Why do we need a “positive duty” to prevent harm?

In 2023, a Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability recommended that the Commonwealth Disability Discrimination Act 1992 be amended to introduce a positive duty on all duty-holders to eliminate disability discrimination, harassment and victimisation. This echoes the imposition in 2022 of a positive duty to prevent sexual harassment. Occupational …

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A closer look at the positive duty to prevent sexual harassment

The big occupational health and safety (OHS) news in Australia has been the release of the federal government’s response to the Respect@Work report on sexual harassment in Australian workplaces. And the biggest issue in that response seems to be the government’s lack of enthusiasm for a major recommendation of Sex Discrimination Commissioner Kate Jenkins, the …

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What We Lose When NDAs Win

Non-disclosure agreements (NDAs) are a contentious device used by lawyers, often as part of the settlement of a legal dispute. These came to the fore in the context of sexual harassment several years ago. The Victorian government has proposed a bill to Parliament that, according to the Australian Financial Review (AFR), will increase transparency. This …

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WorkSafe Victoria’s Wake Up Call on Psychosocial Hazards

WorkSafe Victoria has just concluded a Safe Work Month webinar on psychosocial hazards and psychological risks, attended by around 14,000. The content was familiar to anyone who has been following the development of Victoria’s new occupational health and safety (OHS) over the last four years, but it was an important communications opportunity for WorkSafe with …

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OHS Lessons from the Antoinette Lattouf Case

Just before Christmas in 2023, Antoinette Lattouf was taken off-air by the Australian Broadcasting Corporation halfway through her five-day contract as a radio fill-in. It sparked an acrimonious unfair dismissal dispute. Last week the Australian Labour Law Association held a webinar on the case which touched on the occupational health and safety (OHS) perspective....

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Culture is the New Compliance in Victoria’s Psychological Health Code

The most significant challenges for employers in Victoria’s new OHS (Psychological Health) Regulations, supported by a new Compliance Code, are likely to be fostering a strong workplace safety culture. ​ Occupational health and safety (OHS) advocates have been emphasising the importance of culture for several decades now (Sociologists examined it decades before). It appears that …

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Every Worker Deserves A Good Life

Work-related suicide is more insidious in some ways than non-work suicide, as it is institutionally stigmatised to the extent that its reality has been denied. There is an additional level of complexity when an employer is in control of the work, and a strong economic ideology often denies the influence of work factors. The tide …

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