The Federation Press

Occupational Health and Safety Law in Victoria

Overview

The third edition of this authoritative book has been comprehensively rewritten to take account of the recommendations of the Maxwell Review and of the Occupational Health and Safety Act 2004.

The core legislative provisions, together with relevant court and tribunal decisions, codes of practice, and administrative practices, are analysed in detail. Relevant provisions are also located in their national and international contexts.

There is also detailed consideration of the impact of Commonwealth workplace relations and OHS laws.

This new edition will be essential reading for occupational health and safety professionals and legal practitioners, both in Victoria and elsewhere in Australia. It will also be of great interest to teachers and students in occupational health and safety, labour law and related law courses, human resource management, industrial relations, political science, public administration, business and economics.

The text of the 2004 Act is reproduced in full, together with samples of relevant forms and notices.

Reviews

Now in its third edition, Occupational Health & Safety Law in Victoria makes a significant contribution to understanding the problem [of workplace injury, ill-health and death], how it is regulated, and the benefits and shortcomings of the current regulatory system in Victoria.
... The authors are experts in both the theory and practice of OHS law and must be commended for the thoroughness and cogency of their analysis.
Although they focus on Victorian law, the authors make useful comparisons with the law in other Australian jurisdictions and in Britain. This contributes to a fuller understanding of the area.
The book also deals effectively with the increasingly important and sometimes difficult question of Commonwealth-state relations in this area of labour law. The authors engage throughout in a robust analysis of the law and its administration, explaining clearly where, in their view, there are shortcomings and what might be done about them.
... This book will be invaluable to those who practise in the area and is highly recommended reading for anyone interested in OHS law and labour law generally. - Law Institute Journal (Victoria), October 2007

Reviews of the 2nd edition

The authoritative source on occupational health and safety law in Victoria. - Labour & Industry

The text is written in non-technical language and provides a down-to-earth commentary on problems which may arise under the legislation. - Law Institute Journal of Victoria

A clarity of prose not often encountered in legal books. - Southland

A welcome edition for legal practitioners working in the area, not only in Victoria but throughout Australia. - Ethos

Table of Contents

The context
Objects and approaches to Statutory Interpretation of the legislation
Administration
Standard-setting
The general duties – key concepts
General duty of employers to employees
The other general duties
Administrative enforcement
Criminal enforcement
Personal liability
Health and safety representatives
Health and safety committees
Victimisation
Right of entry for OH&S purposes
Application to the Crown

Appendices:
1. Occupational Hatlth and Safety Act 2004 (Vic)
2. List of Regulations
3. List of Compliance Codes
4. Entry Report Form
5. Non-disturbance Notice Form
6. Improvement Notice Form
7. Prohibition Notice Form
8. Application for Have an inspector's Decision Internally Reviewed Form
9. Worksafe Compliance fn Enforcemtn Policy: Incorporating the General Prosecution Guidelines

Table of Cases/ Table of Statutes/ Subordinate Legislation/ Bibliography/ Index

Of interest...