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The Neglected Tort — Breach Of Statutory Duty And Workplace Injuries Under The Model Work Health And Safety Law, Neil J. Foster, Ann E. Apps
The Neglected Tort — Breach Of Statutory Duty And Workplace Injuries Under The Model Work Health And Safety Law, Neil J. Foster, Ann E. Apps
Neil J Foster
The tort of ‘breach of statutory duty’ (BSD) operates at the intersection of private and public law by providing a civil remedy for those whose injuries were sustained as a consequence of a statutory breach. One of the areas where the tort has clear relevance is the area of work health and safety, with the courts almost invariably holding that the breach of a statute primarily designed to protect workers from injury will provide them with a civil remedy as well as having criminal law consequences. The tort continues to be recognised in this area at the highest judicial level …
Invitation To Book Launch, Neil J. Foster
Invitation To Book Launch, Neil J. Foster
Neil J Foster
Invitation to the Book Launch on 22 Nov 2012
Update To Whs Law In Australia No 3, Neil J. Foster
Update To Whs Law In Australia No 3, Neil J. Foster
Neil J Foster
Updates to NSW Workers Compensation law.
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 …
Workplace Health And Safety Law In Australia Update No 1, Neil J. Foster
Workplace Health And Safety Law In Australia Update No 1, Neil J. Foster
Neil J Foster
This is one of a series of updates I will be issuing to provide notes of recent developments in Workplace Health and Safety Law which either have occurred after the book was published, or which I hadn't noticed previously. Update No 1 deals with changes to the common law in relation to actions for nervous shock by relatives of workers who are killed or injured by their employer's negligence.