Victoria’s proposed Occupational Health and Safety Amendment (Psychological Health) Regulations (Proposed Regulations) were released yesterday and, if approved by the Minister, are slated to commence operation on 1 July 2022.
Their introduction follows a period in which workers’ compensation claims for mental injury have persistently increased across Australia. In Victoria, such claims increased
The Occupational Health and Safety and Other Legislation Amendment Act 2021 (the amendment Act) was passed by the Victorian Parliament on Thursday 16 September 2021, and amends the Occupational Health and Safety Act 2004 (Vic) (the Act).
Labour Hire
On the first day after the end of a 6 month period,
WorkSafe inspectors will now be able to issue infringement notices to companies and individuals for certain occupational health and safety offences.
The Occupational Health and Safety Amendment (Infringements and Miscellaneous Matters) Regulations 2021 (Vic) which amends the Occupational Health and Safety Regulations 2017 (Vic) (2017 Regulations) commenced on 31 July 2021 in Victoria.
The High Court has upheld the employer’s appeal in the Rossato casual employment test case, and in the process has clarified the definition of casual employment (Workpac Pty Ltd v Rossato [2021] HCA 23). However, the practical significance of this decision has been limited by recent legislative amendments.
The High Court held that a casual
On 24 June 2021, the Federal Government introduced the Sex Discrimination and Fair Work (Respect at Work) Amendments Bill 2021 (Cth) (Bill) into the Senate. The Bill amends both the Sex Discrimination Act 1984 (Cth) (SDA) and the Fair Work Act 2009 (Cth) (FWA) in response to the Respect@Work
On 17 June 2021, the Australian Human Rights Commission (AHRC) released the “Equality across the board: Investing in workplaces that work for everyone (2021)” report (AHRC Report). The report collates survey and interview data from 118 ASX200 listed companies to portray how these companies are currently combatting the issue
SafeWork NSW has approved Australia’s first Work Health and Safety (WHS) Code of Practice on managing psychosocial hazards at work (the Code). The Code took effect on 28 May 2021.
The WHS Act provides that an approved code of practice is admissible in Court proceedings as evidence of whether or not a duty or obligation under the WHS Act has been complied with. A Court may have regard to an approved code of practice as evidence of what is known about a hazard or risk, risk assessment or risk control, and rely on the code of practice in determining what is reasonably practicable in the circumstances. Therefore, compliance with the Code will be an essential part of organisations complying with their duties under the WHS Act in respect of psychosocial hazards and risks.
The Code offers practical guidance to persons conducting a business or undertaking (PCBU) and other duty holders under the Work Health and Safety Act 2011 (NSW) (WHS Act) on the process for identifying and managing psychosocial hazards and risks at work, to assist PCBUs and other duty holders in meeting their WHS responsibilities.
For the first time in the 37 years since the Occupational Safety and Health Act 1984 (OSH Act) came into effect, an individual has been sentenced to imprisonment in Western Australia. The successful prosecution may be one of the last prosecutions brought under the OSH Act which is soon to be replaced by
The long-awaited meeting of Australian WHS Ministers to discuss the response to the 34 recommendations contained in the Marie Boland independent review of the model Work Health and Safety Laws final report (published in February 2019) (Boland report), took place on 20 May 2021. We have previously discussed the Boland report and its
In mid-March 2021, amendments were sought to the Sex Discrimination Act 1984 (Cth) (SD Act) by independent member Ms Zali Steggall OAM introducing the Sex Discrimination Amendment (Prohibiting All Sexual Harassment) Bill (Bill). If passed, the Bill will address some of the shortcomings in the SD Act which were initially highlighted