Safe Work Australia has launched the public consultation process for the review of the model WHS laws, posing 37 questions for discussion and pointing to the reasons why industrial manslaughter provisions weren't included in the Act.
New industrial manslaughter laws that could be adopted nationally are clearly intended to cover a broader range of people than the WHS Act's due diligence obligations, and breaches will be far easier to prove than category 1 offences, according to safety and employment lawyer Katherine Morris.
Safe Work Australia has announced the terms of reference and independent head of the upcoming major review of the national model WHS laws.
WHS amendments that recently passed in Queensland and will be pushed nationally effectively mandate risk management, while the industrial manslaughter provisions "create conflict" in the operation of the WHS Act, according to leading health and safety lawyer Michael Tooma.
Understanding the Victorian OHS Act in the context of the model WHS regime is critical for duty holders, with superior courts, for instance, viewing the unstated objects of the former "through the prism" of the latter's broad objectives, according to the latest edition of Victoria's OHS law "bible". (Read on for your chance to win one of three copies!)
Queensland will push for industrial manslaughter provisions and other safety amendments to be adopted nationally during the upcoming review of the model WHS Act, a parliamentary committee inquiry has revealed.
The dispute over union powers to enter sites to assist HSRs appears to be far from over, with a safety regulator "considering its options" in relation to the full Federal Court's Friday decision on the matter.
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