In the media
Nine AFL clubs reported to WorkCover
A formal request has been made to the VWA under Section 131 of the
OHS Act to 'bring a prosecution' against nine AFL clubs:
Carlton, Collingwood, Geelong, Hawthorn, Melbourne, North
Melbourne, Richmond, St Kilda and the Western Bulldogs over the
supplements program (22 June 2014).
More...
Drug and alcohol screening to be enforced on
construction sites
New requirements for tighter screening of drug and alcohol use at
construction workplaces across Victoria will commence from 1 July,
helping to ensure a safer and more secure environment for workers,
Minister for Finance Robert Clark announced today (20 June 2014).
More...
Calls for new aviation rules to be deferred as fallout
from major review continues
A major agricultural aviation association says the introduction of
new regulations for the aviation industry should be deferred until
the outcomes of a review into air safety are finalised. The new
regulations for the industry are due to be implemented in
September, and among other things, focus on pilot licensing (19
June 2014).
More...
Colour blind pilots will not be grounded in Australia
following study: CASA
Australia's flight regulator has rejected suggestions that it
is planning to ground pilots with colour vision deficiency,
commonly referred to as colour blindness, after advising pilots and
licence holders that the authority would be reviewing new research
into colour vision deficiency (18 June 2014).
More...
Trucking fines show threat from 'heavy-handed'
regulation
Although the Scott's fine is the largest we've seen under
this legislation, it is by no means the only one. Chain of
responsibility laws make all parties in the consignment and
delivery chain liable for breaches, including drivers and their
employers, packers, consignors, consignees, loaders and company
directors. However, most liability cover excludes criminal acts,
dishonesty and negligence (16 June 2014).
More...
Push to expand Comcare
An application by DHL Supply Chain in Australia — part of
the giant Deutsche Post DHL group — to register as a
self-insurer with Comcare will be considered by the Safety,
Rehabilitation and Compensation Commission, along with the
consideration of licence extensions for 10 companies including
Commonwealth Bank, Telstra and TNT Australia (11 June 2014).
More...
Crackdown on rogue truck drivers boosts road
safety
Queensland roads are now even safer after the completion of
Operation Austrans, an annual initiative in Australia and New
Zealand targeting heavy vehicle road-safety issues, including
fatigue, speed and drug use (10 June 2014)
Crackdown on rogue truck drivers boosts road safety.
More...
Nurse feared AIDS after patient incident
A Brisbane nurse who feared she had contracted HIV/AIDS after
being dribbled on by a patient will be allowed to claim
compensation. The QIRC has ruled that the compensation application
can go ahead because the underlying reason for Ms Calder's
claim was the psychological disorder she developed, not the actions
of management after the incident (17 June 2014).
More...
Defence force abuse: millions of dollars in compensation
paid to 117 victims
The Australian Defence Force (ADF) has paid more than $4.6m to
more than 100 teenage victims of abuse at a training school for
recruits, a major inquiry has revealed, with violent and serious
abuse taking place over decades at training school in Western
Australia (18 June 2014).
More...
Hazelwood mine operator GDF Suez denies breaching fire
safety regulations
Hazelwood coal mine operator GDF Suez has denied it breached
Victorian regulations by not doing more to improve fire safety at
the site (18 June 2014).
More...
Companies to pay less in Work Cover premiums under
budget changes
Work Cover premiums will fall by an average of 5 per cent for
200,000 employers as a result of state government changes to the
workers compensation scheme, its own forecasts show. Treasurer
Andrew Constance said NSW businesses would save more than $113
million a year as a result of changes to the scheme introduced in
2012 that slashed benefits to injured workers, including amputees
and people with industrial deafness in need of hearing aids (17
June 2014).
More...
Update on investigation into fatalities on Stena Clyde
drilling rig, Bass Strait, August 2012
The complex investigation by the National Offshore Petroleum
Safety and Environmental Management Authority (NOPSEMA) into the
double fatality on the Stena Clyde mobile offshore drilling unit in
the Bass Strait on 27 August 2012 has reached its final stage.
NOPSEMA is committed to supporting the CDPP should the CDPP decide
a prosecution is warranted (16 June 2014). To read the announcement
click here.
Hadgkiss warns employers and workers to obey workplace
laws when attending rally
Workers are reminded they must get permission from their employer
before leaving work to attend rallies, or they risk breaking
workplace laws and could be brought before the courts. FWBC is also
warning employers and unions they could face penalties if they are
involved in paying or demanding strike pay (11 June 2014).
More...
