Australia: Work Health & Safety - What's News - 23 June 2015

Last Updated: 4 July 2015
Article by Charles Power, Stephen Trew and Michael Selinger

Most Read Contributor in Australia, September 2017

In the media

One Worker Injured Every Day In Latrobe Valley
Minister for Finance, Robin Scott, urged local businesses to increase their focus on workplace safety, particularly in high risk industries such as manufacturing and health (19 June 2015). More...

FIFO work can increase risk of mental health issues, committee finds
A West Australian parliamentary committee investigating the mental health impact of fly-in, fly-out (FIFO) work has found FIFO operations can lead to a "heightened risk of mental health issues" (18 June 2015). More...

Retailers urged not to discount safety during sales rush
Workers and employers in Victoria's retail sector are being urged to focus more closely on workplace safety during the busy end of financial year sales period. WorkSafe inspectors are visiting retail stores paying particular attention to poor manual handling practices, which account for around half of the injuries in the retail sector (18 June 2015). More...

Canberra Hospital bullying allegations subject of independent review
An independent review of the Canberra Hospital's training culture is commissioned by the ACT Government to examine allegations of bullying (17 June 2015). More...

Ice epidemic hits construction, manufacturing and transport
In a submission to the Parliamentary Joint Committee on Law Enforcement's inquiry into crystal methamphetamine (Ice) the Australian Industry Group (Ai Group) has highlighted the particular dangers of the ice epidemic for the manufacturing, construction and transport industries (16 June 2015). More...

AMA urges men to get up, stand up, and get moving to improve their health
AMA Vice President, Dr Stephen Parnis, today urged Australian men to get serious about looking after their own health. Dr Parnis said that Men's Health Week is an ideal time for men of all ages to make simple but important lifestyle decisions to extend their lives and improve their quality of life (16 June 2015). More...

Harrington v Coates Hire Operations case decision in favour of employee
In this case, the court found in favour of the driver and ordered that his employer reinstate him after he was fired in 2014 for a breach of safety regulations, following an incident where a Portaloo got too close to live tram wires. He had worked for the company for a period of 12 years (16 June 2015). More...

NSW WorkCover watchdog calls for simpler system
Amendments made to WorkCover NSW in 2012 have left the program "overly complex and a source of confusion and frustration for all scheme participants", according to the WorkCover Independent Review Office (WIRO). The paper recommends two pieces of legislation that govern the scheme – the Workers' Compensation Acts 1987 and 1998 – should be merged into one (15 June 2015). More...

Palaszczuk 'righting the wrongs' of Newman WorkCover changes
The Queensland Government is to wind back "harsh and unfair" changes to WorkCover legislation made under former premier Campbell Newman (15 June 2015). More...

Stand up desks in the workplace
Standing desks are increasingly being adopted by businesses that wish to meet their duty of care to provide healthy workspaces for their staff (15 June 2015). More...

Public servants and Defence personnel run risk of electrocution: union
Thousands of public servants and ADF personnel risk electrocution when they show up for work at the Defence Department's Canberra offices. The danger comes from desk-mounted power boards that are secured to the furniture by a set of pins which can come loose, allowing the plugs to come into contact with the desk (08 June 2015). More...

West End warehouse party shut down amid fire safety breaches
Fire authorities are likely to prosecute the organisers of a large unregistered party that was shut down in inner Brisbane over fire safety breaches (14 June 2015). More...

The average Australian worker: unfit, overweight, stressed and at risk
Doctors say study of more than 30,000 workers shows that health problems are a pressing issue for governments if they want to boost productivity. The average Australian worker is stressed, overweight, unfit and has a cholesterol or blood pressure problem, new findings show (12 June 2015). More...

Trucking company boss Peter Colbert ignored warnings that led to driver's death
A trucking company boss accused of the manslaughter of a driver killed in one of the firm's trucks ignored repeated warnings about the vehicle's brakes, a court has heard (11 June 2015). More...

