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Issue 386 - 5 December 2013

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Death toll climbs again
Legal loophole quashed
Unions reject Qld's WHS changes
Australia can do better
Comcare moratorium lifted
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Commonwealth HSR Bridging Course
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Legal loophole quashed

Legislation ensuring work health and safety (WHS) prosecutions aren’t thrown out on a technicality has passed the New South Wales parliament.

As reported in an earlier e-bulletin The Work Health and Safety Amendment Bill 2013 was introduced into parliament last month.

The bill has now passed both houses without amendments.

It clarifies that the District and Local Courts have jurisdiction over WHS prosecutions brought under the repealed Occupational Health and Safety (OHS) Act 2000.

The OHS Act 2000 was repealed and replaced with the Work Health and Safety (WHS) Act 2011 in January 2012.

The bill also clarifies the validity of the WHS Regulations 2011 and that proceedings may be brought and prosecuted by a legal practitioner representing a WorkCover inspector or the regulator.

The District Court’s jurisdiction and the other matters had been challenged in the courts. The amendments aim to prevent such challenges in the future.

For more details, visit the legislation


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