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OHS
R v Lavin [2019] QCA 109 McMurdo JA and Mullins and Davis J FACTS On 6 February 2019, the Appellant, an officer of Multi-Run Roofing Pty Ltd (the company) was found guilty of failing to exercise due diligence duties to ensure that the company, complied with a primary duty of care provisions under the Work...
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Wilmar Sugar Pty Ltd v Blackwood [2017] QSC 180  Douglas J The application concerned a statutory order of review pursuant to the Judicial Review Act 1991 (Qld) of the respondent’s decision to reject an enforceable undertaking offered by the applicant following the death of a worker. Relevantly, s 216 of the Work Health and Safety...
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Perilya Limited v Nash [2015] NSWSC 706 Further to the earlier post about the powers of inspectors when entering a workplace, the Supreme Court of NSW has refused leave to appeal the conviction and sentence imposed on the company for failing to produce records, including minutes of Board meetings from the company’s interstate head office....
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Canny v Primepower Engineering Pty Ltd [2015] WADC 81 In a Western Australian decision flowing from a session of heavy drinking after work, an apprentice suffered in excess of 60% burns to his body, when placing flammable substances into an old engine. The insurer denied indemnity to the employer on the basis that they acted in...
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Hunter Quarries Pty Ltd v State of New South Wales (Department of Trade & Investment) [2014] NSWSC 1580 On 1 January 2012 the Work Health and Safety Act 2011 commenced in Queensland. It mirrored legislation by the Commonwealth and Territories and was also adopted by New South Wales and later by Tasmania and South Australia...
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Comcare v John Holland Pty Ltd [2014] FCA 1191 Siopis J helpfully analysed the competing interests when dealing with a guilty plea under OHS legislation which imposes a ‘civil penalty’ by reference to comparative practices in criminal law matters. His Honour noted some comparative issues, but also distinguishing features. As to the practice of agreed...
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The Queensland government launched on 3 November 2014 a “one-stop shop” for workers’ compensation and safety matters (www.worksafe.qld.gov.au). Merging the web sites and phone numbers of: WorkCover Queensland; Workplace Health and Safety Queensland; the Workers’ Compensation Regulator; and the Electrical Safety Office. The new phone number is:  1300 362 128. David Cormack – Brisbane Barrister & Mediator
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Bell v Hendry & Ors [2014] ICQ 018 Martin J concurred with the original decision and found the complaint under the Justices Act 1886 a nullity and dismissed the appeal. In coming to the decision his Honour considered the particulars and found they did everything but assist: [25] Part of the problem which has led...
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In this issue: we look at the circumstances surrounding the prosecution of a business for using hazardous chemicals; the courts move to increase penalties for WHS breaches; a new monetary threshold for principal contractor duties in Victoria; and the growing use of enforceable undertakings as an alternative to prosecutions under model WHS laws. Business fined for...
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Karimbla Construction Services Pty Ltd v President of the Industrial Court [2014] QSC 56 Administrative law – Prerogative writs and orders – Certiorari – where complaint made of offence under Workplace Health and Safety Act 1995 (Qld) – where application to strike out charges dismissed and appeal dismissed – where applicant alleges failure to particularise acts...
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