestos in Queensland
to minimise the risk of exposure to asbestos fibres at workplaces,
domestic premises and in the natural environment (03 April 2014).
More...
NSW Reminder: Workcover Farmer Safety
Rebate
The rebate is available until April 30, 2014. The $2,000 rebate is
payable to businesses which spend money on initiatives to make
working with tractors or livestock safer, or reduce employee
exposure to sun and noise.
More...
Cases
SAS Trustee Corporation v Woollard [2014] NSWCA
75
Order that the matter be remitted to the Industrial Court to be
dealt with according to law. ADMINISTRATIVE LAW - judicial review -
jurisdictional error - court acting without power. APPEAL-
Jurisdiction of Industrial Court to hear appeal - Superannuation
Administration Act 1996 (NSW), s 67(5) STATUTORY INTERPRETATION -
principles - purposive approach - use of regulations when
interpreting primary act WORDS AND PHRASES - "injury" -
"notified" - Police Regulation (Superannuation) Act 1906
(NSW), s 10B.
More...
Keegan v Sussan Corporation (Aust.) Pty Ltd
[2014] QSC 064
TORTS – NEGLIGENCE – ESSENTIALS OF ACTION FOR
NEGLIGENCE – DUTY OF CARE – REASONABLE FORESEEABILITY
OF DAMAGE – GENERALLY – where the plaintiff claims
damages for personal injury and consequential loss arising as a
result of the negligence, breach of contract or breach of statutory
duty of the defendant, its servants or agents – where the
plaintiff alleges she suffered a psychiatric injury as a result of
bullying and harassment by her supervisor – whether the
defendant took appropriate precautions to prevent such an injury
from occurring – whether the risk of the plaintiff sustaining
a recognisable psychiatric illness was reasonably foreseeable as a
consequence of the defendant's breach of duty. TORTS –
NEGLIGENCE – ESSENTIALS OF ACTION FOR NEGLIGENCE –
DAMAGE – GENERAL – where the plaintiff has been unable
to function in her role as mother, wife and employee as a result of
the defendant's breach of duty – whether the
plaintiff's award should be reduced because of her personality
traits. More...
Verney v The Mac Services Group Pty Ltd [2014]
QSC 057
Negligence – Master and Servant – Scope of Duty - Duty
of Care – Safe System of work – Employer's duty to
provide safe system - Failure to take reasonable care for
employee's safety - Burden of Proof – Quantum -
Assessment of Damages. More...
McDermott v Robinson Helicopter Company [2014] QSC
034
TORTS – NEGLIGENCE – DANGEROUS AND INJURIOUS THINGS,
ETC – BREACH OF DUTY OF CARE – where the plaintiff was
seriously injured in a helicopter accident – where the first
defendant was the manufacturer of the helicopter and the helicopter
Maintenance Manual – where the plaintiff alleged that the
accident and its consequences were caused by the first
defendant's negligence in failing to exercise reasonable care
to ensure that the Maintenance Manual provided an adequate
inspection procedure to detect the cause of the accident –
where the first defendant alleged that the Maintenance Manual
provided for all appropriate and adequate inspection procedures
– whether the Maintenance Manual was adequate to prevent the
cause of the accident. TRADE AND COMMERCE – COMPETITION, FAIR
TRADING AND CONSUMER PROTECTION LEGISLATION – CONSUMER
PROTECTION – LIABILITY OF MANUFACTURER OR IMPORTERS FOR
DEFECTIVE GOODS – where the plaintiff was seriously injured
in a helicopter accident – where the first defendant was the
manufacturer of the helicopter and the helicopter Maintenance
Manual – where the plaintiff alleged that the instructions
relating to inspections in the Maintenance Manual were inadequate
– where the plaintiff alleged that those inadequacies
rendered the Maintenance Manual and the helicopter defective
– where the plaintiff alleged that those defects caused the
plaintiff to suffer damage and loss – whether the helicopter
and/or the Maintenance Manual had a "defect", for the
purposes of s 75AD and s 75AE of the Trade Practices Act. More...
