By Sagorika Platel (Associate) Unless you are self-insured, every employer in Victoria is subject to premiums associated with the statute based compulsory WorkCover Insurance Scheme. Every year, WorkSafe Victoria sets
By Sagorika Platel (Associate) and Matthew Healy (Law Student) Michael Nasr v Mondelez Australia Pty Ltd [2021] FWC 2802 (1 July 2021) On 1 July 2021, Deputy President Young of
By Sagorika Platel (Associate) and Marcus Di Blasio (Employment Lawyer) McLean v Workers’ Compensation Regulator [2021] QDC 22 On 24 February 2021, the District Court of Queensland dismissed an appeal
By Luisa Gonzaga (Partner) and Caitlin Dagher (Law Student) On 16 July 2020, the Fair Work Commission (FWC) dismissed an application made by a cleaner employed by Melbourne Health (Applicant)
By Luisa Gonzaga (Partner) and Julia Kerry (Law Student) A Telstra Manager (Worker) who injured herself during a work trip has had her claim for compensation rejected on the basis
Luisa Gonzaga (Partner) and Emma Bannister (Law Student) On 28 July 2020, the Occupational Health and Safety (COVID 19 Incident Notification) Regulations 2020 (VIC) (Regulations) came into effect. The enactment
This article provides a summary of a number of cases that deal with stand down, including entitlements during a stand down period. By Luisa Gonzaga (Partner) and Alexandra Gonos (Employer
On 11 June 2020, the District Court of Queensland handed down the first industrial manslaughter conviction under the Work Health and Safety Act 2011 (QLD) (WHS Act). Brisbane Auto Recycling
On 4 June 2020, the Work Health and Safety Amendment (Review) Bill 2019 (NSW) (Bill) was passed which introduces changes to the Work Health and Safety Act 2011 (NSW) (WHS Act). The amendments include
The Full Federal Court decision has reaffirmed the test of when an employee is engaged other than a casual employee. The decision in WorkPac v Rossato will have a significant impact for
The Workers Compensation Independent Review Service (WCIRS) commenced operation on 30 April 2020. The establishment of the WCIRS by WorkSafe Victoria (WorkSafe) was in response to the recommendation made by the Victorian Ombudsman following a review of how complex claims are being managed and decided by WorkSafe’s appointed authorised agents (Agents).
The new Workplace Manslaughter Offences (Manslaughter Law) will soon commence in Victoria.
Under the Manslaughter Law companies and its officers may be guilty of workplace manslaughter if their ‘conduct’ causes a workplace death. The maximum penalty under the Manslaughter Law is $16.5mil for body corporate and 20 years imprisonment for a natural person.
Volunteers are excluded from the Manslaughter Law.