Category: due diligence

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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Polishing What Exists: Making Sense of the New Psych Safety Code

Prominent occupational health and safety (OHS) lawyers Dale McQualter and Catherine Dunlop have just concluded the first of two online seminars about Victoria’s new psychological/psychosocial regulations and compliance code. Many employers will have a lot of work to do to comply, but the overall sense was one of reassurance.

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Why Leaders Still Miss the Hazards That Matter

We know what employers/leaders do or do not do about psychosocial hazards at work and the psychological impacts. But there is still insufficient discussion on why those leaders make those choices. Recently, Dr Caroline Howe came close to answering the “why” in a blog article for her Psychosocial Safety and Leadership Institute.

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Can I be convinced EUs are good?

In the realm of occupational health and safety (OHS), Enforceable Undertakings (EUs) have emerged as a significant alternative to prosecution for companies that breach safety legislation. Recently, I had the opportunity to catch up with Naomi Kemp to explore the concept of EUs, their implications for workplace safety, exceeding compliance, and the restoration of relationships following incidents.

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Workplace Psych Health and Safety Debate Gets New More Corporate Angle

Wade Needham provides his personal responses to a series of questions regarding psychosocial hazards, offering a fresh and more corporate perspective. This continues the series of articles based on speakers at the recent Psych Health and Safety conference.

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Psych Health and Safety Conference 2025: A Step Forward

The 2025 Psych Health and Safety (PHS) Conference, held in Sydney and hosted by FlourishDx, marked a significant evolution from its inaugural event. With over 200 delegates, a larger venue, enhanced facilities, and a more polished exhibition space, the conference built on its foundational success. Centred around four key themes—evidence-based practice, leading mentally healthy workplaces, inclusive work design, and international perspectives—the event delivered a robust platform for professionals from occupational health and safety (OHS) and human resources (HR) to converge on the critical topic of psychosocial health and safety.

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What is the most persistent barrier to employers preventing psychosocial hazards?

Two prominent experts on psychosocial hazards at work, featuring at the Psych Health and Safety Conference later this week in Sydney, Mary Ann Baynton and I. David Daniels, responded to my question to them (and other speakers) listed in the title above.

Mary Ann Baynton’s response first:

“The two most persistent barriers to employers preventing psychosocial hazards are a misunderstanding of what is required and the belief that it would cost too much in terms of time and effort….”

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