Health and Safety Law in Victoria
By: William Breen Creighton, Peter C. Rozen
This is an entirely re-written and greatly expanded edition of this standard text on occupational health and safety law in Victoria.As with previous editions, it contains a detailed examination of the principal OHS statute in Victoria - the Occupational Health and Safety Act 2004. It also describes and analyses relevant aspects of other legislation which impinges on OHS regulation - such as the provisions of the federal Fair Work Act 2009 dealing with protection against victimisation because of OHS-related activity and right of entry to workplaces for OHS purposes.Like its predecessors, the new edition makes extensive reference to OHS law and practice in other jurisdictions, and to relevant international labour standards, notably the International Labour Organisation's Occupational Safety and Health Convention 1981 (No 155) and Promotional Framework for Occupational Safety and Health Convention 2006 (No 187).Critically, the new edition locates the 2004 Victorian Act firmly in the context of the harmonised work health and safety regime which is enshrined in the model Work Health and Safety Act. Despite the fact that the Model Act was clearly based on the Victorian legislation, and is in force in most Australian jurisdictions, successive State Governments in Victoria have refused to sign up to the harmonised system.The authors clearly recognise, however, that it is impossible to understand or to apply the 2004 Act in isolation from the harmonised system. This is reflected in the inclusion of a lengthy chapter describing the evolution and substance of the harmonised system, and in the fact that all provisions of the 2004 Act are cross-referred to the parallel provision in the Model Act. Consequently, the fourth edition of Creighton & Rozen provides a valuable guide to the origins and substantive provisions of the harmonised legislation, as well as a detailed analysis of the Victorian system.The High Court in Deal v Kodakkathanath [2016] HCA 31 has taken an expansive view of the Occupational Health and Safety Regulations. In light of this case, this new edition of the book contains an expanded discussion of the civil breach of statutory duty action under the Occupational Health and Safety Regulations 2007 and 2017 which will be of interest to practitioners involved in work-related personal injury litigation.
AI Overview
Comprehensive Overview of "Health and Safety Law in Victoria" by William Breen Creighton and Peter C. Rozen
Key Themes
The book "Health and Safety Law in Victoria" by William Breen Creighton and Peter C. Rozen is a comprehensive text on occupational health and safety (OHS) law in Victoria, Australia. The key themes of the book include:
Regulatory Framework: The book provides an in-depth analysis of the Occupational Health and Safety Act 2004 (OHS Act) and the Occupational Health and Safety Regulations 2017, which are the primary laws governing workplace health and safety in Victoria.
Duties and Obligations: It explains the duties and obligations of employers, employees, and other stakeholders under the OHS Act and regulations, including the responsibilities for ensuring a safe working environment.
Commonwealth-State Relations: The authors discuss the complexities of Commonwealth-state relations in the context of OHS law, highlighting how different jurisdictions interact and influence each other’s regulatory frameworks.
Practical Guidance: The text offers practical guidance on how to comply with OHS laws, including specific requirements for managing high-risk activities, training, and handling hazardous materials like asbestos.
Comparative Analysis: The book includes comparative analyses with OHS laws in other Australian jurisdictions and Britain, providing a broader understanding of the subject matter.
Plot Summary
The book is structured to provide a thorough understanding of the OHS law in Victoria. It begins with an introduction to the regulatory framework, explaining the key principles and provisions of the OHS Act and regulations. The authors then delve into the duties and obligations of various stakeholders, including employers, employees, and contractors. The text also covers specific areas such as managing high-risk activities, training requirements, and handling hazardous materials like asbestos. The book concludes with a discussion on the administration of OHS laws, including enforcement mechanisms and the role of regulatory bodies like WorkSafe.
Critical Reception
The book has received positive reviews for its clarity, thoroughness, and practicality. Here are some excerpts from critical reviews:
Law Institute Journal (Victoria): "The authors are experts in both the theory and practice of OHS law and must be commended for the thoroughness and cogency of their analysis. The book will be invaluable to those who practise in the area and is highly recommended reading for anyone interested in OHS law and labour law generally." (October 2007).
Labour & Industry: "The authoritative source on occupational health and safety law in Victoria.".
Law Institute Journal of Victoria: "The text is written in non-technical language and provides a down-to-earth commentary on problems which may arise under the legislation.".
Southland: "A clarity of prose not often encountered in legal books.".
Ethos: "A welcome edition for legal practitioners working in the area, not only in Victoria but throughout Australia.".
Edition Details
The book is available in its fourth edition, which is an entirely re-written and greatly expanded version of the previous editions. The fourth edition is published by The Federation Press with the ISBN 978 1 76002 135 1.
Conclusion
"Health and Safety Law in Victoria" by William Breen Creighton and Peter C. Rozen is a seminal work in the field of occupational health and safety law. It provides a comprehensive and practical guide to understanding and navigating the complex regulatory landscape of OHS in Victoria. The book is highly recommended for legal practitioners, OHS professionals, and anyone interested in labor law and workplace safety.