Larner v George Weston Foods Ltd [2014] VSCA
62
NEGLIGENCE – Psychiatric injury suffered by employee –
Whether employer breached duty of care – Whether warning
signs to employer that employee was at risk of psychological
collapse – Employer entitled to assume employee capable of
performing contract in absence of warning signs – Operation
of contract not qualified by hindsight – Koehler v
Cerebos (Australia) Ltd (2005) 222 CLR 44 applied. CONTRACT
– Contract of employment – Alleged breach of express
and implied terms – Whether statements were promissory
– Oscar Chess Ltd v Williams [1956] EWCA Civ 5;
[1957] 1 WLR 370 and Upper Hunter County District Council v
Australian Chilling and Freezing Co Ltd [1968] HCA 8; (1968)
118 CLR 429 referred to – Whether psychiatric injury and
disorder flowed naturally from any breach or should have been
within the contemplation of the employer – Remoteness –
Hadley v Baxendale (1854) 9 Ex 341; 156 ER 145 and Baltic
Shipping Company v Dillon [1993] HCA 4; (1993) 176 CLR 344 applied.
More...
Grocon & Ors v Construction, Forestry, Mining
and Energy Union & Ors (No 2) [2014] VSC
134
CONTEMPT OF COURT – Breaches of restraining orders –
Parties – Contempt proceedings commenced by private companies
– Attorney-General joined as co-plaintiff shortly after
commencement – Late application by defendant for removal of
Attorney-General – Whether Attorney-General a proper or
necessary party – Discretionary factors – Application
for removal refused – Supreme Court (General Civil Procedure)
Rules 2005 r 9.06(a). CONTEMPT OF COURT – Breaches of
restraining orders - Blocking access to building sites –
Hindering deliveries to building sites – Whether civil
contempt or criminal contempt – Industrial context
–Relevant sentencing principles – Objective seriousness
– Proportionality – Consistency – Totality
– General and specific deterrence – Whether convictions
should be recorded – Quantum of fines – Orders as to
costs. More...
Legislation
Commonwealth
Vehicle Standard (Australian Design Rule 58/00 –
Requirements for Omnibuses Designed for Hire and Reward) 2006
Amendment 2
This instrument amends Vehicle Standard (Australian Design Rule
58/00 – Requirements for Omnibuses Designed for Hire and
Reward) 2006 to allow United Nations Regulation 107 from the 02 to
the 05 series of amendments as further alternative standard for
small omnibuses. 'Small Omnibus' having an occupant
capacity of up to 15 persons, including the driver, provided that
the requirements of clauses 58.23 and 58.24 of this standard are
met" Registered 09 April 2014. More...
NSW
Proclamations commencing Acts
Police Amendment (Police Promotions) Act 2014 No 4 (2014-158) — published LW 4 April 2014.
Regulations and other miscellaneous instruments
Liquor Amendment (Sydney CBD Entertainment Precinct) Regulation 2014 (2014-162) — published LW 4 April 2014.
Police Amendment (Police Promotions) Regulation 2014 (2014-163) — published LW 4 April 2014.
Surveillance Devices Regulation 2014 (2014-165) — published LW 4 April 2014.
Queensland
Acts as passed
No 14:
Work Health and Safety and Other Legislation Amendment Act
2014
Stage reached: Passed with amendment on 3/04/2014
Assent Date: 9/04/2014 Act No: 14 of 2014 Commences: by
Proclamation.
Subordinate legislation as made
No 39
Liquor Amendment Regulation (No. 1) 2014 – 11 April
2014
Liquor Act 1992 - Amendment of s 27A (Drinking water to be
available) (1) Section 27A(2) and (3)—insert — The
licensee must ensure clean and potable drinking water is available
to each patron of the licensed premises.
Victoria
Acts received assent on 08 April 2014
No 25: Justice Legislation Amendment (Discovery, Disclosure and
Other Matters) Act 2014
No 26: Mental Health Act 2014
No 27: Transport (Safety Schemes Compliance and Enforcement) Act
2014
Acts received assent on 03 April 2014
No. 21: Gambling and Liquor Legislation Amendment
(Reduction of Red Tape) Act 2014
Assent: 1/04/2014 SG (No. 104) 1/4/2014 p. 1 Commencement: Not yet
in operation: N/A.
Statutory rules made 8 April 2014
No 13:Victims of Crime Assistance Amendment No. 1 Rules 2014.
Bills Introduced and Second Read in the first House 03 April 2014
Gambling and Liquor Legislation Amendment (Modernisation)
Bill
Sentencing Amendment (Baseline Sentences) Bill
Victorian Legislation can be viewed at www.legislation.vic.gov.au
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