Tooma's Annotated Work Health and Safety Act 2011
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By: Michael Tooma
Tooma's Annotated Work Health and Safety Act 2011 Second Edition provides an authoritative and easy-to-navigate, annotation of the national work health and safety (WH&S) law in Australia. In this precise annotation of the uniform WH&S law, leading practitioner and experienced author, Michael Tooma, uses the New South Wales enactment of the model legislation as his basis, with comparative tables referencing the law in other jurisdictions. Through his authoritative, section-by-section commentary, and analysis of the new duties and obligations, the author shares his insights into the how the national WH&S regime is developing. Michael Tooma draws on the latest case law to update the work with key developments since commencement of the uniform WH&S regime in 2011. These include decisions relating to: New interpretations of how the duty to workers interacts with the duty to others. Application of the general duty including a record penalty Horizontal consultation obligation Definition of officer Regulatory powers under s. 155 and s. 171 Judgements considered include WorkSafe v Rowson, DPP v Kidman, Kenos Contractors, Boland v TAPS, Perilya v Nash, Hunter Quarries, and the Al-Hassani case. For practitioners advising employers, or WH&S professionals in an office, project, factory, shop or store, this work is the go-to resource. Tooma's Annotated Work Health and Safety Act 2011 Second Edition equips practitioners and WHS professionals with the material required to understand and implement compliant WHS strategies, and to litigate on WHS issues in the courtroom.
AI Overview
"Tooma's Annotated Work Health and Safety Act 2011" by Michael Tooma is a comprehensive legal resource that provides an authoritative and easy-to-navigate annotation of the national work health and safety (WH&S) law in Australia. Here is a detailed overview of the book:
Key Themes
National WH&S Law: The book focuses on the national uniform WH&S law, using the New South Wales enactment of the model legislation as its basis. It includes comparative tables referencing the law in other jurisdictions, providing a broad understanding of the national WH&S regime.
Section-by-Section Commentary: The book offers a detailed, section-by-section commentary on the WH&S Act 2011. This commentary includes analysis of the new duties and obligations under the Act, helping readers understand how the national WH&S regime is developing.
Case Law Updates: The author draws on the latest case law to update the work with key developments since the commencement of the uniform WH&S regime in 2011. This includes decisions related to new interpretations of how the duty to workers interacts with the duty to others, application of the general duty, horizontal consultation obligations, and definitions of officers.
Regulatory Powers: The book covers regulatory powers under sections 155 and other relevant provisions, providing insights into how these powers are exercised in practice.
Plot Summary
The book is structured as an annotation of the WH&S Act 2011, with each section of the Act thoroughly explained and analyzed. It includes:
- Introduction: Sets the context for the national WH&S regime and its significance.
- Section-by-Section Commentary: Detailed explanations of each section of the Act, including new duties, obligations, and regulatory powers.
- Case Law Updates: Incorporates recent court decisions to illustrate how the law is being interpreted and applied.
- Comparative Tables: References to how the law is applied in different jurisdictions, providing a comparative perspective.
Critical Reception
While specific reviews of the book are not provided in the search results, the book is widely recognized as an authoritative resource in the field of work health and safety law in Australia. The second edition, published in 2017, is particularly noted for its comprehensive updates and annotations, making it a valuable tool for practitioners, academics, and anyone involved in WH&S.
Edition Details
The book is available in its second edition, published by Thomson Reuters (Professional) Australia Ltd in 2017. It includes an index, a table of cases, and a table of statutes, making it a practical and useful resource for those needing to navigate the complexities of Australian WH&S law.