Resilience = the enemy of the Duty of Care

Last year Professor Michael Quinlan and Dr Elsa Underhill wrote about how precarious work arrangements had contributed to the spread and prevalence of COVI19 in Australia and its workplaces. Soon Australia’s Treasurer, Josh Frydenburg, will announce his 2021-22 Budget strategy. It is forecast to include big government spending and in many different areas of Australian …

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Selective duty of care being applied by the Australian Government – from the archive

Yesterday’s article on Comcare’s recent charging of two organisation over workplace-related harm to others generated so much interest that I have (re)published an article from 2016 that analysed an earlier, similar issue. Please also read the comments below and consider adding your own. Australia’s work health and safety (WHS) laws confirmed the modern approach to … Continue reading “Selective duty of care being applied by the Australian Government – from the archive”

The duty of care to “others”

In 2019 a man took his own life while being detained in the Villawood Immigration Detention Centre. At the time media reports said that the death was being referred to the appropriate authorities and the New South Wales Coroner. On March 10, 2021, Comcare charged: “The Department of Home Affairs and its healthcare provider (IHMS) …

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Give Duty of Care and Workers’ Compensation a good shake

At the2020 Australia and New Zealand Society of Occupational Medicine (ANZSOM) annual scientific meeting, Dr David Goddard spoke about “Regulation: when expectations go unmet”. In a wide-ranging presentation Goddard spoke of Australia’s occupational health and safety (OHS) laws touching on a couple of contentious governance issues: “…… Robens-inspired law introduced the employers’ general duty of …

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Young workers don’t know their OHS rights or their employer’s duty of care – Duh!

On March 10 2020, the Andrews Labor Government and the Minister for Workplace Safety, Jill Hennessy, released a media statement about a “social experiment” involving the safety of young workers, in response to the fact that “about 50 young workers are injured every week”. The statement said that the campaign is “… warning employers to …

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Duty of Care to the safety and health of “others”.

The Public Interest Advocacy Centre (PIAC) has released a very good report about Australia’s immigration detention centres which includes a long discussion on duty of care to detainees under Common Law. The report, “In Poor Health: Health care in Australian immigration detention” does not include any discussion on the duty of care under work health …

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Rebooting the Duty of Care

The primary occupational health and safety (OHS) duty rests with employers or, as they are known in most Australian jurisdictions, Persons Conducting a Business or Undertaking (PCBU).  Laws are based on an assumption that employers are aware of this duty and that this duty, to provide a safe and healthy work environment without risks to …

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