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Full-Text Articles in Law
Directors And Due Diligence In Workplace Safety, Neil J. Foster
Directors And Due Diligence In Workplace Safety, Neil J. Foster
Neil J Foster
The duties of directors and other company officers under s 27 of the model Work Health and Safety Act are explored, along with related duties. Issues considered are: what level of company officer will be caught by the legislation? How will volunteer officers, and officers of nonprofit organisations, be dealt with? What are the courts likely to consider as “due diligence”? This question is considered both in terms of the Act and published guidance, but also against the background of previous court decisions on the concept in the workplace safety area and elsewhere.
You Can’T Do That! Directors Insuring Against Criminal Whs Penalties, Neil J. Foster
You Can’T Do That! Directors Insuring Against Criminal Whs Penalties, Neil J. Foster
Neil J Foster
This article considers the question of whether it is possible for company officers, who may be fixed with personal liability for civil damages and criminal penalties for workplace health and safety injuries, to insure against such liability. It will also touch on related issues to do with indemnities being provided by companies. It concludes that insurance against criminal penalties is void as a matter of public policy, and ought not to be offered by insurers or relied upon by company officers. It is also suggested that government regulators would be justified in taking action to highlight the problems caused by …
Directors Insuring Against Criminal Ohs Wrongdoing – The Common Law Position, Neil J. Foster
Directors Insuring Against Criminal Ohs Wrongdoing – The Common Law Position, Neil J. Foster
Neil J Foster
This paper considers the question of whether it is possible for company officers, who are fixed with personal liability for criminal occupational health and safety offences, to insure against such liability. It will also touch on related issues to do with indemnities being provided by companies. The paper focuses on the “common law” world, with particular reference to the UK and Australia.
Towards A National Ohs Law, Neil J. Foster
Towards A National Ohs Law, Neil J. Foster
Neil J Foster
The biggest change in the OHS legal environment in Australia in over 25 years is approaching, with the possible enactment of uniform legislation in the form of the model Work Health and Safety Act produced by Safe Work Australia in response to recommendations of a joint Federal and State ministers’ meeting. This paper provides an overview of the new legislation, touching on the new definition of duty-holders as “persons conducting a business or undertaking”, obligations imposed on managers, the differential penalty regime, new options for enforcement, and whether or not the recent High Court decision in Kirk will have any …
Personal Corporate Officer Liability Under The Model Work Health And Safety Bill, Neil J. Foster
Personal Corporate Officer Liability Under The Model Work Health And Safety Bill, Neil J. Foster
Neil J Foster
For many years it has been acknowledged that the possibility of personal criminal liability of company officers plays a key role in encouraging company compliance with OHS obligations. The area of personal liability is one of those where currently there is a wide divergence between different Australian jurisdictions. This paper offers some comments on the suggested national model and an evaluation of whether the proposed model will be effective in seeing that companies pay closer attention to OHS responsibilities.