In the media
Queensland FIFO Review released
The Queensland Government has released a review of fly-in
fly out mines in the state, which has presented eight
recommendations to the mining industry from the panel, including
workforce, procurement and accommodation plans (06 October
2015).
More...
Demolition company fined $120,000 after worker's
skull pierced by steel bar
A Sydney demolition company has been fined $120,000 over
an incident in 2013 where a worker's skull was pierced by steel
bar that flew into the cabin of the excavator he was operating (07
October 2015).
More...
Building products with asbestos found in
NSW
Members of the WestConnex Action Group are concerned about the
environmental hazards being created by the failure of WestConnex
employees to comply with asbestos regulations. Previously they
reported multiple breaches of the asbestos regulations to state and
local authorities which are jointly responsible for the site (02
October 2015).
More...
Brisbane Uber attacks: taxi company cites industry anger
in condemning alleged assaults on drivers
Yellow Cabs Queensland has condemned an alleged assault on
two Uber drivers in Brisbane, but says there is anger in the taxi
industry toward the ride sharing service (04 October 2015).
More...
Uber litigation may alter the meaning of work
The myriad legal cases against Uber will ultimately drive
changes to employment laws in Australia, lawyers say. The $US40
billion ($57 billion) San Francisco-based company is facing legal
action in the United States, Britain and Australia and a backlash
by the taxi industry, which contends Uber drivers should be
subjected to the same fees and regulations (04 October 2015).
More...
University of Canberra staff member claimed compensation
after restructure
A compensation case has made public some of the impacts of
outsourcing and restructuring at the University of Canberra with
the changes leading to one claim for compensation (02 October
2015).
More...
Investing in positive mental health management pays
dividends
Untreated mental health conditions are costing Australian
employers over $10 billion annually through absenteeism, reduced
productivity and workers' compensation claims, according to
2014 PwC research (01 October 2015).
More...
Systemic 'bullying' at Broken Hill Hospital,
nurses claim
Former and current healthcare workers have levelled
serious allegations of bullying and harassment against members of
management at a NSW hospital (01 October 2015). More...
Risk to workers, neighbours from botched Mr Fluffy
demolition 'infinitesimally small'
The risk to workers and neighbours following the botched
demolition of a Mr Fluffy asbestos contaminated home last month is
"infinitesimally small", the ACT's Work Safety
Commissioner says (30 September 2015).
More...
FWBC to monitor compliance with new drug and alcohol
testing policy
Changes have been made to the Building Code 2013 (Building
Code) which make drug and alcohol testing mandatory on Federal
Government funded projects. FWBC will be responsible for monitoring
compliance with these changes, which come into effect on 16
October, 2015 (29 September 2015).
More...
Public service managers are struggling to manage as APS
goes through 'really big shift'
Managers in the Australian public service are not coping
with the demands placed on them by reform of the Commonwealth
bureaucracy, according to a leading private sector HR expert (29
September 2015).
More...
Welder's claim he was 'fine' to work after
20 beers fails pub test
A welder's claim that he was 'OK' to drive a
forklift after consuming 20 cans of full-strength beer over 12
hours the previous day would fail the "front bar''
test, the Fair Work Commission has found (29 September
2015).
More...
WorkSafe inspector exposed to asbestos after botched
demolition of Mr Fluffy home
The demolition of a Mr Fluffy house last month reportedly
created large plumes of asbestos-contaminated dust, exposing a
WorkSafe inspector to the deadly fibres (28 September 2015).
More...
Quad bike death investigation leads to $40,000
fine
A dairy company which allowed its employees to drive quad
bikes with defective brakes and without wearing helmets was fined
$40,000 in the Colac Magistrates' Court. Foscor Pty Ltd pleaded
guilty to three counts of breaching the 2004 OHS Act over its
failure to provide and maintain plant and a system of work for its
employees (28 September 2015).
More...
Workplace exposure to metalworking fluid may cause
irreversible lung disease
Occupational exposure to fluid commonly used in metal
machining operations may be related to a rare, irreversible lung
disease, according to research presented at the European
Respiratory Society's (ERS) International Congress today (28
September, 2015).
More...
NT: WorkSafe moves to remove HSR and union rights
Despite 'little or no evidence' that these rights
are being abused, the Northern Territory is moving to amend its
Work Health Safety to limit union right-of-entry and HSR powers,
and is seeking public comment on the amendments until 26 October
2015.
More...
Public servants' hall of shame: racism, bullying and
swearing
Badly behaved public servants have been hauled over the
coals in the latest report by the Merit Protection Commissioner
(MPC). The 2014-2015 annual report, released last
week by Commissioner Annwyn Godwin, found evidence of lying,
swearing, bullying, aggression and poor performance in the
Australian Public Service (APS), as well as some cases where
employees were unfairly chastised (28 September 2015).
