What is the problem that Industrial Manslaughter laws are intended to solve?

Marie Boland speaking on Day one

This week Melbourne Victoria hosted a conference about Work Health and Safety Prosecutions and Enforcement. The two-day conference, run by Criterion Conferences, focused on law and the application of that law. Occupational health and safety (OHS) was largely a subtext of the discussion, but it raised its head occasionally.

The audience of around 100 consisted of many OHS regulators and lawyers from most Australian States. This conference profile set the tone of this conference where a lot of legal knowledge and terminology was assumed even though, occasionally and not knowing the audience, a speaker trod old ground with Law 101.

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The review of Australia’s OHS laws starts

In 19 February 2018, Safe Work Australia (SWA) “launched” the independent review of Australia’s Work Health and Safety laws under former Executive Director of SafeWorkSA, Marie Boland.  SWA has released a 49-page discussion paper, a summary and a list of questions.  Below is an initial response to some of those questions.

What are your views on the effectiveness of the three-tiered approach – model WHS Act supported by model WHS Regulations and model WHS Codes – to achieve the object of the model WHS laws?

The structure works well, when business owners know of the relevant documents.

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Law firm’s report provides important safety contexts

Law firms have been producing newsletters and case summaries for a long time.  Ostensibly these are for marketing purposes but occupational health and safety (OHS) professionals have benefited from these potted histories and examinations, even though the perspectives are often limited to the legal precedents.  Over the last few years though, law firms have been…

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FOI request for cost of introducing WHS laws fails again

Last year SafetyAtWorkBlog reported its failure at gaining the release of the Victorian Government’s full cost analysis of the introduction of the national Work Health and Safety laws.  In November 2014 the Victorian Government changed from conservative Liberal to traditionally more worker-friendly Labor Party.  So I submitted another request, with the same result, the report…

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