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Full-Text Articles in Law
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.