Australia: Workplace Relations & Safety - Whats News – 29 March 2017

In the media

Proactive work health and safety interventions increasing
Work health and safety regulators have increased proactive workplace interventions in recent years according to new data from Safe Work Australia. The 18th edition of the Comparative Performance Monitoring (CPM) report shows that in 2014/15 there were almost 190,000 workplace interventions by jurisdictional work health and safety regulators (24 March 2017). More...

Third tractor incident in a week claims another life
WorkSafe is calling on all workplaces to prioritise safety following the death of three workers in separate incidents all involving tractors (24 March 2017). More...

Warrnambool abattoir operator pleads guilty to two WorkCover breaches
Warrnambool's Midfield Meat has been fined $47,000 after the platform on robotic storage equipment fell, causing a severe head injury to a worker. Magistrate Cynthia Toose said the case involved a "very significant" incident, but was not dealing with compensation issues, only with Midfield Meat as an employer (23 March 2017). More...

Government wins appeal to increase fine for work safety breach
Workplace Health and Safety Queensland has successfully appealed what it argued was an inadequate fine imposed on a company over the death of a worker removing gas struts in 2013. In the Brisbane District Court on 17 March 2017, Judge Ian Dearden upheld the appeal, increasing the original $90,000 fine to $125,000 (23 March 2017). More...

NQ dive company pleads guilty to safety breach after death of inexperienced diver
A north Queensland dive company has pleaded guilty to breaching its duty under the Safety in Recreational Water Activities Act 2011 following the death of a U.K. tourist during an introductory scuba dive near Hayman Island two years ago. At a hearing in the Proserpine Magistrates Court on 17 March 2017, the Airlie Beach based charter boat operator was fined $160,000, plus professional and court costs of $1,089.40 (23 March 2017). More...

NSW Ambulance investigates paramedic who raised patient safety concerns
A paramedic who warned the safety of patients could be at risk after a decision affecting the rescue helicopter in his area is under investigation for potentially breaching the media policy of NSW Ambulance (23 March 2017). More...

Don't know, Don't dig worker safety campaign launched
NSW electricity networks and SafeWork NSW have joined forces to launch a new safety campaign to protect construction workers from digging into live electricity cables (22 March 2017). More...

QBCC cancels more licences of builder charged with deaths of two workers at Eagle Farm last year
Queensland's construction watchdog has revoked three licences, including concreting, joinery and carpentry, which had been granted to a builder facing charges over the deaths of two workers (21 March 2017). More...

GoldlinQ launches independent investigation after Gold Coast trams shut down for more than four hours
A network engineer has been called in to examine the issues and review the entire communications system. The trams were stopped about 10am yesterday when GoldlinQ became unable to monitor where the trams were, creating a safety issue (21 March 2017). More...

'Secret medicals' on public servants ruled unlawful
Public service bosses cannot obtain medical reports on their workers without their knowledge or consent, the Commonwealth workplace authority has ruled (16 March 2017). More...

New initiatives keeping Queensland healthcare workers safe
Queensland hospitals are now much safer for staff, patients and their families thanks to strong action-based solutions in response to key recommendations from the Occupational Violence Oversight Committee (14 March 2017). More...

Published – articles, papers, reports

Comparative Performance Monitoring Report 18th Edition
Safe Work Australia: 24 March 2017
The Comparative Performance Monitoring (CPM) reports provide trend analysis on work health and safety and workers' compensation schemes operating in Australia and New Zealand. The report also enables benchmarking across jurisdictions and the identification of best practice to support policy making. See the report, supplementary reports and fact sheets here. More...

New report about measuring and reporting on work health and safety
Safe Work Australia has published a new report that explores processes for gathering and communicating work health and safety performance information. The Measuring and reporting on work health and safety report provides an evidence-based framework for: identifying appropriate WHS key performance indicators; designing useful WHS reports, and considering WHS performance data in a way that adds value to business decisions (15 March 2017).

Safe Work Australia Fatality statistics
As at 24 March, 43 Australian workers have been killed at work in 2017. The numbers and industries may vary as Safe Work receives more detailed information (to check for updates and full figures for 2016, go to the Safe Work Australia Work-related fatalities page).