More...
Published – articles, papers, reports
Safe Work Australia:
Notifiable Fatalities Monthly Report
There were 15 work-related notifiable fatalities during
June 2015 — 12 male workers, 2 male bystanders and 1 female
bystander. Of these fatalities, 3 workers died as a result of an
incident on a public road and 1 worker died in an air crash (06
October 2015).
More...
In practice and courts
Asbestoswise Newsletter
Asbestos diseases support and advocacy group Asbestoswise has
released its September newsletter. The publication provides
information on what the organisation is doing and has done over the
past few months. More...
New industry complaints commissioner
A new industry complaints commissioner has been appointed
by CASA. Jonathan Hanton took up the position - which reports
directly to CASA's Board (30 September 2015). More...
Workplace vibration guidance material 2015
Safe Work Australia has developed a series of guidance
material on: how to manage risks associated with vibrating plant in
the workplace, and the measurement and assessment of workplace
vibration exposures from vibrating plant. It also provides
technical information on how exposures are to be measured and
calculated. Released on 01 October 2015.
More...
VIC: Safety Soapbox
The editorial in the latest edition of WorkSafe's Safety
Soapbox, posted on October 1, is on the West Gate Bridge
collapse. News from around the country, and links to a number of
Victorian and other regulator Safety Alerts. Access the October 1
Safety Soapbox edition online, including link
to the list of reported incidents.
Commonwealth Government Gazette – 01 October 2015 – Heavy Vehicle exemptions
NSW Heavy Vehicle (Conditional Registration) Exemption Notice 2015 (No. 1)
NSW Class 1 Heavy Vehicle Grain Auger Combination Exemption Notice 2015 (No. 1)
NSW Class 1 Heavy Vehicle Combine Harvester Combination Exemption Notice 2015 (No. 1)
National Heavy Vehicle Standards (Flashing Warning Lights) Exemption Notice 2015 (No. 1)
ASEA: 2nd International Asbestos Conference 2015
The conference will this year be held at the Brisbane
Convention and Exhibition Centre in South Brisbane, 22-24 November
2015. More...
Consultations
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 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.
Cases
Alcan Gove Pty Ltd v Zabic
[2015] HCA 33
Limitation of actions – When cause of action accrues
– Negligence – Damage – Statute abolished cause
of action unless accrued before 1 January 1987 – Whether
compensable damage suffered upon changes to mesothelial cells
following exposure to asbestos – Whether mesothelioma
inevitable – Relevance of hindsight – Whether
"trigger" for development of disease endogenous or
exogenous. Torts – Negligence – Damage – Dust
diseases – Mesothelioma – Whether changes to
mesothelial cells compensable damage. More...
Nolan v Sims Group Australia Holdings Limited; Nolan
v Delta Pty Limited [2015] NSWSC
1424
CRIMINAL LAW – Offences – Breaches of load
dimensional requirements by consignor and loader – Where
combination loaded with scrap steel collided with an overhead beam
in tunnel – Substantial damage occasioned to tunnel as a
result - Necessity to close the tunnel to traffic following the
incident - Consequent traffic congestion for a period – Where
consignor had no direct control over or knowledge of the
circumstances of the loading – Where loader's safety
measures at the time of loading were essentially limited to
carrying out a visual check of the load by reference to the upper
lip of the trailer bin – Culpability of loader greater than
that of consignor – Mitigating factors in each case including
early plea of guilty, expressed remorse, agreement to pay
substantial compensation and substantial steps taken directed
towards ensuring that there would be no future offending - Fine
imposed in each case.
More...
Hamcor Pty Ltd & Anor v State of
Queensland [2015] QCA 183
APPEAL AND NEW TRIAL – NEW TRIAL – IN GENERAL
AND PARTICULAR GROUNDS – PARTICULAR GROUNDS –
INTERFERENCE WITH JUDGE'S FINDINGS OF FACT – OTHER
MATTERS – where property was destroyed by fire – where
the Queensland Fire and Rescue Service ("QFRS") had been
called to the fire – where in the course of combating the
fire, QFRS personnel applied massive quantities of water on and
around the fire – where the water mixed with factory
chemicals, producing a large volume of contaminated fluid known as
"fire-water" – where much of the fire-water flowed
onto adjacent bushland or into a local creek via stormwater drains
– where however, some of the fire-water remained on the
property where it soaked into soil and large concrete construction
slabs, or ran into storage dams – where as a result, part of
the property was classified as Contaminated Land pursuant to
Chapter 7 Part 8 of the Environmental Protection Act 1994
(Qld) ("EP Act"). More...
