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- Occupational Health and Safety Law (14)
- Liability of company officers (5)
- Workplace Health and Safety Law (5)
- Torts (3)
- Work Health and Safety Act 2011 (3)
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- Religion and Law (2)
- Breach of Statutory Duty (1)
- Due Diligence (1)
- Eweida (1)
- Freedom of Religion (1)
- Industrial Court of NSW (1)
- John Holland v Industrial Court; OHS Act 2000 (1)
- Kirk (1)
- Ladele (1)
- Nervous shock (1)
- OHS Act 1983 (1)
- Personal liability of company officer (1)
- Psychological harm (1)
- Volunteers and safety (1)
- Work Health and Safety Act (1)
- Workers Compensation Act 1987 (NSW) s 151P (1)
- Workplace Health and Safety Bill (1)
Articles 1 - 15 of 15
Full-Text Articles in Law
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 …
Decision In Eweida, Ladele Etc Appeal, Neil J. Foster
Decision In Eweida, Ladele Etc Appeal, Neil J. Foster
Neil J Foster
A brief overview of the recent decision of the European Court of Human Rights on freedom of religion in the UK.
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.
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.
Update On The National Work Health And Safety Harmonisation Process, Neil J. Foster
Update On The National Work Health And Safety Harmonisation Process, Neil J. Foster
Neil J Foster
Describes the current stage of implementation of the new model Work Health and Safety Act 2011 around Australia.
New Workplace Safety Laws And Church Volunteers, Neil J. Foster
New Workplace Safety Laws And Church Volunteers, Neil J. Foster
Neil J Foster
Will church volunteers face jail under tough new OHS laws? Has this nefarious legislation stripped ordained ministers of their centuries-old status as “servants of God”? Yes to both, if you believe Imre Salusinszky’s article in The Australian (Jan 18, 2012). In fact neither proposition is true.
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.
Occupational Health And Safety Prosecutions: John Holland Pty Ltd V Industrial Court Of Nsw, Neil J. Foster
Occupational Health And Safety Prosecutions: John Holland Pty Ltd V Industrial Court Of Nsw, Neil J. Foster
Neil J Foster
This note considers the decision of the NSWCA in John Holland Pty Ltd v Industrial Court of NSW, and the ongoing impact of the Kirk decision on OHS prosecutions in NSW.
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 …
Note On Kirk V Industrial Relations Commission Of New South Wales [2010] Hca 1 (3 Feb 2010), Neil J. Foster
Note On Kirk V Industrial Relations Commission Of New South Wales [2010] Hca 1 (3 Feb 2010), Neil J. Foster
Neil J Foster
This decision of the Full Bench of the High Court has cast into some doubt the interpretation of the NSW Occupational Health and Safety Act 2000, and throws a shadow over the continuing work of the Industrial Court of NSW in this important area of law.
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.
Nsw Court Of Appeal: Is Public Liability Created Under Oh&S Legislation?, Neil J. Foster
Nsw Court Of Appeal: Is Public Liability Created Under Oh&S Legislation?, Neil J. Foster
Neil J Foster
Case note on a recent decision of the NSW Court of Appeal dealing with civil liability for breach of OHS legislation.