Australia: Work Health & Safety - What's News - 25 November 2015

In the media

Worksafe defends decision not to prosecute CFA over Fiskville handling
Victoria's workplace safety watchdog tells a parliamentary inquiry there was insufficient evidence to prosecute the Country Fire Authority for safety breaches at its Fiskville training base (21 November 2015). More...

CFMEU found guilty of unlawfully entering Adelaide building sites
The Federal Court found the construction union and 12 organisers guilty of 31 violations of the Fair Work Act at Adelaide building sites (21 November 2015). More...

State Insurance Regulatory Authority Board members appointed
The inaugural Board of the State Insurance Regulatory Authority (SIRA) has been appointed by NSW Minister for Innovation and Better Regulation Victor Dominello (20 November 2015). More...

Lawyers have lowest health and wellbeing of all professionals, study finds
Lawyers working in firms, from top-tier to sole practice, have the lowest health and wellbeing of all white-collar workers; not only that, they are the highest users and abusers of alcohol and nicotine, a study has found (19 November 2015). More...

Improvements to Australia's chain of responsibility laws to make roads safer for all
Details of new chain of responsibility reforms have been published by the NTC (18 November 2015). More...

Study finds on-farm deaths could be halved through simple safety measures
A study has found on-farm deaths could be almost halved if producers took simple safety measures like wearing seatbelts and helmets. James Cook University canvassed about 120 farmers and fishers from Cairns to Hobart to find out what is stopping them from improving their safety practices (18 November 2015). More...

Ministers approve next step to reduce the number of un-roadworthy heavy vehicles on Australia's roads
Details of Heavy Vehicle Roadworthiness reforms have been published by the NTC (18 November 2015). More...

Trucking boss jailed for manslaughter appeals, claiming judge's comments lacked balance
A trucking company boss jailed over a driver's death caused by faulty brakes missed out on a fair trial because the judge's comments to the jury lacked balance, South Australia's appeals court has been told (18 November 2015). More...

Changes to split Mr Fluffy housing blocks in two to be tabled in ACT
Controversial planning rules that allow the ACT Government to subdivide Mr Fluffy blocks and sell each unit separately, increasing the land's value, are to be tabled today by Planning Minister (17 November 2015). More...

Jobs at home stir workplace safety discussions
A campaign that aims to encourage discussions about workplace safety by recognising the important jobs we do at home was launched today by WorkSafe Victoria. Available from the 17th November, further details can be accessed form the website jobsathomeday.com.au (17 November 2015). More...

Injured veteran fights and wins court case against invalidity payment splitting
In a major victory for injured defence veterans, a Family Court judge has ruled that invalidity payments are immune from divorce settlements. The judgement means that thousands of veterans have been wrongly advised by the Commonwealth Superannuation Corporation that the payment was "splittable" (14 November 2015). More...

Victorian Workers Urged To Take Extra Care On The Job
The Andrews Labor Government is urging all workplaces to make safety a priority and take extra care on the job, following the tragic deaths of five workers in just nine days (13 November 2015). More... More...

Consultation on new return to work assistance benefits
An open public consultation for proposed changes to better support NSW's injured workers to return to work has been opened this week. The NSW State Insurance Regulatory Authority (SIRA) released a discussion paper, Return to Work Assistance to seek feedback from industry (13 November 2015).

More fines for CFMEU after Emporium Blockade
The Federal Court today imposed significant penalties of $151,000 on the CFMEU and a number of its senior officials for blockading parts of Melbourne's CBD during August and September 2012 in its bitter industrial dispute with Grocon Pty Ltd. The penalties follow court proceedings brought by Fair Work Building & Construction (11 November 2015). More...

Drug taking IT workers threaten Australian public service, says corruption watchdog
Australia's corruption watchdog is targeting drug-taking public servants working in IT because they threaten the security of the federal bureaucracy and susceptible to bribes or pressure from criminals (10 November 2015). More...

WADA Independent Commission report: ASADA
Acting CEO of ASADA, Trevor Burgess, has welcomed the findings of the World Anti-Doping Agency (WADA) Independent Commission released today. More...

Queensland to introduce no-fault CTP liability in line with other Australian states
The Queensland Government is moving to a no-fault scheme for vehicle liability insurance, ending a longstanding national divide on compulsory third party (CTP) coverage (11 November 2015). More... More...

Queensland to protect people catastrophically injured in traffic crashes
The Queensland Government is considering options to implement the National Injury Insurance Scheme (NIIS) to provide reasonable and necessary care and support for people catastrophically injured in road traffic crashes, irrespective of fault (11 November 2015). More...

Capsized barge disaster ends in fines of $600,000
A company that overloaded a barge which capsized on the Patterson River, throwing three workers into the water and seriously injuring one of them, was convicted and fined a total of $600,000 in the County Court last week (10 November 2015). More...

Essendon Football Club charged
Following a comprehensive investigation, WorkSafe has charged the Essendon Football Club with two breaches of the OHS Act 2004 in relation to its 2011-2012 supplements program (10 November 2015). More...

Published – articles, papers, reports

Safe Work Australia: July 2015 Notifiable Fatalities Monthly Report July 2015
There were 16 work-related notifiable fatalities during July 2015 — 11 male workers, 1 female worker, 3 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 (16 November 2015). More.... More...

Support frameworks for the use of social media by emergency management organisations: Policy report
Digital Media Research Centre (QUT)
This policy seeks to improve knowledge sharing across Australian emergency management organisations about the effective uses of social media for crisis (11 November 2015). More...

