In the media
'Endemic bullying': Health system failed doctors
and nurses, says Auditor-General's report
The health sector has failed to protect staff from widespread
bullying, harassment and discrimination while a lack of leadership
has allowed a culture of abuse to fester, a scathing audit has
found (23 March 2016).
More...
Scathing review of Victorian health highlights systemic
failures
Systemic failures pose an unacceptably high risk to the safety of
public hospital patients, Victoria's auditor-general finds (23
March 2016).
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'Big as Fiskville', says Australian Workers'
Union
Thousands of public servants could have been exposed to toxic
chemicals at work, in a case that has drawn comparisons with the
CFA Fiskville scandal, with the AWU calling on the Victorian
Government for a "full and fearless investigation" of the
chemicals used by workers across state departments and local
government (22 March 2016).
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Former elite umpire calls for specially designed
helmets
Lightweight helmets should be developed for cricket umpires to
protect them from straight drives and powerfully hit pull shots, a
former top level official says (20 March 2016).
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Humidity should be benchmark for tradies to down tools:
expert
Humidity and not temperature should be the key factor in developing
a 'down tools' policy for tradespeople in Queensland,
according to a leading heat stress doctor (20 March 2016).
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If you use office group chat, don't do this - there
are legal risks
We, the modern, group-chatting professional class, saw our personal
nightmares play out in a courtroom this week (18 March 2016).
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SafeWork targeting nursery industry
safety
SafeWork NSW has released a plan to improve safety and injury
management in the NSW nursery industry (17 March 2016).
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Published – articles, papers, reports
No time to sit: Keeping active at work is best for your
health
Safe Work Australia's literature review on sedentary work
shows that negative health effects from prolonged sitting are due
to insufficient movement and muscle activity, low energy
expenditure and a lack of changes in posture (18 March 2016).
More...
See Sedentary Work: Evidence on an Emergent Work Health and Safety Issue
WorkSafe Victoria
Safety Soapbox 17 March 2016
In this edition's editorial, discusses the need to
have a formwork structural inspection signed off before allowing
workers to access the formwork deck. There were 88 incidents
reported to WorkSafe from 26 February to 10 March 2016. These
included one fatality, 38 lacerations, 19 near misses, 10
"unknowns", seven electric shocks, six fractures, three
dislocations, two punctures and one each of bruising, amputation
and burns. and few potentially serious near misses. See the
issue here Safety Soapbox 17 March
2016
In practice and courts
QLD DERM No 51: Approved transport authority holders of
low risk loads of explosives
Explosives storage or transport, Explosives-
Explosives information bulletin - 4 March 2016.
More...
RSRT Payments Calculator available online
The Road Safety Remuneration Tribunal has published an
online payments calculator to assist parties to determine the
correct minimum payments under the Contractor Driver Minimum
Payments Road Safety Remuneration Order 2016 (2016 RSRO). The 2016
RSRO takes effect from 4 April 2016.
More...
ATSB alert: Fire on board livestock carrier Ocean
Driver
The ATSB investigation identified that the ship's crew
did not complete a muster and accurate head count when responding
to the fire. While cigarette smoking was not identified as a
contributing factor, it was found that the smoking policy and
associated risk controls on board were not effectively managed (11
March 2016).
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NSW Parliament: Inquiries receiving
submissions
More...
Formwork Code of Practice 2016
commences 31 March 2016
The Formwork Code of
Practice 2016 was approved by the Minister for Employment
and Industrial Relations and commences on 31 March 2016. A comparison table
outlines the updates made to the Formwork Code
of Practice 2016 which are mostly minor
and technical in nature and reflect current best
practice.
More...
Cases
Govier v Unitingcare Community [2016] QDC 056
EMPLOYMENT LAW – injury to employee –
psychiatric injury – employee violently assaulted –
employee sustained physical and psychiatric injuries from the
assault – employer's investigation of employee's
conduct in connection with the assault – where two letters
from employer to employee in connection with the investigation
aggravated the psychiatric injury – whether duty of care in
respect of the content and timing of the letters. More...
Sunil Dissanayake and State Transit Authority of New
South Wales [2016] NSWIRComm 1010
Termination of employment – summary dismissal
– alleged harsh, unjust and unreasonable termination –
reinstatement sought – failure to perform a specific work
instruction to tension wheel nuts – breach of maintenance and
safety procedures – previous final warning for safety breach
– purpose of warnings considered – applicant alleged he
was not advised of revised maintenance procedures – clear and
unambiguous instructions set out in relevant vehicle service work
order – consideration whether dismissal harsh, unreasonable
or unjust – applicant afforded procedural fairness –
applicant's alleged conduct serious breach of vehicle
maintenance and safety procedures – summary dismissal not a
disproportionate response by State Transit – dismissal not
unreasonable or unjust – consideration whether dismissal
harsh – loss of accrued benefits due to summary dismissal and
applicant's age and difficulty in obtaining alternative
employment considered – dismissal harsh – reinstatement
impractical – compensation ordered.
More...
Anglo Coal (Capcoal Management) Pty Ltd v Reynoldson
[2016] QSC 052
INDUSTRIAL LAW – INDUSTRIAL REGULATION OF PARTICULAR
INDUSTRIES – COAL INDUSTRY – OTHER MATTERS –
where the applicant operates a mine and sought to reduce the number
of rest breaks for its workers – where the Coal Mining Safety
and Health Act 2001 (Qld) and the Coal Mining Safety and Health
Regulation 2001 (Qld) regulate how a mine operator is able to amend
its safety and health management system which includes its fatigue
and worker fitness provisions – where the mine operator,
through its site senior executive, is obliged to prepare draft
fitness provisions and consult with a cross-section of coal mine
workers – where the site senior executive is obliged to
obtain further information and advice and consult again with the
cross-section if agreement cannot be reached – whether the
mine operator is only obliged to complete the legislative drafting
and consultative process once
STATUTES – ACTS OF PARLIAMENT – INTERPRETATION –
GENERAL APPROACHES TO INTERPRETATION – WORDS TO BE GIVEN
LITERAL AND GRAMMATICAL MEANING – PARTICULAR CASES –
– TO GIVE OPERATION AND EFFECT TO ACT. More...
Worksafe Victoria decisions
BPL Melbourne Pty Ltd 115 955 541 15/03/2016
Burns; Failure to provide a safe system of work; Failure
to provide and maintain plant; Failure to provide a safe working
environment Occupational Health and Safety Act 2004
21(1)&(2)(a) ; County Court
More...
Legislation
NSW
Regulations and other miscellaneous instruments
Public Health Amendment (Blood Lead Notification Level) Order (No
2) 2016 (2016-132) — published LW 18 March 2016
Workers Compensation (Weekly Payments Indexation) Amendment Order
2016 (2016-143) — published LW 18 March 2016
Workers Compensation Amendment (Latest Index Number) Regulation
2016 (2016-134) — published LW 18 March 2016
Victoria - Statutory Rules made
No. 12: Road Safety (General) Amendment Regulations
2016
Date of Making: 15/03/2016 Commencement:18/03/2016: reg. 3
Not yet in operation: Regs 1-12: on 18/03/2016: reg. 3 Sunset
Date: 15/03/2026
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.