Why do we need a “positive duty” to prevent harm?

In 2023, a Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability recommended that the Commonwealth Disability Discrimination Act 1992 be amended to introduce a positive duty on all duty-holders to eliminate disability discrimination, harassment and victimisation. This echoes the imposition in 2022 of a positive duty to prevent sexual harassment. Occupational …

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OHS deserves a seat at Australia’s childcare sex abuse reform table

The community in Melbourne, Australia, has been talking about little else but a sex abuse scandal in the childcare industry. (It makes a difference from talking about beef wellingtons.) The media and the government are announcing and investigating various regulatory and enforcement options to prevent a recurrence. This abuse is a grave concern and not …

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From mindful back to careful

It seems that being “mindful” is now more commonly advocated than being careful. “Mindful” has become the equivalent of “careful”, but these words have different meanings and are not interchangeable. Occupational health and safety (OHS) laws impose a Duty of Care, not a Duty of Mind. Much of the social media discussion on Mindful vs Careful seems to … Continue reading “From mindful back to careful”

“Careful” being replaced by “Mindful”

American television drama Hill Street Blues almost always included a pre-work briefing with the senior officer concluding with a “Let’s be careful out there”.  Whether the officers paid attention to this all the time is debatable, but it was an important statement that revolved around Care. In occupational health and safety (OHS) briefings and political … Continue reading ““Careful” being replaced by “Mindful””

A closer look at the positive duty to prevent sexual harassment

The big occupational health and safety (OHS) news in Australia has been the release of the federal government’s response to the Respect@Work report on sexual harassment in Australian workplaces. And the biggest issue in that response seems to be the government’s lack of enthusiasm for a major recommendation of Sex Discrimination Commissioner Kate Jenkins, the …

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Deaths of Health Care workers from COVID19

The theme for most commemorations on April 28 is the COVID19 pandemic. This is understandable as the pandemic has disrupted lives and economies globally and many people have died. Perhaps the most tragic of these deaths are those of medical and healthcare staff who have contracted the infection through their work. The largest public outrage …

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The Salvemini court saga illustrates many problems with prosecutions, justice and care

Sometimes when there is a procedural or organisational blockage, an opportunity or potential solution appears out of the blue. A South Australian Supreme Court decision on 3 October 2012 (not yet available online) may be just such a case. Almost seven years ago Jack Salvemini was working on a shark fishing boat in the Great … Continue reading “The Salvemini court saga illustrates many problems with prosecutions, justice and care”