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Tag: Enforcement

  • Retrospective Analysis: The Collapse of the Ferro Con Premium Shield

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    by

    Drew McGiffert
    586 words
    2–4 minutes

    A structural review of our 2013 analytical draft on Hillman v Ferro Con (SA) Pty Ltd exposes a profound transformation in corporate governance. What was flagged over a decade ago as a “controversial loophole” and a “steady corporate trend” has been entirely systematically dismantled. Looking at the 2013 text through a modern investigative lens reveals…

  • Addressing Workplace Violence: The Landmark WorkSafe ACT Regulatory Precedent in Education

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    by

    Drew McGiffert
    852 words
    4–5 minutes

    Enforceable Undertakings (EUs) have historically been utilized to resolve physical, site-specific safety breaches, such as an industrial firm investing in physical infrastructure upgrades following a fall from height. However, a retrospective analysis of a landmark 2018 regulatory action by WorkSafe ACT reveals how the application of these enforcement mechanisms permanently expanded, establishing that systemic occupational…

  • The Insurance Loophole That Undermined Personal Deterrence

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    by

    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…

  • Difficulty identified with PIN notice review by Fair Work Commission

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    by

    Drew McGiffert
    392 words
    2–3 minutes

    Difficulties with the model WHS Act are already being encountered by the Fair Work Commission who recently found the regulator had no jurisdiction to review a PIN notice at the request of a HSR following an inspectors decision to remove the notice. Only the person who the notice was issued to has the right to…

  • Ignorance is no excuse

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    by

    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.