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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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 useful insight into employers’ perspectives on mental health at work.

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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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When Safe Work Month Shrinks and Psychosocial Hazards Expand

WorkSafe Victoria used to launch National Safe Work Month (or Safe Work Week as it started out) in a big way in Melbourne. They tried something similar when it relocated to Geelong, but this year, there was nothing of the same magnitude. There was some strong publicity benefit from having a big half- to full-day event at the start, but apparently, there was no additional benefit beyond that.

I would argue that the big event for this year’s safety month is the “Psychological Health Regulations: A focus on risk management” webinar on October 27, 2025. The new regulations and Compliance Code are what everyone seems to be talking about. For contrast, I have reviewed some of the presentations from the opening of WorkSafe Week in October 2012 by WorkSafe and VECCI.

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