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Tag: Due Diligence

  • Scaffolding, high winds, and director liability—The NSW Industrial Court ruling in SafeWork NSW v Ausino Group

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    Drew McGiffert
    1,082 words
    5–7 minutes

    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…

  • The Insurance Loophole That Undermined Personal Deterrence

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    Drew McGiffert
    1,195 words
    5–8 minutes

    The primary objective of a work health and safety prosecution is deterrence. Penalties are legally designed to punish offenders and signal to industry that non-compliance carries severe consequences. South Australian prosecution of Hillman v Ferro Con (SA) Pty Ltd (in liquidation) and Anor [2013] SAIRC 22 has exposed an ethical and legal controversy that completely…

  • Ignorance is no excuse

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    Drew McGiffert
    425 words
    2–3 minutes

    Whilst not all Australian Standards are referenced in legislation there is an expectation that a business owner will become aware of and comply with the Standards that apply to their operations, as a NSW business owner recently found following the death of a patron.