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The New Work Health and Safety Legislation: A Practical Guide

The New Work Health and Safety Legislation: A Practical Guide

Paperback

By (author) Francis Marks, By (author) Deborah Dinnen, By (author) Lauren Fieldus

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  • Publisher: Federation Press
  • Format: Paperback | 272 pages
  • Dimensions: 134mm x 208mm x 16mm | 340g
  • Publication date: 18 June 2013
  • Publication City/Country: Annandale, NSW
  • ISBN 10: 1862879141
  • ISBN 13: 9781862879140
  • Sales rank: 484,890

Product description

The new Work Health and Safety uniform laws impose extensive obligations on those who conduct a business or undertaking to ensure the safety of anyone who may be affected by the operation of the business or undertaking. These obligations are not confined to the safety of employees and will cover customers, members of the public and even trespassers across most of Australia. Directors and managers are particularly vulnerable under the new law. There are hundreds of provisions which create penalties, many of them criminal. Conviction will expose defendants to large fines, costs orders and in some cases imprisonment. Authored by the Hon Francis Marks, former Judge of the Industrial Court of New South Wales, and industrial law specialists Deborah Dinnen and Lauren Fieldus, this book describes obligations under the law in clear and concise language and explains what needs to be done to comply with them.

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Author information

Francis Marks, known by everyone except his late mother as Frank, recently retired after almost 20 years as a Judge of the Industrial Relations Commission of NSW, where he spent some time hearing prosecutions under the former NSW Occupational Health and Safety Act. He previously practised as a solicitor for 30 years specialising in labour law, insurance law and aviation law. He has held lecturing positions at a number of universities, and is the author of a number of legal texts. He is now practising as a mediator and arbitrator, and is an Acting Judge in the District Court of NSW. Deborah Dinnen is a Barrister at 6 and 7 St Jamesa (TM) Hall Chambers, Sydney. She specialises in employment and industrial law, administrative law, human rights, and regulatory matters. Until she was called to the Bar in March 2011, Deborah worked as a solicitor at the Australian Government Solicitor, where she advised and appeared for government departments and agencies in a broad range of practise areas. Earlier in her career, Deborah was tipstaff to her co-author, Frank Marks, when he was a judicial member of the NSW Industrial Relations Commission. Deborah has extensive experience in complex statutory interpretation and regularly appears as an advocate in NSW and Federal Courts and Tribunals. Lauren Fieldus is a practising solicitor at Wotton + Kearney, specialising in Industrial Special Risks, Directors & Officers and Professional Indemnity Insurance. Lauren advises insurance companies on issues of indemnity and liability as well as assisting in the resolution of disputes through mediation and court processes. Before being admitted, Lauren was a tipstaff to co-author Frank Marks, when he was a judicial member of the Industrial Relations Commission. In this role, Lauren gained an in-depth knowledge of the way courts interpret and enforce work, health and safety legislation and the obligations imposed on those who choose to operate their own business or undertaking.

Review quote

The Honourable Frank Marks is one of the best-qualified persons I know to write a text on occupational health and safety law...Because the new laws have such a broad reach - affecting anyone who conducts a business or undertaking, officers of corporations, workers and customers and members of the public who may be present in a workplace - this book has wide appeal...The beauty of the book is that it is written in plain language by someone with years of practical experience and with an eye to what is important for those directly impacted by the legislation. - From the Foreword by Justice Roger Boland, President, Industrial Court of New South Wales A refreshingly practical and common sense overview of the new safety regime. The book dissects the many obligations and complex requirements of work health and safety law into easily understood pieces. The authors deliberately adopt the standpoint of participants in an enterprise who are charged with applying the new laws in practice. Therefore the target readership for the book are not other lawyers, but people who are more likely to be their clients. For this reason it is an excellent resource for all 'hands on' practitioners, but particularly human resource and safety managers in small and medium sized businesses. - Alex Bukarica, Director - Legal & Industrial, CFMEU Mining and Energy Division This text is lead authored by the Honourable Francis Marks, who was a judge of the Industrial Court of New South Wales for 19 years until his retirement in 2012. It is not primarily aimed at lawyers, but rather at those on the ground in governance, management and human resource roles within a workplace. In short, this book is what it says it is: a practical guide. It offers an easy-to-digest overview and a quick reference point for practitioners familiarising themselves with the new laws. Read full review... - Rebecca Crawford, Law Letter (Law Society of Tasmania) Autumn 2014

Table of contents

Introduction General principles applying to all duties Acquiring licences, registration and permissions Dealing with work health and safety issues Codes of practice Construction work Working from home, home offices and home base Additional protection for workers and others against discrimination, coercion, inducement and misrepresentation Notification of incidents and legal professional privilege Investigations Enforcement Index