OH&S: New Law and Developments
Health and safety at work has never been more important than at the moment. Stay right on the pulse of the occupational health and safety legislative reforms in Victoria plus the big issues that are not going away. Analyse the new labour hire reforms and the impact on workplace safety rights and protections. Examine the challenges faced in the ride sharing gig economy. And finally, take a look at the current state of the law regarding vaccinations in Victoria. WEB223V29
Description
Attend and earn 3 CPD units in Substantive Law
This program is based on VIC legislation
Chair: Elizabeth Aitken, National Head of Workplace Relations & Safety, SLF Lawyers
2.00pm to 3.00pm New OHS Legislation in Victoria: The Labour Hire Reforms
Analyse the new reforms in the Occupational Health and Safety and Other Legislation Amendment Bill 2021 and the subsequent impact on workplace safety rights and protections, including:
- Stronger employer accountability
- Efficient enforcement processes
- Renewed definition of ‘employer’ and ‘employee’
- Discrimination protection
- Contractual obligations
- Employer’s liability
Presented by Chris Molnar, Partner, Kennedys; Recommended Lawyer for Dispute Resolution: Litigation, The Legal 500 Asia Pacific 2021
3.00pm to 4.00pm Rising to the Challenges of OHS in the Delivery and Ride Sharing Gig Economy
- The status of the worker: employee/sub-contractor/self-employed
- The status of the vehicle: A workplace, why?
- The status of the principal: employer/PCBU/management and control of the workplace
- The extent to which reasonable practicability informs the steps that ride share/delivery (food) can take
- Director’s/officer’s liability
- Reasonable steps, did not know and could not have known (all jurisdictions but Victoria)
- Liability as a principal offender or derivative liability under s.144 OHSA (Victoria)
Presented by Robert Taylor, Barrister, List L Ground Floor Barristers, Preeminent Workplace Health and Safety Junior Counsel, Doyle’s Guide 2021
4.00pm to 4.15pm Afternoon Tea
4.15pm to 5.15pm The Application of Mandatory Vaccinations in Victoria
- The current state of the law on mandatory workplace vaccination
- Providing a COVID Safe work environment
- Problems and solutions
- What the future looks like for mandatory COVID-19 vaccination
Presented by Alison Baker, Partner, Hall and Wilcox; Recommended Workplace Health & Safety Lawyer, Doyle’s Guide 2021
Presenters
Elizabeth Aitken
Liz is experienced in commercial, employment, IR and workplace safety law. She handles the full range of employment-related claims, including unfair dismissal, adverse action, discrimination, workplace bullying, sexual harassment and underpayment, and advises on all workforce management issues including management of sick, injured and underperforming workers, workplace investigations, the application of industrial instruments such as modern awards and enterprise agreements, transfers of business, restraints of trade, work health and safety, workers compensation and sham contracting. She routinely prepares contracts to regulate employment, independent contracting and other labour arrangements.
Robert Taylor
Robert practices in a range of areas that have as a common theme the regulation and control of Industries and Corporations. He has been involved in advising significant investigations for various regulatory bodies. Cases of significance have included the representation of multinationals and government agencies involved in environmental incidents and shipping collisions involving loss of life at sea. Robert has appeared for the Chief Commissioner of Police in Coronial proceedings involving deaths in custody and police shootings and high speed pursuits. Robert is listed in the Doyle's Guide 2019 for Leading Victorian Employment and WHS Junior Counsel. Robert was recognised as Preeminent Workplace Health and Safety Law Junior Counsel for 2020 and 2021.
Chris Molnar
Chris Molnar is a workplace relations partner at Kennedys. He has practised in the area of workplace relations for over 25 years. He has extensive experience and knowledge in industrial relations, employment law, occupational health and safety, and discrimination. Chris is accredited as a specialist in Workplace Relations by the Law Institute of Victoria. He was the recipient of the prestigious President’s Award in 2009 from the Law Institute of Victoria for his contribution to the specialisation scheme. In 2016 he was awarded the LIV Rogers Legal Writing Award for the best contribution in 2015 to the Law Institute Journal. Chris has acted for individuals, corporations and public sector agencies in a wide range of areas.
Alison Baker
Alison has more than 20 years’ experience in a wide-ranging employment practice, advising private sector and public sector clients on all aspects of employment, industrial relations and human resources law, and work health and safety law. She also advises private and public sector organisations on the application of privacy legislation. Alison has been recognised in The Best Lawyers in Australia in employee benefits law every year since 2014 and as a recommended employment lawyer in Victoria in Doyle’s Guide to the Australian Legal Profession and the 2020 edition of the Legal 500 Asia Pacific. She has been a finalist in 2016 and 2017 for the Lawyers Weekly Partner of the Year Awards, Workplace Relations.