Category: law

What is the “All Victorians Infrastructure Fund”?

ON 22 November 2018, two days before the State Election, the Secretary of the Department of Treasury and Finance released a document called the “Release of costing of election commitment“.  Most of the media attention was on the removal of a self-imposed “debt cap” by Treasurer, Tim Pallas, but there is an interesting footnote that seems to involve using some of WorkSafe Victoria’s premium income as a dividend to fund infrastructure.

Attachment A – “Summary of Labor’s 2018 Election Commitments” – lists the following table (figures are in millions):

Footnote 3 says:

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What will the Liberal/National coalition do for Victoria on OHS?

The Victorian Liberal/National Coalition’s election platform is available on-line, or at least an outline is.  On 21 November 2018 a couple of days out from the State Election, Opposition Leader, Matthew Guy, released the Coalition’s 6-page plan for their first 100 days in office, should they win on Saturday.

The State Platform of the Victorian Division of the Liberal Party of Australia makes no mention of occupational health and safety (OHS) but there are many beliefs that would be dramatically affected if OHS is not managed appropriately. 

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Greens OHS Update

Further to this morning’s article, the Victorian Greens provided the following information:

“The Greens believe that:

  • Every employee deserves to be safe in the workplace
  • Going to work should not involve putting lives at risk
  • Harsh penalties should be in place to deter employers from cutting corners on workplace safety
  • The law must provide justice for victims and families should preventable accidents occur in the workplace

Earlier this year, Nina Springle MP called on the Victorian Government to introduce corporate and industrial manslaughter laws. You can read more about it in the link below:

https://greens.org.au/vic/news/media-release/keeping-victorians-safe-work

In other states around Australia, the Greens have continually been strong advocates for industrial manslaughter laws.”

Kevin Jones

What will the Greens do for Victoria on OHS?

The policy platform of the Victorian Greens party has been publicly available for some time but there is only one paragraph in the 22 page document that directly addresses occupational health and safety (OHS):

“We voted for regulating labour hire, we will support criminalising wage theft, and we have called for industrial manslaughter laws.” (page 26)

But if a generous definition of workplace health and safety is applied there are several other policies of interest.

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What will the ALP do for Victoria on OHS?

archive photo of Premier Daniel Andrews

The Victorian Branch of the Australian Labor Party has had its 2018 policy platform available online for sometime.  Given that the State election  is on November 24, 2018 it is timely to look at the ALP’s new, or restated, commitments.

In its section on Occupational Health and Safety (OHS) the ALP claims that its support of WorkSafe Victoria’s

“…behavioural change campaigns has seen a reduction over time in workplace injury and death, however there remain some businesses which continue to show little regard for the safety of their workforce.” (page 17)

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Two exemptions to Victoria’s Industrial Manslaughter laws

Every industry sector should have its own occupational health and safety (OHS) conference.  This allows for specific OHS topics to be presented but also provides for a broader context. The recent conference conducted by the Victorian Branch of the Australian Nursing and Midwifery Federation (ANMF) was a great example.

So close to a State election and in the lead-up to a Federal election it was not surprising that the trade union movement’s Change The Rules campaign gained attention, as did the push for the introduction of Industrial Manslaughter laws, in the presentation by Dr Paul Sutton.

The main points of his presentation are familiar and have been reported on previously but this presentation included news about two exemptions to the laws which may raise uncomfortable questions. 

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One of the most useful books about OHS law

It is difficult to make a book about occupational health and safety (OHS) law interesting.  Some try with creative design but the most successful is when laws are interpreted into real world circumstances.  Thankfully Breen Creighton and Peter Rozen have written the latter in the 4th edition of Health and Safety Law in Victoria. Independent Australian publishers, Federation Press, recognise the significance of this edition:

“This is an entirely re-written and greatly expanded edition of this standard text on occupational health and safety law in Victoria….[and]

…Critically, the new edition locates the 2004 Victorian Act firmly in the context of the harmonised work health and safety regime…”

This discussion of context lifts this book from an analysis of one State’s OHS laws to an analysis of harmonisation, which may be offer a useful counterpoint to

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