Campaigning against workplace violence in our hospitals
pays off
The introduction of a standardised Code Grey emergency response to
violent incidents in Victorian public hospitals is a significant
outcome in ANMF (Vic Branch)'s bid to improve the safety of the
workplaces of nurses and midwives and its members (11 June 2014).
More...
Construction company director to fight charges over
worker's Canberra death
The director of a Canberra construction company has indicated he
will fight charges over the death of a worker on a north Canberra
building site two years ago (10 June 2014).
More...
Companies to face court over mining contractor
death
Glencore's Mount Isa Mines is one of four companies facing
alleged safety breaches over the death of a contractor last year
(10 June 2014).
More...
Published
Notifiable Fatalities Monthly Report March 2014 SafeWork
Australia
There were 26 work-related notifiable fatalities during March 2014
— 20 male workers and 1 female worker, and 3 male and 2
female bystanders. For further details see the Notified Fatalities
Monthly Report March 2014(19 June 2014).
More...
Australia Work-related fatalities, to June 12
2014
SafeWork Australia
78 Australian workers have been killed while at work and reported
to Safe Work Australia.
The fatalities: 34 in Transport, postal and warehousing; 17 in
Agriculture, forestry and fishing; nine in Mining; five in
Construction; three each in Manufacturing; Electricity, Gas &
Water Services; and Arts & recreation services; two in
Accommodation & food services and one each in Health
care/social assistance; and Rental, hiring & real estate
services.
More...
In practice
NSW Workcover: FAQ: Grouping of related entities for
workers compensation premium purposes
June 2013 - Do I have to register for grouping?
Related employers with combined wages greater than $750,000 are
required to be grouped
Where there is common ownership and/or a controlling interest of
more than 50 per cent directorship and/or shareholding. Related
entities who share common employees are also required to be
grouped. The Workers Compensation Act 1987 (the WC Act) requires
related employers to register for grouping for workers compensation
purposes and is similar to that for pay-roll tax. More detail about
related entities under the WC Act is available from
legislation.nsw.gov.au (June 2014).
Grouping of related entities for workers compensation purposes:
FAQs
QLD WorkCover: Queensland industry classifications for
2014 released
WorkCover Queensland's industry classifications (WIC) and
rates have been released (
Gazette). The
Gazette also details the new premium model for employers with
wages of $1.5 million or less. The table below provides an overview
of the WIC rate reductions. More detailed information on specific
WIC rates is available in the
Gazette. (06 June 2014).
More...
QLD WorkCover: Understanding disclosure of pre-existing
conditions
Queensland legislative changes passed in October 2013 include the
ability for employers to request information about pre-existing
injuries or medical conditions from potential workers are outlined
in a webinar presented on 5 June 2014. Download the
presentation. (10 June 2014)
Cases
Comcare v Nicolas [2014] FCA 638
PRACTICE AND PROCEDURE – application to stay decision of
Administrative Appeals Tribunal pending the hearing and
determination of an appeal to this Court – s 44A(2)
Administrative Appeals Tribunal Act 1975 (Cth) – whether
special circumstances exists to justify departure from rule that a
successful litigant is entitled to the fruits of judgment –
application refused. Safety, Rehabilitation and Compensation Act
1988 (Cth) s 114(1). More...
Workers Compensation Nominal Insurer v Australian Coin
and Bullion Exchange [2014] FCA 646
PRACTICE AND PROCEDURE – application for review of a
decision of a Registrar pursuant to s 35A(5) of the Federal Court
of Australia Act 1976 – application for winding up dismissed
– costs order made in favour of plaintiff – whether
service effected upon defendant – change of address –
whether plaintiff had notice of change of address –
obligations on defendant regarding change of address. More...
Summers v Repatriation Commission [2014] FCA
608
ADMINISTRATIVE LAW – Veteran's entitlements –
appeal from decision of Administrative Appeals Tribunal to refuse
an increase in rate of pension – cross-appeal from decision
of Tribunal that applicant suffered from post-traumatic stress
disorder – whether Tribunal erred in its conclusion that
applicant's alcohol dependence was not "war-caused"
– whether there was no evidence on which Tribunal's
conclusions on alcohol dependence could be based – whether
the Tribunal complied with the requirement to give reasons under s
43 of the Administrative Appeals Tribunal Act 1975 (Cth) –
whether the Tribunal correctly construed the meaning of
"loss" in the provisions of the Veterans'
Entitlements Act 1986 (Cth) pertaining to increased rates of
pension –whether the Tribunal took into account irrelevant
considerations – no error on part of Tribunal identified on
appeal or cross-appeal – appeal and cross-appeal dismissed.
More...
