Ill & injured; Return-to work; WHS; Mental health risks; Medical incapacity; Case law updates
A recent decision of the Full Federal Court in Helicopter Resources Pty Ltd v Commonwealth of Australia has clarified that a company which is a defendant to a safety prosecution has substantially the same rights as a natural person under the system of criminal justice. Accordingly, with the exception of producing documents in response to a subpoena,…
A recent decision of the Full Federal Court in Helicopter Resources Pty Ltd v Commonwealth of Australia has clarified that a company which is a defendant to a safety prosecution has substantially the same rights as a natural person under the system of criminal justice. Accordingly, with the exception of producing documents in response to a subpoena,…
In brief: where there is a labour hire arrangement, the Court is less willing to impose an automatic reduction to damages payable by the host employer In 2018, the Australian Bureau of Statistics reported that four percent of Australian employees were registered with a labour hire firm or employment agency. With the casualisation of the…
Yesterday, 30 October 2019, the Workplace Safety Legislation Amendment (Workplace Manslaughter and Other Matters) Bill 2019 (Vic) (the Bill) received its second reading speech in the Victorian Legislative Assembly. The Bill, if passed, provides for the new offence of ‘workplace manslaughter’ to come into operation on a day to be proclaimed or on 1 July 2020 at the latest. The Bill and explanatory memorandum are…
As reported in our earlier article (found here), the Victorian government announced in 2018 that it would introduce an industrial manslaughter offence. The Minister for Workplace Safety, The Hon Jill Hennessy, today announced that new ‘workplace manslaughter’ laws were introduced in Parliament. The Workplace Safety Legislation Amendment (Workplace Manslaughter and other matters) Bill 2019 has been introduced to amend…
A Queensland company has been charged with industrial manslaughter in what might become the first conviction for industrial manslaughter under the Work Health and Safety Act 2011. Brisbane Auto Recycling Pty Ltd was charged with industrial manslaughter. Two directors, Asadullah Hussaini and Mohammad Ali Jan Karimi have been charged with category 1 offences under Work…
Recently we have seen a spike in the number of prosecutions commenced. This has led to an increase in the number of entities seeking to enter into enforceable undertakings, and in turn, an increase in the number of enforceable undertakings. Key takeouts A recent flurry of enforceable undertakings have been accepted by regulators across the…
If cannabis is legalised employers will need to strike a balance between encroaching on the lawful activities employees might engage in during their own time, and ensuring employees are safe and productive at work. Most of us spend a significant amount of our adult lives at work. Arguably employers can only control what an employee does in…
Working together A recent District Court decision reaffirms the need for different companies to consult, co-operate, and co-ordinate when working on the same site. Phil Stirling Building Limited (PSBL) and Duncan Engineering Limited (DEL) were recently found guilty of charges under ss 34, 36 and 48 of the Health and Safety at Work Act 2015…
On 24 June 2019, Safe Work Australia released a Consultation Regulation Impact Statement (RIS) seeking feedback on the possible impacts of implementing the recommendations of the Marie Boland independent review of the model Work Health and Safety Laws final report (Report). In February this year, Marie Boland (former Executive Director of SafeWork SA) delivered the Report which found the model WHS…