Sparke Helmore
In a Queensland first, a metalifferous mine worker has been sentenced to eight months imprisonment for failure to comply with his safety obligations under mining occupational health and safety laws, which resulted in the death of a fellow employee.

Background information
Prosecution
Training and experience
Decision
Key messages for employers

Read more of the article by Matthew Smith, Partner of [...]

Comcare v Linfox Australia Pty Ltd (ACN 004 718 647) [2010] FCA 793
As we move towards a national OHS scheme it is useful to refresh the penalty principles used in hearings of breaches flowing from injuries to employees. In this instance, the employee sustained severe and extensive crush injuries to his left arm and both [...]

N.K. Collins Industries Pty Ltd AND Peter Vincent Twigg (C/2009/56)
 

The Industrial Court of Queensland has found against the principles set down by the High Court in the Kirk decision, on the basis that the relevant legislation in Queensland and New South Wales can not be considered analogous.
Read more of the article by Norton Rose.
Reproduced with permission [...]

Kirk v Industrial Relations Commission; Kirk Group Holdings Pty Ltd v WorkCover Authority of New South Wales (Inspector Childs) [2010] HCA 1 (3 February 2010) 
 
The High Court quashed the convictions flowing from the death of Mr Graham Palmer in a farming accident. Mr Palmer was employed by Group Holdings Pty Ltd as the manager of [...]

Deacons
The Workplace Relations Ministers’ Council has approved model provisions that will be adopted throughout Australia from 1 January 2012 as the Work Health and Safety Act.
Read more of the article by Deacons.
Reproduced with permission of Deacons in accordance with their terms and conditions, privacy and copyright statement

I refer to my earlier posting in respect of national OHS laws and note the Occupational Health and Safety and Other Legislation Amendment Bill 2009 (Cth) was introduced to the House on 26 November 2009.
 
Brisbane Barrister – David Cormack

Deacons
The highly anticipated draft Model OHS Laws were released on 28 September 2009, giving us our first glimpse of what the harmonised regime may look like. The objectives of the Model OHS Laws are to enable uniform, equitable and effective safety standards for all workers, addressing the compliance and regulatory burdens of employers, including those [...]

Waco’s case  involved a prosecution pursuant to section 8(2) of the Occupational Health and Safety Act 2000 NSW. The central issue was whether certain documents were privileged pursuant to legal profession privileged in an OHS prosecution, namely the investigation report commissioned by Waco’s external lawyers. Ultimately, the court found they were in accordance with the dominant purpose [...]

The recent decision of John Holland leaves open Comcare licensees to be prosecuted under state laws for Occupational Health and Safety breaches.
Brisbane Barrister David Cormack