In practice and courts

Senate Inquiry Update
Non-conforming building products
Status: Accepting Submissions; Date Referred: 11 October 2016; Submissions Close: 01 December 2016; Reporting Date: 25 May 2017.

Workcover Queensland: New smoke alarm laws now apply in Queensland
The safety checklist has been revised for installation work. The heat stress page has information and safe work procedures and the work at heights page has more information (22 March 2017).

SafeWork focus on tree work industry safety
SafeWork NSW has launched a project with the tree work industry in an effort to improve safety, and better protect workers and consumers (21 March 2017). For information on working safely with trees or how to select a qualified tree work business, visit or

WorkSafe Victoria: OHS Regulations Reform The Occupational Health and Safety Regulations 2007 (OHS Regulations) and Equipment (Public Safety) Regulations 2007 (EPS Regulations) will expire in June 2017. WorkSafe is required to review and remake these regulations by this date.

WorkSafe Victoria: Safety Soapbox
Also in this edition is a round-up of prosecutions and incidents here and around Australia. Access the March 10 Safety Soapbox online, including the link to the list of reported incidents.

Dangerous Goods Operations conference 2017
The Marcus Evans Dangerous Goods Operations (DGO) conference will take place in Melbourne on March 16 – 17 2017, exploring the best safety management and DGO practices across a range of industries.

Safety Standards released

DR AS 4431:2017
Safe working on new lift installations in new constructions. Standards Australia.

AS/NZS 60079.10.1:2009 Rul 1:2017
Explosive atmospheres - Classification of areas - Explosive gas atmospheres (IEC 60079-10-1, Ed.1.0 (2008) MOD) (Ruling 1 to AS/NZS 60079.10.1) Standards Australia.


Grant v BHP Coal Pty Ltd [2017] FCAFC 42
INDUSTRIAL LAW – appeal against primary judge's dismissal of challenge to decisions of the Fair Work Commission – whether dismissal was harsh, unjust or unreasonable –whether the Coal Mining Safety and Health Act 1999 (Qld) provides authority for employer to direct employees to attend medical appointments – obligations of coal mine workers to discharge their safety and health obligations – whether legislature clearly intended to abrogate or suspend a right, freedom, or immunity – whether employer has implied contractual right to direct employees to attend medical examinations – whether privilege against self-incrimination applies in the sphere of employment – appeal dismissed.

Williamson v VH & MG Imports Pty Ltd [2017] QDC 05
CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE – where the respondent was found to have breached s 32 of the Work Health and Safety Act 2011 (Qld) for failing to comply with a health and safety duty under s 19(1) of the Work Health and Safety Act 2011 (Qld) – where the respondent was fined ninety thousand dollars – where no conviction was recorded – where employee was exposed to an unacceptable risk of death or serious injury – where the risk of injury was avoidable – whether the learned acting magistrate fell into error – whether the fine was manifestly inadequate – whether a conviction should be recorded.

Legislation – Commonwealth

Statement of Expectations for the Board of the Civil Aviation Safety Authority for the Period 27 March 2017 to 30 June 2019
23/03/2017 - This instrument puts in place a new Statement of Expectations (SOE) which serves as a notice to the Board of the Civil Aviation Safety Authority (CASA) under Section 12A of the Civil Aviation Act 1988 (the Act). This new SOE outlines in a formal and public way, the Government's expectations concerning the operations and performance of CASA.

Legislation – New South Wales

Proclamations commencing Acts
Criminal Legislation Amendment (Organised Crime and Public Safety) Act 2016 No 16 (2017-95) — published LW 24 March 2017.

Legislation – Victoria

Bills Introduced and Second Read in the first House – 24 March 2017
Crimes Legislation Amendment (Public Order) Bill 2017
WorkSafe Legislation Amendment Bill 2017

Access Victorian legislation from

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
Justine Ansell (formerly with Holding Redlich)
Similar Articles
Relevancy Powered by MondaqAI
Holding Redlich
Holding Redlich
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 Topics
Similar Articles
Relevancy Powered by MondaqAI
Holding Redlich
Holding Redlich
Related Articles
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
Registration (you must scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of

To Use you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

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 or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.


The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq 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 of the Content or performance of Mondaq’s Services.


Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions