In the media
NTC seeks feedback on Australian Road Rules
amendment
Retter says harmonising road rules across the states and
territories can improve road user safety (29 June 2017).
More...
SafeWork announces construction industry safety
crackdown
SafeWork NSW has today announced a safety crackdown on the
construction industry, following a recent spike in serious injuries
to workers on Sydney building sites (28 June 2017).
More...
TWU highlights fatality risk to Senate
inquiry
The Transport Workers Union (TWU) has used a
Senate committee inquiry into truck driver training and other
industry matters to round on the federal government on the safety
of drivers (28 June 2017).
More...
Construction company fined $90,000 after worker's
skull pierced by steel bar
A Sydney construction company has been fined $90,000 over an
incident in 2013 where an 18 year old worker's skull was
pierced by a steel reo bar that flew into the cabin of the
excavator he was operating (26 June 2017).
More...
Building manager arrested, charged over threats to
'attack' union organiser
A construction company manager has been arrested and charged after
allegedly threatening to track down a union safety organiser and
saying he would "attack you and your family" (23 June
2017).
More...
E-sickies fail to get clean bill of health from
doctors
Some websites are offering medical certificates for as little as
$20 and that has doctors worried (23 June 2017).
More...
Demolition company fined $25,000 over live power line
incident
A demolition company was convicted and fined $25,000 over an
incident at Phillip Island in which an excavator pulling down a
house collided with live overhead power lines (19 June 2017).
More...
Published – articles, papers, reports
Safework Australia: Year-to-date 2017: Preliminary
worker deaths by industry of workplace
As at 22 June, 85 Australian workers have been killed at work in
2017. The number of worker deaths listed in this table is based on
initial media reports and is a preliminary estimate of the number
of people killed while working. Updated information is used to
publish Safe Work Australia's annual
Work-related Traumatic Injury Fatalities report which
includes finalised work-related fatalities from 2003 onwards.
NHVR newsletter: On the Road, Issue 12, 19 June
2017
The industry updates provide important information for subscribers
on the heavy vehicle industry, including the latest NHVR news and
events, relevant law and policy changes, and resources to help
industry members comply with the law.
More...
WorkSafe Queensland eSAFE - June 2017
The latest issue was published on 30 June 2017.
Worksafe Victoria: Safety Soapbox 30 June 2017
The latest issue was published on 30 June 2017.
In practice and courts
NHVR: New notice to improve self-clearing
defects
The NHVR will introduce a new self-clearing defect notice for heavy
vehicle defects that do not pose a safety risk (29 June 2017).
More...
NTC seeks input on proposed amendments to the Australian
Road Rules
The National Transport Commission (NTC) released
the latest package of proposed amendments to the Australian Road
Rules (ARRs) for public consultation (29 June
2017).
More...
NTC seeks feedback on draft load restraint
guide
Having released a new draft version of its
Load Restraint Guide today, the National Transport
Commission (NTC) is inviting stakeholder feedback
that will help improve the new edition. Last day to submit feedback
is 4 August.
ABCC E-Alert: Right of Entry
In recent correspondence from the CFMEU to the ABCC, the CFMEU
raised two specific matters relating to the ABCC's right of
entry educational material. Having considered the correspondence,
the ABCC has made changes to its materials to ensure that the
following matters are clear to all industry participants (19 June
2017).
More...
FWC: Filing fee—Dismissals, general protections
& anti-bullying applications
From 1 July 2017 the filing fee for dismissals, general
protections and anti-bullying applications made under ss.365, 372,
394, 773 and 789FC of the Fair Work Act 2009 will increase
to $70.60.
Also effective from 1 July, the high income threshold in unfair
dismissal cases will increase to $142,000 and the compensation
limit will be $71,000 for dismissals occurring on or after 1 July
2017 (27 June 2017).
More...
New Safety Standards
AS/NZS 1906.1:2017
Retroreflective materials and devices for road traffic
control purposes - Retroreflective sheeting. Standards
Australia.
More...
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 from 18 June 2017.
These are available to download from the Victorian Legislation and
Parliamentary Documents page of the Victorian Legislation website.
Cases
Berry v State of South Australia [2017] FCA
702
HUMAN RIGHTS – disability discrimination — disability
necessitating absences from workplace in excess of leave
entitlements — discretionary leave without pay —
whether employer unlawfully discriminated against employee in the
administration of discretionary unpaid leave.
Worksafe Victoria Prosecution Result Summaries & Enforceable Undertakings
John Arthur Bradley 22/06/2017
Offences in relation to inspectors; Providing false or misleading
documents to an inspector Occupational Health and Safety Act
2004 119(3)(a); Ballarat Magistrates' Court.
FX National Pty Ltd 600 701 451
16/06/2017
Crush injuries; Failure to conduct a risk/hazard assessment;
Failure to provide a safe system of work; Failure to provide
information, instruction, training or supervision; Guarding;
Unguarded plant Occupational Health and Safety Act 2004
21(1)&(2)(a); 21(1)&(2)(e); Melbourne Magistrates'
Court.
Legislation
NSW
Regulations and other miscellaneous instruments
Heavy Vehicle (Adoption of National Law) Amendment (Penalties)
Regulation 2017
(2017-311) — published LW 30 June 2017.
Heavy Vehicle National Amendment Regulation 2017
(2017-329) — published LW 30 June 2017.
Work Health and Safety Amendment (Fees) Regulation
2017
(2017-318) — published LW 30 June 2017.
Bills assented to
Terrorism Legislation Amendment (Police Powers and Parole)
Act 2017 No 24
— Assented to 22 June 2017.
For the full text of Bills, and details on the passage of Bills, see Bills.
Queensland
Subordinate legislation as made
No 94
Work Health and Safety (Codes of Practice) (Tower Cranes)
Amendment Notice 2017
- Work Health and Safety Act 2011 – 23 June 2017.
No 102
Proclamation commencing certain provisions
Heavy Vehicle National Law and Other Legislation Amendment Act
2016 – 30 June 2017.
No 114:
State Penalties Enforcement (Heavy Vehicle National Law)
Amendment Regulation 2017
- State Penalties Enforcement Act 1999 – 30 June
2017.
No 115: Electrical Safety and Other Legislation (Fees) Amendment Regulation 2017 - Electrical Safety Act 2002; Work Health and Safety Act 2011 – 30 June 2017.
Victoria
Statutory Rules made
No. 41: Road Safety Road Rules
2017
Commencement: 01/07/2017: rule 2 Not yet in operation: Rules 1-408:
on 01/07/2017: rule 2 Sunset Date: 06/06/2027.
No. 42: Road Safety (Drivers), (General), (Traffic
Management) and (Vehicles) Amendment (Road Rules) Regulations
2017
Commencement: 01/07/2017: reg. 3 Not yet in operation: Regs 1-13:
on 01/07/2017: reg. 3 Sunset Date: 06/06/2027.
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.