Repatriation Commission v Holden [2014] FCA
605
ADMINISTRATIVE LAW – veteran's entitlements –
widow's pension claim – appeal from decision of
Administrative Appeals Tribunal – whether Tribunal erred in
construction of phrase "sufficient to warrant ongoing
management" – whether there was no evidence on which the
Tribunal's conclusions could be based – whether the
Tribunal complied with the requirement to give reasons under s 43
of the Administrative Appeals Tribunal Act 1975 (Cth) –
nature of appropriate relief –decision set aside –
direction given to Tribunal to provide further reasons and reissue
its decision. More...
Sandford and Linfox Australia Pty Ltd [2014] AATA
375
The Tribunal sets aside the decision under review and substitutes
the following decision:
WORKERS COMPENSATION – back injury – whether continues
to suffer the effects of the injury – whether frank injury or
aggravation of a pre-existing degenerative condition WORKERS
COMPENSATION – treatment reasonable for an employee to obtain
in the circumstances- spinal fusion – need for further
investigations and assessments. Safety, Rehabilitation and
Compensation Act 1988 (Cth) ss 5A, 14, 16, 19. More...
Carbone and Comcare [2014] AATA 376
COMPENSATION – Commonwealth employee – accepted back
condition - whether suffered psychiatric injury secondary to
accepted injury - whether suffered aggravation of injury in March
2013 – whether hours of work under return to work program
were reasonable – whether reasonable excuse not to undertake
return to work program – whether continues to suffer the
effects of compensable injury – whether suffered aggravation
of her psychiatric disorder. Safety, Rehabilitation and
Compensation Act 1988 (Cth) (Act) sections 4, 5A, 5B, 14, 36, 37
and Part II, Div 3. More...
Dafallah v Fair Work Commission (No 2) [2014] FCA
600
By failing to follow the process set out in cl 38 of the Health
Services Union of Australia — Health and Allied Services,
Administrative Officers — Victorian Public Sector —
Multi Employer Certified Agreement 2006-2009 in respect of the
sequence of verbal and written warnings to be given to the
applicant prior to any decision to terminate the applicant's
employment, the second respondent has contravened that Agreement.
More...
McCarron and Comcare [2014] AATA 360
COMPENSATION – Commonwealth employees – applicant
suffered knee injury in workplace in February 2010 –
applicant claimed compensation – respondent accepted
liability to pay compensation for knee injury – respondent
ceased payment of compensation for knee injury in February 2013
– respondent continues to be liable to pay compensation for
medical treatment for knee injury – respondent continues to
be liable to pay compensation for incapacity for work resulting
from knee injury – decision under review set aside. Safety,
Rehabilitation and Compensation Act 1988 (Cth), s 4(1), s 4(9), s
5A, s 5B, s 14, s 16 and s 19. More...
Walsh v Walgett Shire Council [2014] NSWSC
812
Tender rejected EVIDENCE - documentary evidence - statutory
provisions relating to business records - whether document of
WorkCover a 'business record' - whether representations in
document are made in connection with an investigation - whether
investigation must in fact lead to proceedings for exception to
apply - application of s 69(3)(b) of the Evidence Act 1995
(NSW)
EVIDENCE - admissibility - whether discretionary reasons for
refusing to admit evidence - where evidence in the form of answers
to specific questions - where witness not called - application of s
135 Evidence Act 1995 (NSW); Occupational Health & Safety Act
2000 (NSW); Work Health & Safety Act 2011 (NSW). More...
Inghams Enterprises Pty Ltd v Lakovska [2014] NSWCA
194
Dismiss the summons seeking leave to appeal. ADMINISTRATIVE LAW -
judicial review of specialist medical body - alleged error in
identifying injury to be assessed - alleged failure to consider
request for oral hearing - whether procedural unfairness in finding
as to nature of injury
WORKERS COMPENSATION - determination of claim - medical
examination - appeal - whether claim for frank injury or injury
resulting from gradual process - whether medical Appeal Panel
misapprehended nature and extent of injury alleged - whether oral
hearing should have been convened - whether reasons for decision
inadequate. More...
University of New South Wales v AAI Limited [2014] NSWCA
153
Application for leave to appeal refused with costs APPEAL -
decision in point of law - interlocutory decision of Dust Diseases
Tribunal - whether leave to appeal should be granted
WORKERS COMPENSATION - operation of s 151AC Workers Compensation
Act 1987 (NSW) where one or more insurers insolvent. More...
