Introduction
General principles applying to all duties Acquiring licences, registration and permissions Dealing with work health and safety issues Codes of practice Construction work Working from home, home offices and home base Additional protection for workers and others against discrimination, coercion, inducement and misrepresentation Notification of incidents and legal professional privilege Investigations Enforcement IndexFrancis Marks, known by everyone except his late mother as Frank,
recently retired after almost 20 years as a Judge of the Industrial
Relations Commission of NSW, where he spent some time hearing
prosecutions under the former NSW Occupational Health and Safety
Act. He previously practised as a solicitor for 30 years
specialising in labour law, insurance law and aviation law. He has
held lecturing positions at a number of universities, and is the
author of a number of legal texts. He is now practising as a
mediator and arbitrator, and is an Acting Judge in the District
Court of NSW.
Deborah Dinnen is a Barrister at 6 and 7 St James’ Hall Chambers,
Sydney. She specialises in employment and industrial law,
administrative law, human rights, and regulatory matters. Until she
was called to the Bar in March 2011, Deborah worked as a solicitor
at the Australian Government Solicitor, where she advised and
appeared for government departments and agencies in a broad range
of practise areas. Earlier in her career, Deborah was tipstaff to
her co-author, Frank Marks, when he was a judicial member of the
NSW Industrial Relations Commission. Deborah has extensive
experience in complex statutory interpretation and regularly
appears as an advocate in NSW and Federal Courts and Tribunals.
Lauren Fieldus is a practising solicitor at Wotton + Kearney,
specialising in Industrial Special Risks, Directors & Officers and
Professional Indemnity Insurance. Lauren advises insurance
companies on issues of indemnity and liability as well as assisting
in the resolution of disputes through mediation and court
processes. Before being admitted, Lauren was a tipstaff to
co-author Frank Marks, when he was a judicial member of the
Industrial Relations Commission. In this role, Lauren gained an
in-depth knowledge of the way courts interpret and enforce work,
health and safety legislation and the obligations imposed on those
who choose to operate their own business or undertaking.
The Honourable Frank Marks is one of the best-qualified persons I know to write a text on occupational health and safety law...Because the new laws have such a broad reach - affecting anyone who conducts a business or undertaking, officers of corporations, workers and customers and members of the public who may be present in a workplace - this book has wide appeal...The beauty of the book is that it is written in plain language by someone with years of practical experience and with an eye to what is important for those directly impacted by the legislation. - From the Foreword by Justice Roger Boland, President, Industrial Court of New South Wales A refreshingly practical and common sense overview of the new safety regime. The book dissects the many obligations and complex requirements of work health and safety law into easily understood pieces. The authors deliberately adopt the standpoint of participants in an enterprise who are charged with applying the new laws in practice. Therefore the target readership for the book are not other lawyers, but people who are more likely to be their clients. For this reason it is an excellent resource for all 'hands on' practitioners, but particularly human resource and safety managers in small and medium sized businesses. - Alex Bukarica, Director - Legal & Industrial, CFMEU Mining and Energy Division This text is lead authored by the Honourable Francis Marks, who was a judge of the Industrial Court of New South Wales for 19 years until his retirement in 2012. It is not primarily aimed at lawyers, but rather at those on the ground in governance, management and human resource roles within a workplace. In short, this book is what it says it is: a practical guide. It offers an easy-to-digest overview and a quick reference point for practitioners familiarising themselves with the new laws. Read full review... - Rebecca Crawford, Law Letter (Law Society of Tasmania) Autumn 2014
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