Australia: Work Health & Safety News – 7 June 2017

Last Updated: 9 June 2017
Article by Charles Power, Benjamin Marshall, Michael Selinger and Rachel Drew

Most Read Contributor in Australia, September 2018

In the media

Full Court confirms: Union officials must have valid federal right of entry permit when entering under state or territory OHS laws
The Full Court of the Federal Court has today confirmed that union officials require a valid federal right of entry permit to enter a site under a State or Territory occupational health and safety law, including where a health and safety representative (HSR) invites the official on to site under an OHS law (02 June 2017). More...

Spate of injuries leads to tree work safety plea
SafeWork NSW has issued an urgent safety plea to the tree work industry after four workers were seriously injured in one month. Executive Director of SafeWork NSW, said that while there was a low number of incidents in the tree work industry compared to other industries, injuries were often serious and that's why SafeWork had commenced a project to improve safety (02 June 2017).  More...

Ride owner pleads guilty to work safety breaches after Royal Adelaide Show death
A show ride that flung a young girl to her death at the Royal Adelaide Show was not properly maintained and had injured children before, a Safework SA prosecutor told the Industrial Court (31 May 2017).  More...

Horse trainers speak out about alleged culture of bullying in the racing industry
A champion horse trainer who made headlines last year when she disappeared for three days has spoken out for the first time about an allegedly toxic culture of bullying and harassment in the racing industry (30 May 2017). More...

Building giant John Holland fined $280,000 over crane crash
Australian building giant John Holland has been hit with a $280,000 fine for major safety violations after a terrifying crash between a crane and an elevated work platform on a large roadway construction site (29 May 2017).   More... (Comcare) More...

ATA, ALC urge NHVR to develop industry 'master code'
Peak bodies (ATA, ALC) say an industry-wide code will promote higher standards of heavy vehicle safety. The 'master code' will help meet and manage the common risks faced by all heavy vehicle operators and create greater certainty for operators by reducing duplication and red tape for everyone with HVNL obligations (27 May 2017). More...

Navigational practices under the spotlight
The Australian Maritime Safety Authority (AMSA) is calling on shipowners and operators to improve their safety management systems after port State control inspections conducted by AMSA between 1 January and 30 April 2017 identified 142 ships which had failed to follow safe navigation practices on voyages (26 May 2017). More...

Judge orders maximum penalty against former Queensland CFMEU boss
A court has imposed the maximum possible penalty on former Queensland CFMEU President David Hanna for breaching right of entry laws during a heated site visit in Brisbane. Mr Hanna has been ordered to pay the maximum penalty of $10,200 for his conduct on a construction site at Fortitude Valley on 10 February 2015 (26 May 2017). More...

Palaszczuk Government to introduce strong new laws to prevent worksite deaths
New laws will enable Queensland's building regulator to take action where there is a threat to the safety of workers on building sites (25 May 2017). More...

Ministers approve up to $1.5 billion annual productivity boost to Australia's freight operators
Australian road transport operators will be able to transport more goods using fewer vehicles thanks to new policies approved by ministers at last Friday's Transport and Infrastructure Council meeting that will allow trucks to carry larger but not heavier loads (25 May 2017). More...

Placarding requirements for hazardous chemicals in bulk containers
When hazardous chemicals require a bulk storage placard they do not need a label. Dr Paul Taylor, Director of Chemicals at Safe Work Australia, said that this will reduce costs to businesses because warning information does not need to be duplicated for chemicals stored in bulk (23 May 2017). More...

Published – articles, papers, reports

Safe Work Australia Fatality statistics
As at 22 May, 63 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, go to the Safe Work Australia Work-related fatalities page).

In practice and courts

Reminder: Public Comment on Compliance Codes closes June 9
With the Minister's approval, eight draft Compliance Codes have now been issued for public comment. The links to these proposed codes are on this page. Summaries of proposed changes to the codes can be found here. Public comment, which closes on June 9, can be submitted online or by using a submission form.