Caulfield v Whelan Kartaway Pty Ltd [2014] NSWWCCPD
34
Second claim for lump sum compensation where the first claim for
such compensation was "specifically sought" prior to 19
June 2012; whether amendments introduced by the Workers
Compensation Legislation Amendment Act 2012 apply to such a claim;
cl 15 of Pt 19H of Sch 6 to the Workers Compensation Act 1987; cl 1
1 of Sch 8 to the Workers Compensation Regulation 2010; ADCO
Constructions Pty Ltd v Goudappel [2014] HCA 18 discussed and
applied; whether any need to establish deterioration since initial
claim for lump sum compensation; estoppel; no estoppel in a
changing situation; effect of initial assessment by an Approved
Medical Specialist; power of Arbitrator in claim for lump sum
compensation where liability is not in issue; application of
principles in Abou-Haidar v Consolidated Wire Pty Ltd [2010]
NSWWCCPD 128 – order revoked.
More...
Ware v NSW Rural Fire Service [2014] NSWWCCPD
33
Meaning of firefighter in cl 25 of Pt 19H of Sch 6 to the Workers
Compensation Act 1987; boilermaker's deafness; deemed date of
injury; s 17 of the Workers Compensation Act 1987
The respondent pay the applicant lump sum compensation in the sum
of $9,625 under s 66 of the Workers Compensation Act 1987 in
respect of a seven per cent permanent impairment resulting from a
loss of hearing deemed to have happened on 20 June 2012.
More...
Fairfield City Council v Arduca [2014] NSWWCCPD
31
Procedural fairness; s 354 of the Workplace Injury Management and
Workers Compensation Act 1998; Commission informing itself; notice
of injury; s 254 of the Workplace Injury Management and Workers
Compensation Act 1998; weekly payments; former s 40 of the Workers
Compensation Act 1987; onus of proof of unreasonable failure to
comply with requirements of Ch 3 of the Workplace Injury Management
and Workers Compensation Act 1998; former s 57 of the Workplace
Injury Management and Workers Compensation Act 1998; challenge to
factual findings.
More...
Chivers v State of Queensland (Queensland Health) [2014]
QCA 141
HUMAN RIGHTS – DISCRIMINATION – GROUNDS OF
DISCRIMINATION – DISABILITY OR IMPAIRMENT – EMPLOYMENT
– where in 2004 the appellant sustained a head injury from a
horse riding accident – where in 2008 the appellant commenced
a Graduate Nurses Program with the respondent – where a
condition of the program was that the appellant would be on a six
month probation period, with a possible extension of three months
in the event of under achievement – where the appellant was
required to work night shifts – where the appellant was
unable to complete night shifts due to headaches and nausea
resulting from her 2004 head injury – where the respondent
initially catered for the appellant's request not to do night
shifts. More...
Australian Leisure & Hospitality Group Pty Ltd v
Simon Blackwood (Workers' Compensation Regulator) &
Campbell [2014] QIRC 105
WORKERS' COMPENSATION - "INJURY" - MEANING OF -
WHETHER AROSE OUT OF, OR IN THE COURSE OF, EMPLOYMENT - WHETHER
EMPLOYMENT A SIGNIFICANT CONTRIBUTING FACTOR - Where appellant was
an employer aggrieved by a decision of the Regulator - Where the
second respondent was a person claiming an entitlement to
compensation as a dependant of the deceased worker - Where the
deceased worker died as a result of injuries sustained when she
dived into shallow water whilst in attendance at what was described
as a "staff social event"/"Christmas party" -
Whether the deceased worker was induced or encouraged to attend at
the place where the injury occurred - Whether the injury was
"referable to the place" - Whether the injury was
suffered whilst the deceased worker was engaged in an activity in
which she was induced or encouraged to engage. More...
Queensland Industrial Relations Commission QIRC
100
WORKERS' COMPENSATION LAW - APPEAL AGAINST DECISION -
Termination of entitlement to compensation in accordance with ss
144A and 144B of Workers' Compensation and Rehabilitation Act
2003 - Notice of Appeal dismissed pursuant to s 331(b) of
Industrial Relations Act 1999 and r 45 of the Industrial Relations
(Tribunals) Rules 2011
INDUSTRIAL LAW - APPLICATION TO DISMISS APPEAL - Application
pursuant to s 331(b) of the Act and r 45 of the Rules - Appellant
failed to comply with directions - Appellant failed to attend
Mention and Hearing of the Appeal - Application to dismiss granted.
More...
Hamey v Mac Services Group Pty Ltd & Anor [2014] QDC
137
EMPLOYMENT LAW - Injury of employee – pre-litigation
procedures – leave to commence proceeding because of urgent
need – condition as to application for extension of
limitation period imposed. More...