Rising temperatures could lead to more Aussie disasters
Rising temperatures both at home and abroad could lead to an increased risk of storms and flash flooding, according to a new study. The report comes as a leading international consulting firms warned the business community of the impact climate change is likely to have on investments (11 June 2015). More...

New CQ mine project approved with FIFO conditions
A new Central Queensland mine project will need to make hundreds of jobs available for locals as well as fly-in, fly-out workers under a new independent approval (11 June 2015). More...

No jab, no job for future ambos
Victorian paramedics do not have to be vaccinated, despite concerns that unprotected health care workers could transmit diseases to patients (08 June 2015). More...

Coroner should probe cladding blaze, firefighters say
The Metropolitan Fire Brigade in Melbourne has asked a coroner to investigate a high-rise fire that spread rapidly due to the use of flammable cladding. The flammable cladding, Alucobest, was imported from China and was not tested to Australian standards (09 June 2015). More...

Published – articles, papers, reports

Safety Standards Published

DR AS/NZS 4399:2015
Sun protective clothing - Evaluation and classification. More...

AS 1418.11:2014/Amdt 2:2015
Cranes, hoists and winches - Vehicle-loading cranes (EN 12999:2011, MOD). More...

In practice and courts

Industrial Relations (Restoring Fairness) and Other Legislation Amendment Bill 2015
Practitioners should be aware that the Bill passed through the Queensland Parliament on 4 June. It amends the Industrial Relations Act 1999. Particular note should be taken of s25 of the amending Act, which has a significant impact on access to legal representation in matters under the Act, and practitioners operating in that area should familiarise themselves with the amendment. More...

NSW: Parliament Government responses due
Review of the inquiry into allegations of bullying in WorkCover NSW (response due) (Thu 11).
Loose fill asbestos insulation (response due) (Wed 17).

NSW: Loose-fill asbestos weekly update
As of 5 June, 2015, 1,949 properties had been tested with 1,941 samples determined to not contain asbestos. Samples for properties in Berrigan Shire, Yass Valley, Greater Hume and Queanbeyan City (five) local government areas have returned positive results. Testing is ongoing with licensed asbestos assessors currently undertaking inspections of properties. More...

Alertness Summit 2015: A New Framework Driving Heavy Vehicle Safety
The event will be held on, 30 June 2015, Canberra, ACT. National summit on improving the evidence base for heavy vehicle driver fatigue regulation, hosted by the Cooperative Research Centre for Alertness, Safety and Productivity in collaboration with the National Transport Commission. More...

HazMat Conference, 16-17 June 2015, Australian Technology Park NSW
The HazMat Conference focuses on creating a safer world through ensuring required information is accurate, appropriate and available for anyone who interacts with dangerous goods and hazardous chemicals. It will address the need for information sources such as chemical registers, emergency procedure guides, labels and safety data sheets (SDS). More...


Maarbani v WorkCover Authority of NSW [2015] NSWCATAD 122
Explosives licensing – Security clearance – Fit and proper person – Offences under explosives legislation - Consideration of circumstances underlying criminal convictions. More...

Forestry Corporation of New South Wales v Mawson [2015] NSWWCCPD 34
Challenge to finding of fact where concessions made by a party are disregarded by Arbitrator; Arbitrator's duty to do justice to the issues posed by the parties; Approved Medical Specialist to have access to decision made on appeal. More...

Boon v Summs of Qld Pty Ltd t/a Big Bill's Bobcats [2015] QSC 162
TORTS – NEGLIGENCE – ESSENTIALS OF ACTION FOR NEGLIGENCE – STANDARD OF CARE – GENERALLY – where the plaintiff was stabbed with a Leatherman knife in his left hand during a lunch break at a construction site by an employee of the defendant company – where the plaintiff suffered physical and psychiatric injuries – whether the employee of the defendant company was negligent – whether the defendant company is vicariously liable for the negligent act of its employee – whether the defendant company is personally liable for breaching its duty to take reasonable care not to expose the plaintiff to a foreseeable risk of injury. More...

