Credit Points 10

Coordinator Jonathan Adamopoulos Opens in new window

Description This subject aims to provide students with advanced and integrated understanding of how the law protects workplace safety in Australia by introducing the work health and safety regulatory framework and its underlying policy and history impacts on First Nations peoples. Students will also examine issues surrounding enforcement and compliance and corporate governance in the safety context. Other topics include workers compensation and employment law.

School Law

Discipline Business and Commercial Law

Student Contribution Band HECS Band 4 10cp

Check your HECS Band contribution amount via the Fees page.

Level Postgraduate Coursework Level 5 subject

Pre-requisite(s) LAWS 7072 Torts Law

Incompatible Subjects LAWS 3072 Work Health and Safety Law

Restrictions

Students must be enrolled in program Juris Doctor (2826) to register in this subject.

Learning Outcomes

1. Critically evaluate the regulatory framework of work health and safety (WHS) and the effectiveness of WHS regulation in Australia from different employers' and employees' perspectives, including First Nations peoples.
2. Distinguish between the various means in which the law ensures workplace safety, the relationship between workplace safety and terms of employment.
3. Analyse the duties of employers, employees, directors and managers, the availability of defences in the event of a breach, consequences of contravening WHS duties and distinguish various penalty options.
4. Provide legal advice to clients on WHS issues in a commercial context.

Subject Content

1. Contextual background and historical development of WHS law, including the specific experience of First Nations workers
2. Workplace safety and the common law
3. Workplace safety and employment law
4. Duties of employers to employees and other persons in the workplace
5. Other statutory duties under the Work Health and Safety Act 2011 (NSW)
6. The Commonwealth WHS scheme
7. Defences
8. Obligations under the Work Health and Safety Regulation 2011 (NSW)
9. Workplace consultation and codes of practice
10. Enforcement
11. Penalties and remedies
12. Workers' compensation and rehabilitation