Multari v Amaca Pty Ltd [2014] VSC 277
NEGLIGENCE – Asbestos-related illness –Non-pecuniary
loss claim against suppliers of asbestos products – Operation
of Part VBA Wrongs Act 1958 – Whether existence of
'significant injury' to be established before trial. More...
Ebejer v Hobsons Bay City Council & Anor [2014] VCC
795
Serious injury – plaintiff injured in specific incident
– fracture of left tibia and fibula – youthful
plaintiff with extensive sporting and recreational background
– return to full time restricted employment including second
job – extent of consequences – leave sought in respect
of pain and suffering only – leave granted. Accident
Compensation Act 1985 Judgment: Leave granted to bring proceedings
for pain and suffering damages only. More...
Legislation
Commonwealth
CASA EX43/14 - Exemption — hang-gliding and
paragliding operations at Hooley Dooley launch site within active
restricted airspace at Williamtown, NSW
This instrument exempts pilots (being members or guest members) of
Newcastle Paragliding Club, who are also members of the Hang
Gliding Federation of Australia, from the requirements of paragraph
7.6 of Civil Aviation Order 95.8 when operating a hang-glider or
paraglider within military restricted airspace at Williamtown, NSW
(19 June 2014). More...
CASA EX37/14 - Exemption — initial NVG pilot
flight training prerequisites
This instrument permits members of the Saudi Arabian National
Guard and the United Arab Emirates Joint Air Command, who are
registered with Becker Helicopter Services Pty Ltd as trainee night
vision goggles (NVG) pilots, to undertake NVG training for an
initial NVG pilot qualification without meeting the standard
requirements (17 June 2014). More...
Australian Radiation Protection and Nuclear Safety
(Licence Charges) Amendment (2014 Measures No. 1) Regulation 2014
SLI 2014 No. 77
This regulation amends the Australian Radiation Protection and
Nuclear Safety (Licence Charges) Regulations 2000 to increase the
annual licence charges by 2.6% and also increases the licence
charges for certain source licences by varying amounts determined
from a cost recovery review (16 June 2014). More...
Australian Radiation Protection and Nuclear Safety
Amendment (2014 Measures No. 1) Regulation 2014 SLI 2014 No.
78
This regulation amends the Australian Radiation Protection and
Nuclear Safety Regulations 1999 to increase the licence application
fees for a facility or source licence (16 June 2014). More...
Australia New Zealand Food Standards Code —
Standard 1.4.2 — Maximum Residue Limits Amendment Instrument
No. APVMA 6, 2014
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...
NSW
Proclamations commencing Acts
Crimes Amendment (Provocation) Act 2014 No 13 (2014-354) — published LW 13 June 2014
Regulations and other miscellaneous instruments
Civil Liability Regulation 2014 (2014-355) — published LW 13 June 2014
Queensland
Subordinate legislation as made
No 104: Workers' Compensation and Rehabilitation Amendment Regulation (No. 1) 2014 – 20 June 2014 - Workers' Compensation and Rehabilitation Act 2003
No 109: Fire and Rescue Service Amendment Regulation (No. 1) 2014 – 20 June 2014 - Fire and Emergency Services Act 1990
Victoria
Statutory Rules
No. 54: Occupational Health and Safety Amendment Regulations 2014
Date of Making: 17/06/2014 Commencement: 01/07/2014: reg. 3
Not yet in operation: Regs 1-53: on 01/07/2014: reg. 3
Sunset Date: 17/06/2024
No. 55: Equipment (Public Safety) Amendment Regulations 2014
Date of Making: 17/06/2014 Commencement: 01/07/2014: reg. 3 Not yet in operation:
Regs 1-6: on 01/07/2014: reg. 3 Sunset Date: 17/06/2024
No. 56: Dangerous Goods (Storage and Handling) Amendment Regulations 2014
Date of Making: 17/06/2014 Commencement: 01/07/2014: reg. 3 Not yet in operation:
Regs 1-6: on 01/07/2014: reg. 3 Sunset Date: 17/06/2024
1
No. 67: Road Safety (General) Amendment (Corporate Penalties) Regulations 2014
Date of Making: 17/06/2014 Commencement: 01/07/2014: reg. 3 Not yet in operation: Regs 1-6: on 01/07/2014: reg. 3 Sunset Date: 17/06/2024
No. 68: Road Safety Road Rules Amendment (Corporate Penalties) Rules 2014
Date of Making: 17/06/2014 Commencement: 01/07/2014: rule 3 Not yet in operation:
Rules 1-7: on 01/07/2014: rule 3 Sunset Date: 17/06/2024
Victorian legislation can be accessed from www.legislation.vic.gov.au
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.
