Legal test 2

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1. Statutory legal responses to safety 2. Workers Compensation 3. Reforms of WorkCover 4. WorkPlace Bullying
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Statutory legal responses to safety act
1. Work health and safety act 2011 (NSW)
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Health and safety act
a. Reversed the honus of proof in the OHS act and greater responsibility is placed on management b. Allows greater representation of employees Has been used recently in cases og breaches of human rights under Naru
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Article health and safety
a. highlighted in the Lawyers Weekly article “Legal bodies voice 'urgent need' for action on Nauru” 16/08/16
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H and S act 2
a. Occupation Health and Safety Act 2000 NSW i. Providing proper information, instruction and supervision ii. In a workplace of 20 or more, an OHS committee has to be established if the majority of employees request it
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Works compensation and injury management
The first legislation of the Workers Compensation Act 1987 (NSW) set greater emphasis on rehabilitation though it wasn’t until the Workplace Injury Management and Workers Compensation Act 1998 (NSW
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What act did?
i. Employers are obliged to develop a return to work program ii. Is administered by WorkCover
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Work cover responsiblities
a. Work cover is responsible for carrying out workplace inspections to ensure compliance with government legislation i. Increased protection and liability cover for 1. Loss of wages 2. Body part 3. Damage
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Work cover article
1. Workers compensation a 'tricky' legal scheme Lawyers Weekly 4th May 2016
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Reforms to work cover
a. Workers Compensation Legislation Amendment Act 2012 (NSW) i. The act diminishes rights o injured workers and the NSW Government has justified the changes on the basis of WorkCover running a $4billion deficit
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Work Cover effectiveness
i. The act can be proven to increase effectiveness and resource efficiency through releasing needs of business, whilst increasing legislation for protection of workers as note by the article
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Work cover article
i. Victims pay the price of changes to compo scheme SMH 2012” ii. Protects individuals by increasing the threshold for injury for lifetime by 30%
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Next act
i. State Insurance and Care Governance Act 2015 1. Focusing on deliveing a fairer, more sustainable compensation schemes with a focus on the injured person, not the process. 2. However, criticms
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Article insurance act
i. Workers compensation in NSW: Keeping up with the changes SMH 2015 1. Creates means through which representation, and access to the law becomes increasingly easier
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Workplace bullying
a. Fair Work Amendment Act 2013 i. Allows a worker who has been bullied to apply to the Fair Work Commission ii. Bullying in the workplace defined as an individual or group repeatedly behaves unreasonably towards a worker or group of workers
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a. The Fair Work Commission is not empowered to order reinstatement or the payment of compensation to the worker. If a person, or corporate entity, to whom an order applies contravenes that order, a court may impose a penalty on that person of 10200
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Bullying article
a. Preventing workplace bullying is an inside job (08/0816) Huffington Post i. The article argues that despite the success of the legislation, the culture in some workplaces can be very deep rooted. It is for the people involved to change, and theref
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Paragraph order
1. Dismissal legislation w. Fairwork protection 3. Areas of resolving conflict through FWO and FWC 4. Redundancy
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Statutory legal responses to safety act


1. Work health and safety act 2011 (NSW)

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Health and safety act


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Article health and safety


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H and S act 2


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