Tag archives: WHS

Update: Current status of WHS Regulations addressing psychosocial risks

Photo of Nicki MilionisBy Nicki Milionis on Posted in Australia
Following amendments made by Safe Work Australia (SWA) to the model Work Health and Safety Act and the model Work Health and Safety Regulations (model WHS Regulations) in June 2022 (see our related blog articles here and here), the Commonwealth, and most States and Territories have implemented specific regulatory duties requiring persons conducting a business … Continue reading

SafeWork NSW approves Code of Practice on managing psychosocial hazards

Photo of Katherine MorrisPhoto of Melissa CarnellPhoto of Brittany TyneBy Katherine Morris, Melissa Carnell and Brittany Tyne on Posted in Asia Pacific, Australia, General
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 … Continue reading

Outcomes of Australian WHS Ministers’ meeting to respond to recommendations arising from the Boland independent review

Photo of Nicki MilionisBy Nicki Milionis on Posted in Australia
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 recommendations in … Continue reading

Workplace sexual harassment: New WHS guidance materials

Photo of Nicki MilionisPhoto of John TullioBy Nicki Milionis and John Tullio on Posted in Asia Pacific, Australia
The focus on sexual harassment in the workplace, particularly as a risk to the psychological health of employees, has continued in 2021. Australian Human Rights Commission report into workplace sexual harassment The Respect@Work: National Inquiry into Sexual Harassment in Australian Workplaces published in March 2020 (Respect@Work Report), found that whilst the Model Work Health and … Continue reading

Western Australia set for WHS Reform

Photo of Katherine MorrisPhoto of Annika MartzPhoto of Shannon WalkerBy Katherine Morris, Annika Martz and Shannon Walker on Posted in Australia
The Work Health and Safety Bill 2019 (WA) received assent on 10 November 2020 (WHS Act). The WHS Act introduces the offence of industrial manslaughter and will harmonise WA’s work health and safety (WHS) laws with most other Australian states and territories. This harmonisation is long overdue in WA with the other states and territories … Continue reading

WHS regulators issue guides and codes of practice on psychological health and managing sexual harassment claims

Photo of Katherine MorrisPhoto of Annika MartzPhoto of Brittany TyneBy Katherine Morris, Annika Martz and Brittany Tyne on Posted in Australia
Earlier this year, the Respect@Work – National Inquiry into Sexual Harassment in Australian Workplaces, conducted by the Australian Human Rights Commission made key recommendations addressing psychological health and sexual harassment in Australian workplaces. Specifically the inquiry recommended: the model WHS Regulations should be amended to address psychological health by identifying and appropriately controlling work-related psychosocial … Continue reading

Record fine imposed on Ardent Leisure Limited over Dreamworld fatalities

Photo of Nicki MilionisPhoto of Allana SmithBy Nicki Milionis and Allana Smith on Posted in Australia
Background On 25 October 2016, Kate Goodchild, Luke Dorsett, Cindy Low & Roozbeh Araghi suffered fatal injuries on Dreamworld’s Thunder River Rapids Ride after the raft they had been travelling in collided with another raft. Coroner James McDougall undertook a Coronial Inquest (Inquest) which resulted in the Findings of Inquest (Findings) delivered on 24 February … Continue reading

Can injuries sustained working from home, including death, be considered to have occurred in the course of employment?

Photo of David CrossPhoto of Nazreen AliBy David Cross, Nazreen Ali and Norah Chafardet on Posted in Australia
The Court of Appeal of the Supreme Court of New South Wales considered this issue in Workers Compensation Nominal Insurer v Hill [2020] NSWCA 54,[1] confirming that a death which happened while working from home occurred as a result of injury arising out of and in the course of the deceased’s employment.… Continue reading

Sometimes it isn’t about the destination: Journey-claims and the associated risks for employers

Photo of Peta WilloughbyPhoto of Matt WichlinskiBy Peta Willoughby and Matt Wichlinski on Posted in Australia
Most employers are conscious of their health and safety obligations for when employees are at work, but what about employer obligations to employees travelling to and from work?  A recent New South Wales decision highlights the importance of employers taking a holistic approach to fatigue management both within and outside of the workplace.… Continue reading

New South Wales responds to Marie Boland Review recommendations

Photo of Katherine MorrisPhoto of Melissa CarnellBy Katherine Morris and Melissa Carnell on Posted in Asia Pacific, Australia, General
New South Wales has introduced a WHS Amendment Bill (Bill) in response to the recommendations of the Marie Boland report issued in February 2019 (see our blog article here regarding the Marie Boland review). The changes, if passed, will commence on the day they receive royal assent. The Bill proposes to: increase maximum penalties (with … Continue reading
LexBlog