Category: law

Could a prisoner’s death in a prison van be a breach of OHS laws?

ABC television program Lateline broadcast on 2 March 2010 an article (video available) about the death of 59-year-old Mark Holcroft in the back of a prison van in 2009.

Holcroft was a low risk inmate serving 7 months for a drink-driving offence.  He was several weeks into his sentence when he was being transported with six other prisoners to a low-security farm.  From the information made available by ABC, as Holcroft was dying in the van, the other inmates banged on the walls of the van and yelled to attract the drivers’ attention.  The van was equipped with a camera in each of the four corners of the van’s security compartment.  One inmate repeatedly signed at the cameras to attract the attention of the drivers. Continue reading “Could a prisoner’s death in a prison van be a breach of OHS laws?”

OHS due diligence and safety management

In the February 2010 newsletter for Australian law firm, DLAPhillips Fox, Andrew Ball and Donna Trembath wrote about one of the important elements of the model Work, Health & Safety Act – due diligence.   We look at how SafetyAtWorkBlog and other OHS information services can support due diligence on OHS matters.

Ball and Trembath list 6 elements in the definition of due diligence (in bold):

Acquire and have up to date knowledge of work OHS matters.

This first element is where business and OHS information sources are going to be crucial supporters.  OHS law in Australia has always supported the need for companies and safety professionals to maintain a current state of knowledge.  There have always been newsletters on OHS issues but it is very easy to fall into a habit of reading only the information that will assist one in their job rather than getting information that relates to safety throughout a workplace.  The use of Health & Safety representatives or OHS Committees can be important in maintaining a “corporate” state of knowledge.  Delegation of reading information can be very useful and HSRs and OHS Committees are probably the most neglected preventative tools in the safety professionals toolbox. Continue reading “OHS due diligence and safety management”

Some families in South Australia blame WorkCover for their partners’ suicides

In January 2010, Today Tonight in South Australia aired a disturbing report about the workers compensation reforms in that State.  It talks to two widows who blame WorkCover SA as contributing to their husbands’ suicides.  One man left a suicide note explicitly blaming WorkCover SA, emphasising his point by jumping to his death from the sixth floor of the WorkCover office building.

The video report is available HERE under the title WorkCover Suicide.

One of those interviewed in the story is Kevin Purse who undertook a report into the SA workers’ compensation system on behalf of SA Unions.   Continue reading “Some families in South Australia blame WorkCover for their partners’ suicides”

Workplace Bullying petition is now online

In February 2010, an Australian Facebook Group has put together a petition to call for a thorough review into issues associated with workplace bullying.  The initiative stemmed from the successful prosecution of four men who contributed to the suicide of Brodie Panlock through their bullying behaviours.  The petition, subtitled “Petition For Criminal and Workplace Reform In Australia For Psychological Abuse”,  has now been prepared and is seeking support.

The crux of the petition is:

“Your petitioners ask that the Parliament:

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”

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