Category: business

NSW Debates Dollars While Workers Break Down

In New South Wales, reduced workers’ compensation for those workers suffering from a mental injury remains a politically hot topic. Independent Member of Parliament, Alex Greenwich, asked the Minister for Work Health and Safety, Sophie Cotsis, about maintaining “the sustainability of premiums”. This opened the door for Cotsis to inform the House and to attack the (Conservative) opposition. The debate highlighted the continuing misdirection from much more important and key occupational health and safety (OHS) reforms.

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No Excuses, No Transition – Navigating Victoria’s New Psych Safety Code

Maddocks law firm has just concluded the second part of their psychological health and safety seminars. Lawyers Catherine Dunlop and Dale McQualter have the advantage of following a seminar on the same topic held by Victoria’s occupational health and safety (OHS) regulator just the other day. The advantage with this seminar is that the lawyers feel comfortable in giving their opinions and advice in contrast to the careful words of the WorkSafe people.

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Why Known Hazards Still Kill – Falls from Heights

Recently WorkSafe Victoria revealed that in 2025:

“In the first half of this year, 174 Workcover claims have been lodged from the construction industry, from falls alone. A further 34 businesses have been charged and another 28 duty holders faced legal action, accumulating more than 2.54 million in fines, undertakings and costs. That already tops the entire 2024 figure of $1.65 million from 33 charged or prosecuted entities.”

I had the opportunity to ask WorkSafe’s Chief Health and Safety Officer, Sam Jenkin (pictured above), why such a well-known workplace hazard persists.

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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 health and safety (OHS) legislation has had its positive duty to prevent work-related harm since 1985. So why this current push for positive duties?

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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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Governments should set the OHS bar much higher

It should be clear to readers by now that I am not a lawyer. My interest is in the practical application and compliance with occupational health and safety (OHS) laws. Those laws often encouraged employers to look for the source of workplace harms and hazards, with government agencies advising that addressing these causes is the most effective and cost-effective way to manage OHS. In this context, it seems to me that clients can significantly influence OHS, as they may be a major source of work-related harms and risks. But their role is often downplayed.

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Denmark and Australia Compared on Psychosocial Safety

Niru Tyagi recently wrote on LinkedIn about Denmark’s regulatory approach to work-related psychosocial hazards, comparing it the current Australian approach, framing Denmark as creating an industrial obligation. It is a perceptive comparison but downplays the significance in Australia of the criterion of reasonably practicable.

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