In the media
ALC Compliance Summit: New research shows safety
leadership crucial
Initial findings presented at the Australian Logistics
Council's Supply Chain Safety & Compliance Summit by
University of NSW senior research fellow point to active and
responsive management, risk assessments, enforcement of rules and
driver involvement as likely to be central to success in building a
company safety culture (27 August 2015).
More...
Education trumps punitive WHS approach
Some WHS regulators are increasingly taken an educative
approach to workplace safety without compromising their legal
obligations under WHS laws. WorkCover NSW, which is soon to be
overhauled with SafeWork NSW being the safety arm, has prided
itself on changing tactics from being prosecutorial to prevention
focused in an effort to boost workplace safety (27 August
2015).
More...
Don't let chemicals ruin your spring
Personal protection when handling chemicals is a high
priority for Victorian grain and sheep producer Duncan Giles, who
knows first-hand the dangers of hazardous exposure. He now uses
protective gloves, a heavy dairy farming apron to protect against
splashing and a cartridge respirator in the tractor cab when
handling chemical products (26 August 2015).
More...
Service station operator fined, convicted over LPG
fire
A Sydney service station operator has been fined $85,000
and convicted for failing to ensure the health and safety of its
workers and putting other persons at risk after a dangerous gas
fire broke out at the service station (26 August 2015).
More...
Company fined after worker nearly killed at Canberra
Hospital work site
A Canberra worker was clinically dead before he could be
revived by medical staff after he received an electric shock at the
Canberra Hospital redevelopment. Industrial Magistrate Lorraine
Walker fined Canberra project management firm, Iqon, $15,000 for
failing to comply with a safety duty, saying the sentence would
acknowledge the harm done to the victim act as general deterrence
to other companies (24 August 2015).
More...
Road Safety Remuneration Tribunal issues draft RSRO on
minimum payments for contractor drivers
The Road Safety Remuneration Tribunal (the Tribunal) has
issued a draft road safety remuneration order
(RSRO) on minimum payments for contractor drivers.
The clauses in the draft Payments RSRO impose requirements on
employers or hirers of road transport drivers and participants in
the supply chain (26 August 2015).
More...
NTC seeks more information to bolster fatigue data
The National Transport Commission (NTC) is looking to
develop its knowledge of fatigue issues in the Australian heavy
vehicle industry, and is calling for public submissions on ways to
collect new data (24 August 2015).
More...
Road safety action plan to save lives on Queensland
roads
Minister for Road Safety Mark Bailey today released the
Palaszczuk Government's new Road Safety Strategy and Action
Plan, a road map to improve safety, reduce injury and curb the
state's road toll (24 August 2015).
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AFP woman staffer wins compensation after being sexually
harassed and bullied by colleagues
An unsworn Australian Federal Police employee has won a
compensation battle after being intimidated, bullied and sexually
harassed by colleagues while working in Canberra. AATA deputy
president Gary Humphries found Comcare was liable to pay the woman
compensation for an adjustment disorder (21 August 2015).
More...
Industrial psychologist says mining managers need to
'dramatically re-think' approach to safety
Mining companies pride themselves on the absence of
accidents as an indicator of their commitment to safety, but one
expert says that mindset is fuelling safety failures (21 August
2015).
More...
Defence fined $220,000 for training death of commando
and wounding of comrade
The Defence Department has been fined $220,000 for Lance
Corporal Edwards' death and the wounding of a second soldier in
2009. The Federal Court found Defence had breached the health and
safety laws by not providing correct supervision, and failing to
take all reasonably practicable steps to provide and maintain a
working environment for employees that was safe and without risk to
their health (20 August 2015).
More...
Former worker awarded $170,000 compo in disability
discrimination case
The court ruled Corrective Services failed to make
"reasonable adjustments" to Caryn Huntley's work
duties after she was diagnosed with Chrohn's Disease, which is
considered to be a disability under Australian law (20 August
2015).
More...
Action to make the workplace safer for female fire
fighters
The Palaszczuk Government has today accepted all 30
recommendations of an independent review into allegations of sexual
harassment and workplace bullying in the Queensland Fire and
Emergency Services (QFES) (20 August 2015).
More...
Crawfords opens its doors to union safety
inspectors
Crawfords Freightlines has conducted an on-site inspection
of its Sandgate head office with representatives from the Transport
Workers Union (TWU). The walk-through comes after
the TWU this week called for a WorkCover NSW investigation at the
workplace (20 August 2015).
More...
Canberra construction company fined $1.1 million over
death of truck driver
A Canberra construction company has been fined $1.1
million over the death of a truck driver in 2012 under new national
work safety laws (19 August 2015).
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Truck company boss faces permanent driving ban over
manslaughter of Robert Brimson
An Adelaide trucking company boss faces a potentially
permanent driving ban after being convicted for manslaughter over
the death of one of his drivers (19 August 2015).
More...
Time to ensure privacy and safe access
Women's Health Victoria (WHV) supports amending the Health and
Wellbeing Act to ensure that staff and patients can safely access
reproductive health services. Medical privacy and the right to
safely access health services is taken for granted by most
Victorians (19 August 2015).
More...
In practice and courts
National Transport Commission discussion paper on
fatigue
The NTC is looking to develop its knowledge of fatigue
issues in the Australian heavy vehicle industry, and is calling for
public submissions on ways to collect new data. The commission
released a
discussion paper on Friday, and is hoping to build a
comprehensive framework for fatigue data. Submissions based on the
discussion paper will be accepted up until October 16.