NHVR: Chain of Responsibility information sessions, from May 2017
The NHVR, in conjunction with a number of industry associations, is delivering information sessions across the country to discuss the changes to CoR and ensure you have the information you need to be prepared. For further details and to register for an information session, please use the table listed under the link here

Victorian OHS Legislation effective in June 2017
The Occupational Health and Safety Regulations 2017 (OHS Regulations 2017) and the Equipment (Public Safety) Regulations 2017 (EPS Regulations 2017) take effect on 18 June 2017. These are available to download from the Victorian Legislation and Parliamentary Documents page of the Victorian Legislation website.


Australian Building and Construction Commissioner v Powell [2017] FCAFC 89
INDUSTRIAL LAW – right of entry – entry by official of organisation to workplace after request to assist by health and safety representative under s 58(1)(f) of the Occupational Health and Safety Act 2004 (Vic) – obligation on employer to allow assistant entry under s 70 of the Occupational Health and Safety Act 2004 (Vic) – whether assistant exercised "State or Territory OHS right" within meaning of s 494 of the Fair Work Act 2009 (Cth).

Australian Building and Construction Commissioner v Barker Anor [2017] FCCA 1143
INDUSTRIAL LAW – Application for imposition of pecuniary penalties – misrepresentation for requirement to pay outstanding union fees to CFMEU. Fair Work Act 2009 (Cth), s.349(1)(a).

Southern Star Windows Pty Ltd 100 012 431 23/05/2017
Forklifts; Traffic management; Failure to provide a safe working environment. Occupational Health and Safety Act 2004 21(1); Geelong Magistrates' Court.



Safe Work Australia Amendment (Role and Functions) Bill 2017
House of Representatives Second reading moved 31 May 2017 Introduced and read a first time 31 May 2017. The Bill implements the recommendations of the Review of Safe Work Australia's Role and Functions.


Bills passed

Transport and Other Legislation (Personalised Transport Reform) Amendment Bill 2017
Stage reached: Passed with amendment on 24/05/2017.
Reforms the personalised transport industry, focusing on safety and licensing and introducing a new chain of responsibility for all industry participants. The reforms include requiring both booking entities and operators to manage driver fatigue, reflective signage on the front and back of ride-booking services, and making security cameras mandatory in vehicles that are not pre-booked or take cash or payment during a journey.

Bills Progress

Building and Construction Legislation (Non-conforming Building Products - Chain of Responsibility and Other Matters) Amendment Bill 2017
Introduced on 25/05/2017 Stage reached: Referred to Committee on 25/05/2017
The Bill will seek to amend the Queensland Building and Construction Commission Act 1991 to enable QBCC to inspect sites, take samples for testing and direct rectifications. Provisions within the Bill will place additional duties on building supply chain participants and widen grounds for the QBCC to take disciplinary action against a licensee, including convictions relating to public health and safety and workplace safety. The Committee has called for submissions by 21 June 2017. The Government aims to have the legislation in effect by the end of the year.

Labour Hire Licensing Bill 2017
Introduced on 25/05/2017 Stage reached: Referred to Committee on 25/05/2017
This will establish the mandatory labour-hire licensing scheme flagged by the State Government. The main purpose of the Bill is to protect labour-hire employees from exploitation by requiring labour-hire companies to obtain a licence and demonstrate strict compliance with WHS, workers' compensation and other employment laws.


Statutory Rules commencement

No. 22: Occupational Health and Safety Regulations 2017
Commencement: Regs 1-376(b), 377-Sch. 3 cl. 18, Sch. 3 cl. 20-Sch. 16 cl. 1.6(f), Sch. 16 cl. 1.7-Sch. 17 cl. 10(a), Schs 18, 19 on 18/06/2017: reg. 3(1) Reg. 376(c), Sch. 3 cl. 19, Sch. 16 cl. 1.6(g), Sch. 17 cl. 10(b) on 18/06/2018: reg. 3(2) Not yet in operation: Regs 1-376(b), 377-Sch. 3 cl. 18, Sch. 3 cl. 20-Sch. 16 cl. 1.6(f), Sch. 16 cl. 1.7-Sch. 17 cl. 10(a), Schs 18, 19: on 18/06/2017: reg. 3(1) Reg. 376(c), Sch. 3 cl. 19, Sch. 16 cl. 1.6(g), Sch. 17 cl. 10(b): on 18/06/2018: reg. 3(2) 3 Sunset Date: 26/04/2027.

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
Similar Articles
Relevancy Powered by MondaqAI
Holding Redlich
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
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