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Labor and Employment Law

Selected Works

Neil J Foster

Work Health and Safety Act

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Full-Text Articles in Law

Towards A National Ohs Law, Neil J. Foster Jun 2010

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 …