Category: law

SA Liberal party policy on WorkCover

It is less than  a month to the state election in South Australia so policies are being released frequently.  This week the South Australia Liberal Party released a WorkCover policy – 18 pages  saying it will “fix Labor’s mess”.

The policy is linked to through this blog article for several reasons.  Many Australia States have elections in 2010 and in most States, the Liberal Party is in opposition.  The SA policy may indicate some of the measures to be promoted in other States elections.

Also, policy statements tend to be quietly dropped from party websites and agenda if they become embarrassing after a loss.   Continue reading “SA Liberal party policy on WorkCover”

Industrial Manslaughter mentioned in Australia’s Parliament

Earlier in February 2010, the recently appointed leader of the conservative Opposition, Tony Abbott, said in Parliament that the Minister for the Environment, Peter Garrett could have been charged with industrial manslaughter over the deaths of four insulation installers funded indirectly by the Government.  It was all oratorical bluster with little legal credibility.

However, it did remind some that industrial manslaughter laws are a reality in some Australian jurisdictions and remains a policy objective of some political parties.

In the Australian Senate on 25 February 2010, the Green Senator, Bob Brown, moved

“That, with regard to the comments made by the Leader of the Opposition (Mr Abbott) on industrial manslaughter, the Senate accepts the need for strong national industrial manslaughter laws.” Continue reading “Industrial Manslaughter mentioned in Australia’s Parliament”

Workers comp becomes political but not in a nice way

Workers’ compensation clearly has become a political issue in Australia recently due to cock-ups, and electioneering.

Embarrassment

The Australian Financial Review has embarrassed the Liberal Party’s shadow Minister for WorkCover in Victoria, Gordon Rich-Phillips.  Rich-Phillips issued a media release claiming the Victorian Government had been inactive on some deficiencies in the WorkCover system that had been highlighted by the chief justice of the Supreme Court.  Unfortunately, the Government had responded with legislative changes that had already been in Parliament.  The Government was provided a free political kick in this election year. Continue reading “Workers comp becomes political but not in a nice way”

Good bullying advice needs grounding in prevention

Recently SafetyAtWorkBlog discussed the quality of media releases on OHS matters.  A very good one was received the other day from Firefly Marketing.  The noticeable quality of this release is that although its purpose is to promote a conference, the release provides fresh and unique comments that have stand-alone benefits.

The statement includes several comments concerning workplace bullying.

Regulator

WorkSafe Victoria‘s media manager, Michael Birt  says

“The death of Brodie Panlock has received the most media attention of any WorkSafe Victoria prosecution – ever.  The case was covered extensively by Australia’s national media but was even reported in countries from the Netherlands to Russia.  The details will stay on Google forever.  The actions of Brodie’s tormentors will follow them.” Continue reading “Good bullying advice needs grounding in prevention”

Midland Bricks fined $70k for a ripped-off arm

WorkSafe WA has released a statement detailing the prosecution of Midland Bricks over a worker had his right arm and shoulder torn from his body by a machine in 2006.

Midland Bricks was fined $A70,000 over the incident.

The factors involved in this incident include the following familiar issues:

Workplace bullying questions to WorkSafe

Following the successful prosecution of four people for bullying 19-year-old Brodie Panlock, SafetyAtWorkBlog, with the assistance of a lawyer put several questions to WorkSafe Victoria about the case.  Most of the questions and their responses are below:

“SAWB: Could you please advise the reasons for the decision to prosecute the recent workplace bullying case in the Magistrates Court as opposed to the County Court?    My understanding is that this choice limited the potential fine for the individuals involved to 500 penalty points instead of 1800 , and for the company to 2500 instead of 9000.

WV:  In this case, we thought the Magistrates’ Court had the appropriate sentencing discretion to impose a proportionate and fair sentence.

In addition, Magistrates’ Court proceedings takes less time and produce more certain results than County Court proceedings – these charges were issued in July 2009 and resolved in February 2010.   Continue reading “Workplace bullying questions to WorkSafe”

Public relations, OHS and a workplace death

In October 2009, Matthew Fuller was electrocuted while installing metal foil insulation in the roof of a house in Queensland.  He was a subcontractor for a registered insulation installation company called Countrywide Insulation.

Countrywide and its owner have been heavily criticised in the Australian media.  But Countrywide has “hit back” at critics with a media release on 16 February 2010, the only content on its webpage.  The release has a contact number for a representative of the Phillips Group public relations company.  The text of the release is below and is an interesting study in what is omitted and timing. Continue reading “Public relations, OHS and a workplace death”

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