76087 Workplace Health and Safety Law
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Credit points: 6 cp
Result type: Grade and marks
Requisite(s): 70211 Contracts AND 70311 Torts
These requisites may not apply to students in certain courses.
There are course requisites for this subject. See access conditions.
Description
Changing work practices and the increasing use of technology pose numerous challenges for creating safe working environments. These challenges impact upon employers, directors, management, employees, governments, independent contractors and the self-employed. Lawyers working in policy, private practice, the Courts and business have a vital role to play in ensuring that people are safe in the work they do.
In this subject students examine the key principles of Australian workplace health and safety legislation, as well as the principles of tort, contract, criminal and employment law pertaining to workplace health and safety. The classes are interactive and include guest presentations by legal and work health and safety practitioners.
Through collaborative in-class activities, case discussion and legal advices, students develop practical skills in researching and applying the relevant rules of work health and safety law to advise hypothetical clients of their rights and options. Students also evaluate the effectiveness of Australia's current work health and safety laws and the scope for law and policy reform.
Subject learning objectives (SLOs)
Upon successful completion of this subject students should be able to:
| 1. | Articulate and critically analyse the development of the key legislation and general law principles governing work health and safety in Australia |
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| 2. | Apply relevant legislative rules and general law principles to clearly communicate solutions to legal problems involving the rights and liabilities of workers, employers and contractors in relation to work health and safety and provide written advices to hypothetical clients |
| 3. | Critically evaluate the adequacy of Australia’s current framework of work health and safety law, and where relevant the scope for the reform |
| 4. | Identify and evaluate appropriate legal information resources to assist in resolving practical legal problems involving work health and safety law matters |
Course intended learning outcomes (CILOs)
This subject also contributes specifically to the development of the following graduate attributes which reflect the course intended learning outcomes:
- Critical Analysis and Evaluation
A capacity to think critically, strategically and creatively, including the ability to:
a. Identify and articulate legal issues in context, including the skill of critical reading and writing;
b. Apply reasoning and research to generate appropriate responses;
c. Engage in critical analysis and make a reasoned choice amongst alternatives; and
d. Think creatively in approaching legal issues and generating appropriate responses. (LAW.3.1) - Research skills
Well-developed cognitive and practical skills necessary to identify, research, evaluate and synthesise relevant factual, legal and policy issues. (LAW.4.1) - Communication
Effective and appropriate communication skills including:
a. Highly effective use of the English language to convey legal ideas and views to different and diverse audiences and environments;
b. An ability to communicate to inform, analyse, report and persuade;
c. An ability to strategically select an appropriate medium and message;
d. An ability to assess how messages are received and alter communication strategies accordingly; and
e. An ability to be responsive and adaptive to the perspectives of collaborators, clients, counter parties and others. (LAW.5.1)
Teaching and learning strategies
Strategy 1: Preparation
By completing readings and preparatory work prior to each class, students establish a strong foundational understanding of key issues and controversies of workplace health and safety law. Preparation allows students to better engage with complex content. As part of preparation, students are required to respond to questions prior to class. Students receive ongoing feedback on their understanding of core concepts by active participation in class discussion, which involves engaging with the teacher and peers.
Strategy 2: Collaborative learning through interactive engagement
Collaborative learning is an important and useful strategy to build upon a student’s foundational understanding obtained via class preparation. Seminars in this subject emphasise an interactive approach driven by group discussion of topics pertinent to workplace health and safety law.
In addition, students are required to undertake presentations in class on assigned readings. This allows students to engage in ‘flipped’ learning by leading the class on their assigned readings. Students improve their oral communication skills as well as demonstrate their ability to synthesise relevant material coherently and clearly. Students are encouraged to engage with peers on their assigned presentation, responding to questions and defending their understanding of the law.
Strategy 3: Active learning through small group activities, class discussion and short foundational lectures
In every class, students will be required to participate and engage with small group activities driven by hypothetical problems and discussion questions. These activities are intended to encourage students to synthesise and apply their understanding of preparatory material. Larger class discussion will drive debate and foster individual reflection on live issues. Active learning will be further encouraged via online exercises involving small group discussion and responding to short answer conceptual questions.
A series of concise conceptual lectures will be developed to explain key concepts underpinning each week’s class. The lectures will include slides and targeted reading material. By providing short, targeted lectures, students are pushed to reflect on key concepts, rather than dwell on extensive theoretical material.
Strategy 4: Feedback
Students receive regular feedback, both informally and formally. Informal feedback is provided throughout the session via class discussion, online discussion and upon request, from teachers and peers. Formal feedback is provided via assessment. Regular and meaningful feedback is essential to ensuring students improve their understanding and ability to learn throughout the session, accelerating both their learning and style of learning.
Subject delivery
One three hour seminar each week.
Content (topics)
- Development of WHS law in Australia
- The Work Health and Safety Act 2011 (NSW)
- WHS and the contract of employment
- WHS and tort law
- WHS and security risk management
- Workers compensation
- WHS incident response
- Investigation and prosecution of WHS breaches
- WHS and anti-discrimination law
Assessment
Assessment task 1: Class Participation
| Objective(s): | This task addresses the following subject learning objectives: 1, 2 and 4 This task contributes specifically to the development of the following graduate attributes: LAW.3.1, LAW.4.1 and LAW.5.1 |
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| Weight: | 20% |
| Length: | 500 words (equivalent) |
| Criteria: |
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Assessment task 2: Legal advice assignment
| Objective(s): | This task addresses the following subject learning objectives: 1, 2 and 4 This task contributes specifically to the development of the following graduate attributes: LAW.3.1, LAW.4.1 and LAW.5.1 |
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| Weight: | 30% |
| Length: | 1,500 words |
| Criteria: |
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Assessment task 3: Research essay
| Objective(s): | This task addresses the following subject learning objectives: 1, 3 and 4 This task contributes specifically to the development of the following graduate attributes: LAW.3.1, LAW.4.1 and LAW.5.1 |
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| Weight: | 50% |
| Length: | 1,900 words |
| Criteria: |
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Required texts
Neil Foster Workplace Health and Safety Law in Australia (LexisNexis Butterworths, 2nd ed 2016)
Recommended texts
R. Johnstone and M. Tooma Work Health and Safety Regulation in Australia (Federation Press, 2022)
M. Tooma Safety, Security, Health and Environental Law (Federation Press, 3rd ed 2019)
R. Johnstone, E. Bluff and A. Clayton Work Health and Safety Law and Policy (Law Book Co, 3rd ed 2012)
R. Johnstone and M. Tooma Work Health and Safety Regulation in Australia: The Model Act (Federation Press, 2012)
C. Dunn Australian Master Work Health and Safety Guide (CCH, 2014)
M.Tooma Tooma's Annotated Work Health and Safety Act 2011 (Thomson Reuters, 2017)
C. Dunn Annotated Australian Work Health and Safety Legislation (Wolters Kluwer, 2017)
C. Dunn Planning Work Health and Safety: An Introduction to Best Practice (CCH, 2012)
R. Payant Emergency Management for Facility and Property Managers (McGraw Hill, 2016)
R. Sarre The Law of Private Security in Australia (Thomson Reuters, 2nd ed, 2009)
E. Smith Workplace Security Essentials: A Guide for Helping Organisations Create Safe Work Environments (Butterworth-Heinemann, 2014)