Draft RSRO on minimum payments for contractor
drivers
The Road Safety Remuneration Tribunal today 26 August
2015, issued a draft road safety remuneration order and
accompanying
Statement on minimum payments for contractor drivers. The
issuing of the
draft Contractor Driver Minimum Payments Road Safety Remuneration
Order 2016 (draft Payments RSRO) follows
a period of extensive consultation with interested parties. Review
the draft Payments RSRO submissions by 23 September 2015. Written
comments in reply to those initial submissions will close 7 October
2015.
ARPANS Act Amendment Bill passes the Senate
On 18 August 2015 the Bill to amend the Australian
Radiation Protection and Nuclear Safety Act 1998 (the
Act) passed the Senate. The Bill passed the House of
Representatives on 13 August 2015. The amendments to the Act will
improve the operation of the legislation and update the regulatory
scheme to better reflect international best practice (20 August
2015). More...
Food Standards Australia New Zealand (FSANZ)
Consultation: Safe Food Australia review
Safe Food Australia is an explanatory guide to the food
safety standards in Chapter 3 of the Australia New Zealand Food
Standards Code. This key document is used by food businesses to
help them produce safe food. The period for comment closes on 18
September 2015.
More...
Safe Work Australia: Explosives Regulation in Australia:
Discussion Paper and Consultation Regulation Impact Statement
Safe Work Australia is seeking comments about your or your
organisation's experience of the regulation of explosives in
Australia. Closing date: 10 September 2015. More...
Workplace Relations Framework: Draft report
consultation
Written submissions close on 18 September 2015.The draft
report is a broad-ranging assessment of Australia's workplace
relations (WR) framework, considering current laws, institutions
and practices. It uses an economy wide approach, looking at
possible reforms that, where merited, are likely to enhance the
welfare of Australians as a whole.
More...
NSW: Loose-fill asbestos update
The latest update from the NSW Government on the Loose-Fill
Asbestos Insulation project states that there have now been 58
homes identified as containing loose-fill asbestos through
historical records. Fifteen other NSW properties have tested
positive for loose-fill asbestos as part of the NSW
Government's free ceiling insulation testing program. More...
VIC: 'Injury Hotspot' tool
WorkSafe Victoria's Injury Hotspots tool has been
updated. More...
SWA: Virtual Seminars planned for Health and Safety
Week
Safe Work Australia has announced that it will once again run its
virtual seminar series throughout October, where they plan to
showcase the latest thinking, innovation, research and development
in work health and safety. More...
ASEA: 2nd International Asbestos Conference 2015
The conference will this year be held at the Brisbane
Convention and Exhibition Centre in South Brisbane. More...
Cases
Horner; Military Rehabilitation and Compensation
Commission and (Compensation) [2015] AATA 618
COMPENSATION - Military compensation - Determination of
normal earnings - Meaning of reasonable expectation of promotion -
Where promotion would almost certainly have occurred but for
compensable injury - Provision intended to exclude from normal
earnings any promotion that had not yet actually occurred -
Decision under review set aside. Military Rehabilitation and
Compensation Act 2004, ss 141, 180, 186; Safety,
Rehabilitation and Compensation Act 1988, s 8. More...
Director of Consumer Affairs Victoria v Alpha Flight
Services Pty Ltd [2015] FCAFC 118
CONSUMER LAW – product safety contraventions –
pecuniary penalties – discretion of trial judge –
alleged failure of trial judge to give adequate weight to relevant
considerations – general deterrence – maximum penalties
– course of conduct principle – character of the
contraventions – whether penalties manifestly inadequate
– appeal dismissed - The contraventions concerned the supply,
offer for supply and possession or control between August and
September 2013 of goods that were the subject of a permanent ban
imposed by Consumer Protection Notice No 5 of 2012 issued under the
Competition and Consumer Act 2010 (Cth). Australian
Consumer Law and Fair Trading Act 2012 (Vic) s 8. More...
Victoria OHS Enforcements:
Owners Corporation 1 Plan No. PS348186R
18/08/2015
Non complied notice - Occupational Health and
Safety Act 2004 114(4) ; Magistrates' Court issued
with an improvement notice in relation to a common property over
which it had management and control at the Frankston Business
Centre complex, fined $2,500, without conviction, and ordered
to pay costs in the amount of $3,000.
R Collie Earthmoving Pty Ltd 095 663 317
13/08/2015
Crush injuries - Occupational Health and Safety Act
2004 26(1) ; Magistrates' Court. On 13 August 2015 the
accused was convicted and fined $37,000 with costs of $3,895.
Elonchrome Pty Ltd 006 420 471
10/08/2015
Failure to provide and maintain
plant, Occupational Health and Safety Act 2004
21(1)&(2)(a) ; Magistrates' Court.
More...
Legislation
NSW
Regulations
Electricity (Consumer Safety) Regulation 2015 (2015-497) — published LW 28 August 2015.
Workers Compensation Amendment (Weekly Payments) Regulation 2015 (2015-509) — published LW 28 August 2015.
Queensland
Subordinate Legislation
No 92: Pastoral Workers' Accommodation Regulation 2015 - 21 August 2015 - amends the Pastoral Workers' Accommodation Act 1980.
Victoria
Acts assented to
No. 34: Road Safety Amendment (Private Car Parks) Act
2015
Assent: 25/08/2015 SG (No. 238) 25/8/2015 p. 1
Commencement: Ss 1-4 on 26/08/2015: s. 2.
Bills Introduced and Second Read in the first House
– week ending 21 August 2015
Heavy Vehicles Legislation Amendment Bill Victorian
Legislation is available online at now. 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.
