Reform or Reframe? NSW’s WHS Laws Tackle Liability, Not Prevention

The New South Wales (Labor) government has amended its work health and safety and industrial relations laws. These changes have been described as “substantial” in one legal opinion, but the changes reflect the management of company liability more than preventing harm.

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Regulations: Addressing Market Failures and the Myth of Free Markets

Recently, Federation Press published a weighty tome written by Arie Freiberg called “Regulation in Australia. 2nd Edition“. For those of you who are legislative junkies and can quote sections of occupational health and safety (OHS) law, you will love this, as it examines the mechanics of regulation, not just those of Industrial Relations or OHS. And there is some powerful context to market failures that often lead to new regulations, a perspective shared with Naomi Oreskes and Erik M Conway in their 2024 book, “The Big Myth“.

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Will a Code of Practice for psychosocial hazards be effective?

Victoria is developing its own Code of Practice for managing (and hopefully preventing) psychosocial hazards in the workplace, ahead of amendments to its occupational health and safety (OHS) laws in late 2025. But how powerful and enforceable can a Code of Practice be? A new book by Arie Freiberg, “Regulation in Australia“, helps explain this, but the future could look better.

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NZ OHS reform is all sticks and carrots of questionable quality

Recently, New Zealand’s Minister for Workplace Relations and Safety, Brooke Van Velden, was interviewed for almost half an hour by Jack Tame on her government’s proposed changes to occupational health and safety (OHS) laws. The interview was informative and entertaining, as it explained some aspects of the OHS changes, but also showcased a Minister who was uncomfortable with being questioned.

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Poor footballer mental health may be a symptom of CTE, but it is the risk of CTE that should be prevented

The concussion risks of sportspeople continue to appear in the media and popular discussions after every suicide, death, or retirement of sportspeople who play contact sports. Recently, Alan Pearce, Professor, Adjunct Research Fellow, School of Health Science, Swinburne University of Technology, wrote an opinion piece for The Australian newspaper (paywalled) that touched on some occupational health and safety (OHS) themes that deserve expanding.

[This article discusses suicide]

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What the hell is happening with OHS in New Zealand?

The latest government in New Zealand has some wild ideas and policies. Surprisingly, some involve reforming occupational health and safety (OHS) laws. Reform is usually positive as it progresses laws and fixes errors, oversights, or shortcomings, but this NZ activity is different. To start, it is necessary to look at the policies and some of the media statements from the current Prime Minister and Minister for Workplace Relations and Safety.

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The recent recommendations into OHS penalties are likely to go nowhere

The Victorian Sentencing Advisory Council‘s report on OHS sentencing received minimal media coverage. Perhaps more will come when the government responds to the recommendations. However, the coverage focused on the recommendation for a substantial increase in financial penalties for those who breach occupational health and safety (OHS) laws. The report contained much more than financial penalties, but the political climate will likely stifle any significant reforms.

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