All publications relating to ‘Workplace Health and Safety’
Abuse from the Anti-Mask ‘Activists’: The Obligations of Employers
One very recent and unwelcome phenomenon during the Covid-19 pandemic in Australia has been the emergence of the anti-mask “activists” (often described using the recently minted pejorative “Karen”). Media reports (largely based on social media posts) suggest they are especially prevalent in Victoria, where masks in public have been made…
Meritas — An Introduction to Temporary Changes Affecting Businesses in Australia and New Zealand
Looking for business and legal guidance regarding COVID-19 updates and programs in Australia & New Zealand? This document has coverage across the region with member firms who are here to assist. Please visit any of the COVID-19 resource materials for more comprehensive updates. View here…
Deeds of Release and their effectiveness – update 2019
Introduction Releases and in particular, deeds of release, play a significant role in resolving disputes across a wide range of issues and at different stages in their evolution. It is a reasonable expectation to have, as the beneficiary of a release, that it will provide certainty going forward and that the person providing the…
Abuse from the general public: The obligations of employers
Recently a radio presenter on ABC radio in Adelaide broke down in tears on air after receiving an abusive text message from a listener which had been sent through the station’s text feedback number. The text criticised the presenter stating that she had she had conducted “a pitiful interview”, claimed what she said…
The First Category 1 WHS Prosecution in New South Wales: The Meaning of “Reckless”
The recent decision of the District Court in Stephen James Orr v Cudal Lime Products Pty Ltd; Stephen James Orr v Simon Shannon [2018] NSWDC 27 is the first to deal with a category 1 prosecution in New South Wales under the Work Health and Safety Act 2011 (NSW) (Act). Categories of Offences There are…
ACCC report highlights penalties for franchisors for failing to meet disclosure obligations
The ACCC has recently published its bi-annual “Small business in focus” report (‘the Report’) for the period July to December 2017, which includes insights into the work that the ACCC undertakes to protect franchisees.The Report includes statistics about the number of reports it receives about “Franchising Code related issues” that…
Principal Contractors: The Rules of Engagement
The role of principal contractor is critical in managing the work health and safety risks on construction projects. Even so, misunderstandings still arise as to the application of the rules relating to the engagement of principal contractors under the Work Health & Safety Regulations 2017 (NSW) (WHS Regulations). (These rules are in…
Franchisors beware: ACCC report highlights actions taken against franchisors
The ACCC has recently published its biannual “Small Business in Focus” report (“the Report”) which describes the work it has undertaken concerning small business, franchising and agriculture over the first six months of this year.[1]Part of the Report highlights the enforcement actions it has taken against franchisors for alleged breaches…
Health & Safety Representatives: introduction to the workplace
In Brief Following on from our earlier article regarding the new Work Health and Safety Act 2011 (NSW) (WHS Act), this article addresses the introduction of the Health & Safety Representative (‘HSR’) and how this impacts employers. HSR Roles & Functions Employers have an express duty to consult workers on WHS issues. HSRs represent…