Australia: Work Health & Safety - What's News - 18 January 2016

Last Updated: 22 January 2016
Article by Charles Power, Stephen Trew and Michael Selinger

Most Read Contributor in Australia, September 2017

In the media

Australian Workplaces Ban Smartphones and Boost Productivity
Australians have become so addicted to their smartphones that businesses are being forced to implement phone bans during work hours to improve safety and boost productivity (15 January 2016).  More...

Coal miner's lung disease update
Another case of coal miner's pneumoconiosis has been confirmed.  A routine pre-employment medical assessment revealed abnormalities which, following further scans and tests, have been confirmed as coal worker's pneumoconiosis by a Brisbane-based respiratory physician (14 January 2016).  More...

Disability group fined for discrimination
An organisation that provides services to people with disabilities has been ordered to pay $13,000 in compensation to a former Victorian employee for discriminating against her disability (14 January 2016).  More...

More annual leave being taken amid focus on health and well-being
Australian workers took the most annual leave in seven years in 2015, although they tended to spend it on shorter breaks spread throughout the year rather than a single long holiday (13 January 2016).  More...

Cyber bullies hounding public servants
Cyber bullies are stalking government workplaces across Australia, exploiting a "cyber underground" where they can harass or intimidate their colleagues with impunity, according to new academic research by the Queensland University of Technology QUT (12 January 2016).  More...  More...

NHVR extends work diary exemptions to March
Truck drivers in NSW have been given more time to adopt new work diary rules. The National Heavy Vehicle Regulator (NHVR) says the policy that exempts drivers with basic fatigue management (BFM) or advanced fatigue management (AFM) accreditation from filling out a diary if working within 100km of their base will now expire on March 6 (12 January 2016).  More...

Fatigue expert calls for 10 hour daily limit for drivers
Professor Ann Williamson has called for a radical overhaul of current fatigue management laws, including scrapping the basic fatigue management (BFM) module that allows drivers to work 14-hour days (11 January 2016).   More...

Emergency call handler loses push for compo
A Sunshine Coast communications officer who handled 000 calls for Queensland Ambulance Service has lost her bid for compensation after claiming she was bullied in the workplace (07 January 2016).  More...

Royal Commission into Trade Union Governance and Corruption – Final report released
The final report of the Royal Commission into Trade Union Governance and Corruption has found there is a 'widespread' and 'deep-seated' culture of lawlessness among many union officials (30 December 2015).  More...

Nationally consistent inspection improving safety
Heavy vehicle operators now have a comprehensive guide to heavy vehicle safety with the launch of the National Heavy Vehicle Regulator's (NHVR) revised National Heavy Vehicle Inspection Manual (18 December 2015).  More...  More...

Female construction worker subjected to assaults, bullying and rape threats, awarded $1.3 million
A female road construction worker subjected to assaults, sexual harassment, bullying and rape threats at a Melbourne workplace has won a $1.3 million payout (17 December 2015).  More...

Published – articles, papers, reports

Discriminant validity and gender differences in DSM-5 posttraumatic stress disorder symptoms
Author: Carragher N; Sunderland M; Batterham PJ; Calear AL; Elhai JD; Chapman C; Mills K.  More...

In practice and courts

SafeWork Australia: Proposed amendments to work health and safety requirements for inorganic lead
Safe Work Australia is seeking comments on the best way to reduce the potential for adverse health outcomes caused by exposure to lead in the workplace. The closing date is 26 February 2016.  More...

SafeWork Australia August 2015 Notifiable Fatalities Monthly Report now available
There were 14 work-related notifiable fatalities during August 2015 — 10 male workers, 1 female worker, 2 male bystanders and 1 female bystander. Of these fatalities, 4 workers died as a result of an incident on a public road (23 December 2015).   More...

FSC Online Update: Incident Reports and Contract Declarations can be submitted online from 1 February 2016
From 1 February accredited companies will be able to submit incident reports and contract declarations through FSC Online.


Honda Australia Motorcycle and Power Equipment Pty Ltd — Honda VT750C5th January 2016.


Baiada Poultry v VWA[2015] VSCA 344
APPEAL – Judicial Review – Appellant owned chicken processing factory where employee of cleaning contractor died – Appellant charged with offence under Occupational Health and Safety Act 2004 – Charge alleged failure to ensure chicken processing line not operating and failure to ensure there was an adequate system to prevent contact with machine when being cleaned – Question of validity of charge – Magistrate found charge invalid – On review, trial judge held charge valid – Fundamental requirement that charge specify act or omission which constitutes contravention – Use of a standard described as 'adequate' – Occupational Health and Safety Act 2004 (Vic) ss 20 and 26 – Criminal Procedure Act 2009 (Vic) ss 6 and 8 and Schedule 1.   More...

Worksafe Victoria decisions

Diversion 4 of 2015-16 22/12/2015
Failure to provide a safe system of work; Failure to provide information, instruction, training or supervision; Guarding; Failure to provide a safe working environment Occupational Health and Safety Act 2004 21(1)&(2)(a); 21(1)&(2)(e) ; Magistrates' Court.  More...



Australia New Zealand Food Standards Code — Standard 1.4.2 — Maximum Residue Limits Amendment Instrument No. APVMA 1, 2016
12/01/2016 - 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 2016 (No. 1)
11/01/2016 - 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 February 2016
11/01/2016 - This standard substitutes the Poisons Standard October 2015 and consists of the Standard for the Uniform Scheduling of Medicines and Poisons No. 10 (SUSMP) as set out in schedule 1 of this Standard.  More...

Fair Work Amendment Commencement Proclamation 2015
15/12/2015 - This Proclamation provides for the commencement of Part 10 of Schedule 1 of the Fair Work Amendment Act 2015, which fixes 1 January 2016 as the day on which Part 10 of Schedule 1 to that Act commences.  More...

Australian Federal Police Amendment (Workplace Drug Testing and Other Measures) Regulation 2015 SLI 2015 No. 249
14/12/2015 - This regulation aligns the Australian Federal Police's drug and alcohol testing framework with contemporary sample collection and testing procedures.  More...


Statutory Rules

No. 155: Liquor Control Reform (Prohibited Supply) Regulations 2015
Commencement: 19/12/2015: reg. 3 Not yet in operation: Regs 1-8: on 19/12/2015: reg. 3.  Sunset Date: 5/12/2025.

No 156: Dangerous Goods (Transport by Road or Rail) Further Amendment  Regulations 2015
Commencement: 01/01/2016: reg. 3 Not yet in operation: Regs 1-18: on 01/01/2016: reg. 3.  Sunset Date: 15/12/2025.

No. 158: Marine Safety Amendment (Expiry Date) Interim Regulations 2015
Commencement: Regs 1-4, 6 on 18/12/2015: reg. 3(1)  Reg. 5 on 17/12/2016: reg. 3(2).  Not yet in operation:  N/A Sunset Date: 18/12/2016: reg. 6.

No. 159: Road Safety (Drivers) and (Vehicles) Amendment (Miscellaneous Fees) Regulations 2015
Commencement: 01/02/2016: reg. 3 Not yet in operation: Regs 1-17: on 01/02/2016: reg. 3.  Sunset Date: 15/12/2025.  More...


Subordinate Legislation as made
No 186:  Proclamation commencing remaining provisions - 18/12/2015 - Heavy Vehicle National Law Amendment Act 2015.

No 188: Heavy Vehicle National Amendment Regulation18/12/2015 - Heavy Vehicle National Law as applied by the Heavy Vehicle National Law Act 2012 (Queensland) and by the law of States and Territories.

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.