Author: Drew McGiffert
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Scaffolding, high winds, and director liability—The NSW Industrial Court ruling in SafeWork NSW v Ausino Group
The newly restored New South Wales Industrial Court has issued convictions against a principal contractor and its sole director, establishing that corporate officers cannot use a subcontractor’s technical expertise as a shield against personal safety obligations. In SafeWork NSW v Ausino Group Pty Ltd; SafeWork NSW v Sang [2026] NSWIC 18, handed down on 15…
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Federal Government provides $42.7 Million to lift paywall on Australian Standards
The Federal Government has announced a $42.7 million budgetary measure to make all legally mandated Australian Standards free to view. Delivered in the 2026–27 Federal Budget, the funding will provide ongoing grants to Standards Australia over the next four financial years. This will establish free public, read-only digital access to all standards referenced in Commonwealth,…
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The danger of reactive controls: The $78,000 SAET temporary edge protection failure
Listen to an audio overview of this article from the AI Generated ‘State of Safety Podcast‘ The South Australian Employment Court has penalised a principal residential and civil contractor, confirming that installing an unstable temporary safety barrier is a serious oversight that violates work health and safety laws. In Farrell v Arcon Architectural Construction Pty…
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Overriding the superior courts: The ACT Limitations Amendment and the Fatal Crisis Payment Mandate
The Australian Capital Territory Parliament has passed a major legislative reform package that fundamentally shifts the post-incident compliance landscape for employers and insurers. Through the formal passage of the Workplace Legislation Amendment Act 2025 (No 3), the territory has established a nation-first compulsory fatal crisis payment scheme. This legislative change forces businesses and their insurers…
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The Cost of Administrative Neglect: The SAET Decorative Ethanol Burner Precedent
The South Australian Employment Court (SAET) has penalized a prominent hospitality group, delivering a stark reminder that failing to operationalize manufacturer safety specifications or implement written safe operating procedures constitutes a severe breach of work health and safety laws. In Farrell v Winona Way Pty Ltd [2026] SAET 33, a hotel operator pleaded guilty to…
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The fallacy of the single individual: The $640,000 rail safety judgment and the collapse of monitored controls
The New South Wales judicial system has delivered a critical ruling confirming that a safety system whose success depends entirely on the continuous reliability of a single individual is inherently defective. In a major work health and safety decision, the court convicted Transport for NSW and applied a $640,000 fine under Section 32 of the…
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The weaponisation of invisible risks: Safe Work Australia unleashes the first national biological hazards code
Safe Work Australia has finalised the national model WHS Code of Practice, Managing the risks of biological hazards at work. This newly minted regulatory instrument stands as the first comprehensive, standalone biological risk framework established anywhere in the world. The finalised code permanently alters corporate risk profiling by removing infectious agents, microscopic pathogens, and environmental…