OHS model law remains divisive

An article in the Australian Financial Review (not available on line) on 16 October 2009 provided some additional legal opinions on the implementation and aims of Australia’s draft Safe Work Bill. Other than Michael Tooma’s well established thoughts on the draft law, Liberty Sanger of Maurice Blackburn, a law firm with strong trade union links, … Continue reading “OHS model law remains divisive”

WorkSafe’s take on John Holland’s High Court failure

Further to the posting about John Holland Group’s failed bid to the High Court of Australia, WorkSafe Victoria has issued a media statement on the case which indicates what will happen in Victoria: “WorkSafe charged John Holland Pty Ltd in relation to an October 2006 safety incident associated with the transport of concrete panels for … Continue reading “WorkSafe’s take on John Holland’s High Court failure”

OHS is becoming criminal law in a social context

On 14 October 2009, Australian law firm Deacons hosted a breakfast seminar of the draft OHS model law proposed by the Australian Government.  The speaker, Mike Hammond, expressed concern about many sections of the draft laws because they do not seem to fit how OHS law has been structured in Australia and the UK for over thirty years. This is not to say … Continue reading “OHS is becoming criminal law in a social context”

Perhaps a step too far on homes as workplaces

According to an AAP report released on 8 October 2009, Australian homeowners could be liable for the injuries of workmen on their premises.  According to Michael Tooma of Deacons law firm, the breadth of the proposed OHS model laws could cause big legal problems for homeowners (as if interest rate rises and balcony collapses were not enough). … Continue reading “Perhaps a step too far on homes as workplaces”

Queensland take on Model OHS laws

Cooper Grace Ward is another Australian law firm who has issued a brief alert on the proposed OHS model laws in Australia. As a Queensland-based firm it has a slightly different take on the draft Safe Work Act Duty of Care Cooper Grace Ward see the introduction of “reasonably practicable” as a new duty of … Continue reading “Queensland take on Model OHS laws”

Deacons are first with harmonised OHS law comments

Michael Tooma, of the Australian law firm Deacons, is often the first labour lawyer to comment on Australia OHS Law matters and this week was no different.  While many of us are continuing to digest the draft OHS Act, Tooma has identified several issues of interest.  Some are discussed below. [Tooma’s full legal update is available  HERE] … Continue reading “Deacons are first with harmonised OHS law comments”

Harmonisation documents available but path is far from settled

On 25 September 2009, Australia’s Workplace Relations Ministers Council (WRMC) agreed to release the draft legislation for public comment. According to one media report, the New South Wales Finance Minister, Joe Tripodi, “…moved at the [WRMC] meeting to have union prosecutions included in the new laws and was defeated by eight votes to one.” The documents are now available for download HERE. … Continue reading “Harmonisation documents available but path is far from settled”