Posts: WHS Act

In a recent decision involving a forklift fatality, the District Court of New South Wales has cautioned growing businesses of the need to ensure that their WHS systems are adequate for the size of the business and the type of work being performed.

In 2010, the model Work Health and Safety Act was endorsed, followed by the model WHS Regulations and model Codes of Practices. Other than Victoria, most Australia State and Territories have now adopted the model WHS laws in their jurisdictions.

When setting a penalty for breaches of work health and safety obligations, the Courts will look at the need for specific deterrence against the offender and also the need for general deterrence for employers and the particular industry.