Corporate culture on show from ASIC at the Governance Institute

20160731_211159On 22 July 2016, the Governance Institute of Australia conducted a seminar at which John Price (pictured right), a Commissioner with the Australian Securities and Investments Commission (ASIC) discussed Board and Organisational Culture.  The issue of culture has been an important discussion point with ASIC and Australian businesses recently and this discussion included consideration of the role of occupational health and safety (OHS).

Although the seminar was not a speech, the discussion paralleled many of the points that Price made in this May 2016 speech.   The speech is a useful insight into how an Australian corporate regulator sees culture and it is not very different from how the OHS profession sees it.  Price references the Criminal Code that

“…defines corporate culture as including an organisation’s attitudes, policies, rules, course of conduct and practices.”

He also said that

“Culture matters to ASIC because poor culture can be a driver of poor conduct.”

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Royal Commission into juvenile detention should include OHS

Vision of the mistreatment of children in juvenile detention centres in Australia’s Northern Territory was aired on the ABC Four Corners program on 25 June 2016.  Within 24 hours, Prime Minister Malcolm Turnbull announced a Royal Commission into juvenile detention.  The treatment shown was not new and had been known by the NT Government and Ministers for several years but the quick decision for a Royal Commission shows the political influence of television and current affairs programs.  Although not yet written, part of the Royal Commission’s terms of reference should be the investigation of the workplace safety context of juvenile detention centre management and the treatment of the young inmates. Continue reading “Royal Commission into juvenile detention should include OHS”

Don’t kill anyone. Don’t seriously injure anyone.

Tooma 2016Michael Tooma (pictured right) has been a leading writer on occupational health and safety (OHS) law in Australia for some time.  He is one of the few labour lawyers who is not afraid to express an opinion although he has always spoken within the legal context.

Recently Tooma participated in a roadshow with

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A new option for avoiding OHS obligations

cover of Deferred-Prosecution-Agreements-Discussion-PaperA major motivation for occupational health and safety (OHS) improvements in many businesses is the potential damage to a company’s reputation if someone is injured or killed from the company’s operations.  Usually such an event would result in a prosecution by an OHS regulator but prosecution rates are variable and there are an increasing range of options and mechanisms, such as enforceable undertakings, available to companies in order to avoid a prosecution or financial penalty.

A new prosecution option has recently gained the attention of the Australian Government and one with which OHS professionals should become familiar as it could spread into their field of operations.

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Labour Hire Inquiry submissions address OHS, sort of

The Victorian Government has concluded the public hearing section of its inquiry into Labour Hire. Industrial Relations Minister Natalie Hutchins has said in a media release that

“Evidence has been put to the inquiry suggesting widespread  underpayment of award wages, tax avoidance, nonpayment of superannuation, poor occupational health and safety practices, maltreatment of workers and backpackers on visas, and, in some instances, allegations of illegal conduct.”

This article focusses on the occupational health and safety (OHS) evidence provided through the

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