Exploring the Barriers and Facilitators to Adoption of Improved Work Practices for Safety in the Primary Industries
Richard Franklin of James Cook University
In 2013, the 48 deaths in the agriculture, forestry and fishing industries represented a quarter of all workplace fatalities. It was equal to 15.11 fatalities per 100,000 workers, which was nine times the national rate of 1.64. More...

In practice and courts

NTC seeks further input on proposed changes to Assessing Fitness to Drive
Have your say about the proposed changes to the Assessing Fitness to Drive medical standards and guidelines (13 November 2015). More...

SafeWork Australia consultation: workplace chemical exposure standards
Safe Work Australia is holding a public consultation process about exposure standards for hazardous chemicals used in workplaces and how they could be reviewed and maintained. The public consultation closes on 18 December 2015. Read The Role of Chemical Exposure Standards in Work Health and Safety Laws: Discussion Paper and submit your views on the Safe Work Australia public submissions website. More...

Directions issued regarding the draft RSRO on minimum payments for contractor drivers
The Full Bench of the Tribunal has issued Directions regarding further submissions on the draft Contractor Driver Minimum Payments Road Safety Remuneration Order 2016 (draft Payments RSRO). Submissions closed 13 November 2015.

NSW WorkCover Consultation: Issues Paper, Review of self-insurance licensing framework
The Paper addresses a range of issues including the structure of compliance activities and licence duration. The Issues Paper is available from www.workcover.nsw.gov.au/about-us/have-your-say Submissions close on Monday 14 December 2015.

NSW WorkCover Consultation: Regulation of Legal Costs for Work Capacity Decision Reviews
The Discussion paper - Regulation of legal costs for work capacity decision reviews (October 2015) has been released for public comment. The discussion paper, which was prepared by the State Insurance Regulatory Authority (SIRA), examines the three options for regulating the payment of legal costs that are directly connected with a work capacity decision review. Comments on the discussion paper should be sent to SIRA by 23 November 2015. More... More...

Consultation: Proposed amendments to the Poisons Standard - ACMS meeting, March 2016
The TGA is seeking comments from interested parties on proposed amendments to the Poisons Standard. The closing date is 10 December 2015. More...

Cases

Nash v Glennies Creek Coal Management Pty Ltd; Nash v Integra Coal Operations Pty Ltd (No 9) [2015] NSWIC 15
OCCUPATIONAL HEALTH AND SAFETY – prosecution under s 8 of the Occupational Health and Safety Act 2000 (NSW) – mining accident – the nature and seriousness of the offences – moral culpability – aggravating factors – mitigating factors - pleas – deterrence – comparable cases – victim impact statement – parity – sentencing related companies – conviction entered – penalties imposed – costs. More...

Legislation

Victoria

Bills Introduced and Second Read in the first House – 13 November
Drugs, Poisons and Controlled Substances Amendment Bill. More...

New South Wales

Regulations and other miscellaneous instruments
Tattoo Parlours Amendment (Permits) Regulation 2015 (2015-688) — published LW 13 November 2015.

Bills passed by both Houses of Parliament - 23 November 2015

Crimes Amendment (Off-road Fatal Accidents) Bill 2015.

Firearms and Weapons Prohibition Legislation Amendment Bill 2015.

Security Industry Amendment (Regulation of Training Organisations) Bill 2015.

Queensland - Bills Updated

Tobacco and Other Smoking Products (Smoke-free Places) Amendment Bill 2015
Introduced on 10/11/2015 Referred to Committee on 10/11/2015.

Tackling Alcohol-Fuelled Violence Legislation Amendment Bill 2015
Introduced on 12/11/2015: Referred to Committee on 12/11/2015
The objective of the Bill are to tackle alcohol-fuelled violence, particularly late at night, through an evidence-based, multi-faceted approach by way of amendments to the Liquor Act 1992 and other related Acts; and ensure consistency across Queensland statutes dealing with directors' liability through amendments to the Fair Trading Act 1989.

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 Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Authors
 
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”

Mondaq Advice Centre (MACs)
Related Video
Up-coming Events Search
Tools
Print
Font Size:
Translation
Channels
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
Password
Confirm Password
Mondaq Topics -- Select your Interests
 Accounting
 Anti-trust
 Commercial
 Consumer
 Criminal
 Employment
 Energy
 Environment
 Family
 Finance
 Government
 Healthcare
 Immigration
 Insolvency
 Insurance
 International
 IP
 Law Performance
 Law Practice
 Litigation
 Media & IT
 Privacy
 Real Estate
 Strategy
 Tax
 Technology
 Transport
 Wealth Mgt
Regions
Africa
Asia
Asia Pacific
Australasia
Canada
Caribbean
Europe
European Union
Latin America
Middle East
U.K.
United States
Worldwide Updates
Check to state you have read and
agree to our Terms and Conditions

Terms & Conditions and Privacy Statement

Mondaq.com (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 www.mondaq.com

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 Mondaq.com’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.

Disclaimer

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.

Registration

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 unsubscribe@mondaq.com 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.

Cookies

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.

Links

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.

Mail-A-Friend

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.

Security

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 webmaster@mondaq.com.

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 EditorialAdvisor@mondaq.com.

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 enquiries@mondaq.com.

If for some reason you believe Mondaq Ltd. has not adhered to these principles, please notify us by e-mail at problems@mondaq.com and we will use commercially reasonable efforts to determine and correct the problem promptly.