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Industrial Court of Queensland finds against High Court’s Kirk decision
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.
Kirk’s new Enterprise - The High Court reigns in OHS regulators
The implications of the recent High Court ruling in the Kirk case have far-reaching effects on the powers of OHS regulators.

High Court decision means fundamental changes to OHS prosecutions in NSW
A recent High Court decision is likely to fundamentally change the investigation and prosecution of alleged safety breaches in NSW.
Views expressed on the new OHS laws voiced at The Safety Show
A number of safety experts recently spoke at the Safety Show in Sydney to answer the wide range of questions that employers and workers had about the forthcoming national OHS laws.
No harmony likely under new OHS laws
Unions and employers will clash over Australia’s new OHS laws at The Safety Conference in Sydney on 27 October, but increasingly the regulator - rather than the law itself - is in the hot seat.
Safety responsibilities cannot be outsourced
Companies employing subcontractors should be conscious of their responsibilities to provide a safe environment for all people working on their behalf, not just employees, and that safe work practices are being carried out by all of them.
Legal consequences of safety failings
During the month of April, several major workplace health and safety cases will be before Victorian courts as WorkSafe ramps up its campaign to reduce preventable deaths and injuries.
Client legal privilege issues in managing and investigating safety incidents — Part 3
We conclude the three-part series by looking at how privilege can be jeopardised by the actions of external lawyers and organisations involved in the incident. It is vital that procedures are put in place within an organisation to ensure that privilege is maintained and not expressly or impliedly waived.
Client legal privilege issues in managing and investigating safety incidents — Part 2
In part 2, we look at issues concerning legal advice in relation to a safety incident, and look at ways to control internal investigations and documentation to maintain legal privilege.
Client legal privilege issues in managing and investigating safety incidents — Part 1
This is the first article in a three-part series that discusses the matter of client legal privilege in the context of managing and investigating safety incidents and outlines practical issues surrounding it.

Senate supports Greens call for new OHS laws to set high standards
A motion by the Australian Greens calling on the government to ensure there is no reduction in OHS standards, in implementing their new laws, has been backed by the Senate recently.
High Court win for WorkSafe
WorkSafe Victoria has won a landmark court case in the High Court, confirming its right to prosecute companies for alleged OHS offences committed before they joined Comcare.
Court-enforceable undertaking for John Holland Rail
A Western Australian company has undertaken a court-enforceable commitment to improve its workplace safety environment.
Court-enforceable undertaking for Asciano
A South Australian company has undertaken a court-enforceable commitment to improve its workplace safety environment.
New national OHS laws open for comment
Draft documents for the new model OHS legislation have been released for public comment on 28 September.
Comcare supports model OHS legislation
Comcare has voiced its support for the new draft model OHS legislation, following Safe Work Australia's announcement of the release of the draft legislation for public comment.
New national OHS laws ready for release
Safe Work Australia Council has recommended the release of a suite of OHS documents for a public comment to further the development of the model OHS Act.
Comments sought on workplace access for OHS purposes
A paper prepared by the Tasmanian Minister for Workplace Relations invites comment on proposed amendments to the Workplace Health and Safety Act 1995 to enable access for occupational health and safety (OHS) purposes.
‘Right of entry’ under NSW OHS law clarified in court
The rights of union officials to enter sites under NSW OHS legislative criteria was clarified recently in the Federal Court.
Severity of injury only one factor when determining penalty
A recent court case in the Industrial Court of Queensland clarifed the factors that determine the extent of fines imposed.
Charges laid over fatal failure of swing stage scaffold on Gold Coast
Three companies have been charged over the deaths of two construction workers at a Gold Coast high-rise construction site last year.
Conviction and fine for not ensuring sub-contractor safety
Failing to ensure the safety needs of contractors were addressed has cost a major poultry processor a conviction for OHS law breaches and $100,000.
WA government concerned over national OHS legislation
The Western Australian government has raised a number of concerns over the proposed national model OHS legislation at the recent WRMC meeting.
Companies plead guilty after explosion
Two companies were recently convicted and fined over an explosion in a Victorian meat processing plant.
Workplace safety threatened by bullying
Safety in the workplace is under threat as bullying increases, warns the unions.
Crucial High Court decision on OHS appeal
After a lengthy appeals process, a High Court decision has cleared the way for two significant safety prosecutions in South Australia to proceed.
Supreme Court overrules joint OHS appeal
The SA Supreme Court has overruled the joint appeal lodged by Santos Limited and Diemould Tooling Services, clarifying a key point of law for prosecuting serious breaches of workplace safety laws.
Public to have say on Model OHS Laws
The National Review into Model OHS Laws is now open to public review, with any interested persons invited to write a submission before 11 July 2008.
OHS laws under review
The Minister for Employment and Workplace Relations, Julia Gillard, has announced a national review into model OHS Laws.
Harmonisation for standards in Australia and New Zealand
Standards Australia (SA) and New Zealand (SNZ) have formalised an intention to work together on relevant domestic and international activities and enhance their current working relationship.

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