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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OHS and Politics

In support of Australia’s Safe Work Month, I have recorded a 12-minute opinion piece on how Australian politics since 2010 has affected the perception and development of occupational health and safety, based on past SafetyAtWorkBlog articles. It is an interesting opportunity to reflect on the decisions and actions of influential individuals like Julia Gillard, Kristina …

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Deterrence Delayed, Lives at Risk—Will Victoria’s Leaders Respond?

The Victorian Government has yet to respond to a report on occupational health and safety (OHS) sentencing and penalties that it received over the Christmas period. The longer it takes to respond to the Sentencing Advisory Council recommendations, the more delayed the action required to improve the systems, which can deter employers from ignoring their …

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Whether it’s a book or a brick, it is invaluable

The latest edition of Creighton & Stewart’s Labour Law book (7th edition) has been released. I say “book”, but it is almost a brick, weighing in on my scales at 1.8 kilograms (see photo below). The book is excellent and probably authoritative, with the primary negative being its size and format. This article focuses on …

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Farmer who killed his three-year-old goes to jail

At the end of February 2025, a farmer in England was jailed for 12 months following a successful prosecution by the Health and Safety Executive. In 2022, the farmer, Neil Speakman, drove over his three-year-old son, Albie, in a telehandler that Speakman was not qualified to use and had restricted visibility. Speakman was jailed after …

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Still insufficient answers to the Delacombe trench deaths

Last week, the Victorian Coroner, Leveasque Peterson, released her findings into the deaths of Charlie Howkins and Jack Brownlee from a trench collapse on a residential construction site in Delacombe in March 2018. The employer, Pipecon, pleaded guilty to occupational health and safety (OHS) law breaches and was successfully prosecuted by WorkSafe Victoria. But the …

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Latest OHS News from Maddocks

Last week, Maddocks law firm conducted an end-of-year summary of its workplace relations issues and a forecast for 2025. Occupational health and safety (OHS) are almost inseparable from industrial relations (IR), so the overlaps between the four or five topics discussed were enlightening and provided a good contrast to the information from other law sources....

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