Australia: Work Health & Safety - What's News - 2 February 2016

Last Updated: 7 February 2016
Article by Charles Power, Stephen Trew and Michael Selinger

Most Read Contributor in Australia, September 2017

In the media

Construction company fined $80,000 over death of worker Wayne Vickery at worksite
A Canberra construction company has been fined more than $80,000 over the death of a worker who was hit by a reversing grader at a site in 2011 (29 January 2016).  More...

Vege farm and farmer fined over worker's fall
An Austral tomato farm and its director have been fined $165,000 after a worker fell from a roof at the farm in 2013. SafeWork NSW charged Austral Hydroponics Pty Ltd with a breach of section 32 of the Work Health and Safety Act 2011 (NSW) for failing to comply with its duty under section 19(1) of the Act (27 January 2016).   More...

Essendon fined $200,000 over supplements program for breaching workplace safety laws
Essendon Football Club has been fined $200,000 for breaching workplace safety laws over the handling of its 2012 supplements program (28 January 2016).  More...

Master Builders ACT calls for dedicated safety hotline to report unsafe practices
Canberra's peak building and construction body is calling for a dedicated work safety hotline to report unsafe practices at building sites (26 January 2016).  More...

Paramedic assaults: Safety training fast-tracked after spate of assaults in south-east Queensland
Safety training for all Queensland Ambulance Service paramedics (QAS) has been fast-tracked following assaults on three officers less than an hour apart in south-east Queensland (25 January 2016).  More...

Roundtable on security in NSW hospitals
Health Minister Jillian Skinner met today with the Health Services Union to outline extra security measures to deal with aggression and violence in hospitals (21 January 2016).  More...

New ice training to support frontline workers
The Victorian Government has launched Ice: training for frontline workers - a free, online training package for all Victorians who, as part of their job, come into contact with people who are ice-affected (21 January 2016).  More...

Public servant banished from workplace fails in bid for travel money
A public servant moved from his job over a toxic relationship with a colleague launched legal action against his department, demanding extra travel money to commute to his new workplace (20 January 2016).  More...

Mining research identifies rubber-tyred vehicles as health hazard
Rubber-tyred vehicles emerge as a health hazard for underground coal miners in the New South Wales Hunter Valley, with hundreds of injuries reported over the past decade, stemming from jolts blamed on vibrating vehicles (19 January 2016).  More...

Published – articles, papers, reports

The Australian Dangerous Goods Code Edition 7.4
Edition 7.4 of the Australian Dangerous Goods Code (ADG7.4) has been implemented in all jurisdictions in Australia. Details on how and where to freely access a copy of ADG7.4 are listed below.  More...  More...

In practice and courts

Timebase: Behind the Essendon Decision: The Court of Arbitration For Sport, WADA & ASADA
Earlier this month, the Court of Arbitration for Sport decided to hand down bans to 34 past and present Essendon AFL players.  The controversial decision overturned an earlier decision of the Australian Football League Anti-Doping Tribunal, which had dismissed the charges against the players (25 January 2016).  More...

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...

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.

Changes to Work Health and Safety (Mines and Petroleum) commence 1 February 2016
The 1 February legislative changes relate to the DRE's compliance and enforcement role in petroleum work health and safety (to be made under the Work Health and Safety (Mines and Petroleum) Legislation Amendment (Harmonisation) Act 2015). Forms and guidelines will be available on the Safety and Health area of the DRE website throughout February.

The new laws will provide for:

  • a consistent and robust single Work Health and Safety (WHS) regulatory framework that applies to onshore petroleum sites
  • specific risks associated with petroleum activities to be appropriately addressed through a modern WHS framework, consistent with the minerals sector, and
  • proactive regulatory oversight of industry's management of the risks associated with a petroleum operation.


Schloss v Bell; Bell v Schloss [2015] ICQ 036
INDUSTRIAL MAGISTRATES - APPEAL AGAINST A DECISION OF THE INDUSTRIAL MAGISTRATE - PARTICULARS - SUFFICIENCY OF REASONS - Where a worker suffered injuries following an incident at a coal seam gas well - Where the defendant was issued with a complaint and summons in relation to safety matters under the Petroleum and Gas (Production and Safety) Act 2004 - Where the complaint was accompanied by particulars – Where, in respect of the description of 'operating plant', the learned Industrial Magistrate determined a description not contained within the complaint or particularised by the prosecution - Whether power to amend the complaint under s 48 of the Justices Act 1886 was enlivened - Whether the learned Industrial Magistrate impliedly amended the complaint - Whether the learned Industrial Magistrate ought to have dismissed the complaint, the prosecution having failed to prove essential elements of the offence - Whether there was a valid Safety Management Plan in operation - Whether a Job Hazard Anaylsis was required to be carried out - Whether a learned Industrial Magistrate erred in failing to give adequate reasons - Whether the learned Industrial Magistrate erred in finding the offence proven - Whether the learned Industrial Magistrate erred in not considering defences - Appeal allowed - Complaint dismissed - Cross-appeal dismissed.  More...

Worksafe Victoria decisions

Cabrini Health Limited 108 515 073 22/01/2016
Crush injuries; Failure to provide a safe system of work; Failure to provide a safe working environment Occupational Health and Safety Act 2004 23(1) ; Magistrates' Court.

Linde Material Handling Pty Ltd 000 768 776 14/01/2016
Crush injuries; Failure to provide a safe system of work; Forklifts; Traffic management Occupational Health and Safety Act 2004 23(1); Magistrates' Court.  More...



Statutory Rules

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...

New South Wales

Proclamations commencing Acts
Work Health and Safety (Mines and Petroleum) Legislation Amendment (Harmonisation) Act 2015 No 43 (2016-46) — published LW 29 January 2016.

Regulations and other miscellaneous instruments
Work Health and Safety (Mines and Petroleum) Amendment (Harmonisation) Regulation 2016 (2016-49) — published LW 29 January 2016.

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.