Australia's First Landmark Conviction for Reckless Conduct under Model WHS Laws
On 26 February 2018 Australia's first landmark conviction for reckless conduct under Model WHS laws was published. The company was convicted for failing to follow its own safety management plans which resulted in a workplace fatality. The company was fined $900,000 for reckless conduct. For more information see Stephen James Orr v Cudal Lime Products Pty Ltd; Stephen James Orr v Simon Shannon  NSWDC 27
(26 February 2018).
Notifiable Data Breaches Scheme
From 22 February 2018 amendments to the Privacy Act 1988
(Cth) require certain organisations and agencies to notify individuals affected by a data breach that is likely to result in serious harm to any individuals whose personal information is involved in the breach. Notification to the Office of the Australian Information Commissioner is also required. For more information see here
Labour Hire Providers
From 1 September 2018 all labour hire providers must be licensed. Online applications for a licence can be made from 1 March 2018. Trading without a licence will constitute an offence. It is also an offence to use an unlicensed provider. For further information see here
Amendments to the RTW Act Regulations with respect to Costs for s18 Applications
On 6 February 2018 the government Gazetted amendments to the RTW Act Regulations with respect to costs for s18 applications. In short, the changes make it clear that a worker who brings a s18 application is entitled to claim counsel fees as a disbursement and the capped amount of $2,464 (indexed) up to a pre hearing conference and thereafter 85% of the Supreme Court Scale. This is a significant change to the previous position. This change will have a significant impact on employers who are involved in s18 applications as they will be responsible for paying legal costs to the worker. The worker will be entitled to costs, unless the Tribunal orders the application was frivolous or vexatious. For further information contact us.