Moynes v Heilbronn & Anor [2015] QDC 143
DAMAGES – PERSONAL INJURIES – QUANTUM – Where dispute as to extent and consequences of whiplash injury suffered in motor vehicle accident – Whether subsequent symptoms, including headaches, causally related to the accident – Dispute as to various heads of damages, including past loss of earnings and future loss of earning capacity. More...

Srbinovski v Americold Logistics Ltd [2015] VSCA 139
TORT – Negligence – Jury trial – Award of damages – Jury verdict in favour of appellant for $50,000 – Whether assessment of damages open to jury on evidence most favourable to the respondent – Whether comments by counsel for the respondent at trial was likely to mislead the jury – Whether attack on appellant's credit at trial was likely to mislead the jury – Jury's assessment of damages was open to jury on evidence adduced – Appeal dismissed – No point of principle. More...

Mutch v BHP Billiton Ltd & Ors [2015] VSC 253
PRACTICE AND PROCEDURE – Application to transfer proceeding to Supreme Court of South Australia – Claim in tort for personal injury through exposure to asbestos in South Australia from 1969 to 1979 – Plaintiff long since residing in Victoria – Mesothelioma – Short life expectancy – Whether proposed transfer in the interests of justice – Jurisdiction of Courts (Cross-Vesting) Act 1987, s 5(2) – Dust Diseases Act 2005 (SA). More...

Victoria OHS Enforcements

Denpak Pty Ltd 007 149 046 16/06/2015
Failure to provide a safe system of work; Guarding; Failure to provide and maintain plant. Occupational Health and Safety Act 2004 21(1); 21(2)(a) ; Magistrates' Court. On 16 June 2015, the Broadmeadows Magistrates' Court fined the Accused $23,000, without conviction, and ordered it pay costs in the amount of $3,317.00. More...



Australian Radiation Protection and Nuclear Safety Amendment Bill 2015
Registered 19 Jun 2015 Introduced HR 18 Jun 2015. A Bill for an Act to amend the Australian Radiation Protection and Nuclear Safety Act 1998. More...

Poisons Standard July 2015
This standard substitutes the Poisons Standard June 2015, and consists of the Standard for the Uniform Scheduling of Medicines and Poisons No. 8 (SUSMP) as set out in Schedule 1 of this standard Made 12 Jun 2015 Registered 18 Jun 2015. More...

New South Wales

Regulations and other miscellaneous instruments

Electricity (Consumer Safety) Amendment (Fees) Regulation 2015 (2015-288) — published LW 12 June 2015.

Mental Health Amendment (Fees) Regulation 2015 (2015-304) — published LW 19 June 2015.

Poisons and Therapeutic Goods Amendment (Fees) Regulation 2015 (2015-305) — published LW 19 June 2015.

Rail Safety National Law National Regulations (Fees) Variation Regulations 2015 (2015-317) — published LW 19 June 2015.

Rail Safety National Law National Regulations Variation Regulations 2015 (2015-318) — published LW 19 June 2015.



No. 12: Veterans and Other Acts Amendment Act 2015
Assent: 21/04/2015 SG (No. 88) 21/4/2015 p. 1 Commencement: Ss 1-9, 11, 14-17, 21, 22 on 22/04/2015: s. 2(1) Pt 5 (s. 10), ss 12, 13, Pt 7 (s. 18), Pt 8 (ss 19, 20) on 15/06/2015: SG (No. 144) 9/6/2015 p. 1

The following Victorian bills received assent 16 June 2015:
- 20/2015 Justice Legislation Amendment Act 2015
- 21/2015 Statute Law Revision Act 2015
- 22/2015 Wrongs Amendment (Prisoner Related
Compensation) Act 2015
. 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.

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”

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.