Leading commentary and perspectives on employment and labor law
Organisations are increasingly at risk of investigation and prosecution by work health and safety…
This article was co-authored with Arabella Cull.
Case update: Anthony Michael Gibson v Maritime New Zealand [2026] NZHC 813
On 31 March 2026, the High Court of New Zealand (HCNZ) dismissed the appeal of Anthony Gibson, the former CEO of Ports of Auckland Limited (POAL), and upheld his conviction and sentence by the District…
The NSW Parliament has narrowly passed the Work Health and Safety Amendment (Digital Work Systems) Bill 2025, introducing the most significant update to the State’s WHS framework in more than a decade. The reforms, an Australian first, respond to the rapid expansion of AI‑enabled management tools, algorithmic scheduling, digital surveillance technologies and automated decision‑making systems…
This article was co-authored with Arabella Cull.
The Work Health and Safety Regulation 2025 commenced on 22 August 2025, replacing the Work Health and Safety Regulation 2017 and introducing changes such as the application of the hierarchy of control measures to psychosocial risks, and new information sharing duties for the silica worker register. At the…
The shift in delivering renewable energy projects away from engaging a single contractor who takes full responsibility for the engineering, procurement, and construction aspects of a project (EPC contract model) to instead developers contracting directly with multiple specialised contractors for separate packages of work (split contract model) raises interesting issues concerning satisfying the principal contractor…
Welcome to our WHS Law Briefing. This briefing identifies key issues and emerging trends in WHS Law, and details significant legislative and case law developments from February to date in July 2025. Please contact our national WHS team if you would like to discuss any of the matters in this briefing or would like…
There is much speculation as to the future of diversity, equity and inclusion programs in Australian businesses given recent political and workplace discussions at home and abroad.
While much of the speculation about Australian businesses appears to be focussing on political values and the “business case” for or against diversity programs, it is critical…
In this article we explore four of the key issues and trends affecting organisations globally from a work health and safety perspective, both now and in the future: global WHS regulation; the rise of technology; changing workforce populations and structures; and psychosocial hazards and risks.
In examining these trends, we have been struck by…
The Australian Government has recently approved a new Code of Practice – Managing Psychosocial Hazards at Work under section 274 of the Work Health and Safety Act 2011 (Cth). The new Code is largely based on Safe Work Australia’s model code of practice of the same name, but there are some important differences.
A summary…
Authors: Katherine Morris, Michael McCrea
Introduction
A recent decision of the District Court of New South Wales has clarified the content, nature and extent of an officer’s duty to exercise due diligence in relation to safety matters under the Work Health and Safety Act 2011 (NSW) (WHS Act).
Persons conducting a business or undertaking (PCBU)…