Ruiz v Credit Corp Group Limited &
Ors [2015] QCAT 342
Alleged discrimination on the basis of an impairment
(major depression); Applicant unable to work full-time whilst
subject to a relevant medical restriction. Applicant given a
temporary part-time position to facilitate a graduated return to
work program; Applicant's employment terminated whilst still
the subject of medical restriction; Circumstances where First
Respondent contends that the ability to work on a full-time basis
was a "genuine occupational requirement" of the
applicant's employment, pursuant to exemption in s.25 of the
Anti-Discrimination Act 1991; Whether Applicant has been
subject to either direct (s.10) or indirect (s.11) discrimination;
whether claimed requirement of ability for full-time employment a
genuine occupational requirement for purposes of s.25; Onus of
proof as regards exemption. More...
Legislation
Commonwealth
Australia New Zealand Food Standards Code —
Standard 1.4.2 — Maximum Residue Limits Amendment Instrument
No. APVMA 8, 2015
02/10/2015 - 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...
Agricultural and Veterinary Chemicals Code Instrument
No. 4 (MRL Standard) Amendment Instrument 2015 (No. 9)
30/09/2015 -This instrument amends the Agricultural and
Veterinary Chemicals Code Instrument No. 4 (MRL Standard) 2012 to
set new and varied maximum residue limits and make other changes to
the tables with respect to certain residue definitions, commodities
and substances. More...
Poisons Standard October 2015
30/09/2015 - This standard substitutes the Poisons
Standard July 2015, and consists of the Standard for the Uniform
Scheduling of Medicines and Poisons No. 9 (SUSMP) as set out in
Schedule 1 of this standard. More...
Defence (Prohibited Substances) Determination 2015
29/09/2015 - This determination repeals the Defence
(Prohibited Substances) Determination 2012 and updates the types of
substances for which members of the ADF may be tested and to
incorporate the latest Prohibited List and Poisons
Standard. More...
Australian Radiation Protection and Nuclear Safety
Amendment Act 2015 (Act 125/2015)
Assent 10/09/2015 Gazette - C2015G01475 as published on
FRLI on 11 September 2015. Commencement 8/10/2015. The whole of
this Act - The 28th day after this Act receives the Royal Assent: s
2 - The Act amends the Australian Radiation Protection
and Nuclear Safety Act 1998 (the ARPANS Act) that establishes
a scheme for licensing Commonwealth entities using radiation.
More...
Victoria
Proclamations
No. 108: Agricultural and Veterinary Chemicals (Control
of Use) (Fertilisers) Regulations 2015
Date of Making: 29/09/2015 Commencement: 01/10/2015: reg.
3 Not yet in operation: N/A. Sunset Date:
29/09/2025
No. 112: Victorian Civil and Administrative Tribunal
(Amendment No. 13) Rules 2015
Date of Making: 29/09/2015 Commencement: Rules 1-5
on 01/10/2015: rule 3(1). Not yet in operation: N/A Sunset
Date: 29/09/2. More...
New South Wales
Regulations and other miscellaneous instruments
Civil Liability (Non-economic Loss) Amendment Order 2015 (2015-589) — published LW 1 October 2015.
Environmental Planning and Assessment Amendment (Fire Safety Reports) Regulation 2015 (2015-583) — published LW 2 October 2015.
Motor Accidents (Determination of Non-Economic Loss) Amendment Order 2015 (2015-587) — published LW 30 September 2015.
Motor Accidents Compensation (Determination of Loss) Amendment Order 2015 (2015-586) — published LW 30 September 2015.
Bills assented to
Jobs for NSW Act 2015 No 25 — Assented to 28 September 2015.
Dams Safety Act 2015 No 26 — Assented to 28 September 2015.
Child Protection Legislation Amendment Act 2015 No 29 — Assented to 28 September 2015. More...
Queensland
Current reprints
Food Regulation 2006 1 October 2015.
Health (Drugs and Poisons) Regulation 1996 1 October 2015.
Pest Management Regulation 2003 1 October 2015.
Radiation Safety Regulation 2010 1 October 2015.
State Penalties Enforcement Regulation 2014 1 October 2015. More...
Canberra
Building (Loose-fill Asbestos Eradication) Legislation
Amendment Bill 2015
To facilitate the demolition and resale of "Mr
Fluffy" properties, the Bill amends the Building Act
2004 to enable the ACT to issue a demolition order for an
affected building without engaging a private certifier (which is
basically a current requirement). More...
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.
