Category: government

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 should assist in determining changes to work processes that are as low as is reasonably practicable.

NDAs have been an insidious tool, especially in relation to sexual harassment at work.

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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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Sex Work in the New South Wales Parliament

That sex work is a legitimate occupation is far less contentious in Australia than in the past, but the reality still requires reinforcement every so often, and we can all learn things from this industry.

On October 23, 2025, Greens Member of Parliament, Abigail Boyd, asked the New South Wales Parliament to recognise

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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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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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