Business > Legal issues

Industrial Court of Queensland finds against High Court’s Kirk decision

01 July, 2010 by Aaron Anderson*

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.

Senate supports Greens call for new OHS laws to set high standards

29 March, 2010

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.

Kirk’s new Enterprise - The High Court reigns in OHS regulators

05 March, 2010 by Andrew Douglas*

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

17 February, 2010 by Stephen Nettleton*

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

02 November, 2009

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.

High Court win for WorkSafe

16 October, 2009

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.

No harmony likely under new OHS laws

02 October, 2009

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.

Court-enforceable undertaking for John Holland Rail

30 September, 2009

A Western Australian company has undertaken a court-enforceable commitment to improve its workplace safety environment.

Court-enforceable undertaking for Asciano

30 September, 2009

A South Australian company has undertaken a court-enforceable commitment to improve its workplace safety environment.

New national OHS laws ready for release

28 September, 2009

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.

New national OHS laws open for comment

28 September, 2009

Draft documents for the new model OHS legislation have been released for public comment on 28 September.

Comcare supports model OHS legislation

28 September, 2009

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.

Comments sought on workplace access for OHS purposes

20 August, 2009

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

03 July, 2009

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

02 July, 2009

A recent court case in the Industrial Court of Queensland clarifed the factors that determine the extent of fines imposed.

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