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Safeguard OSH Solutions - Thomson Reuters

Safeguard OSH Solutions - Thomson Reuters



Health, Safety, and ACC

9.1 Introduction

9.1
Introduction
To fully understand the requirements the Health and Safety at Work Act 2015 (the HSW Act) it is important to understand the way the courts have interpreted the provisions of both the Health and Safety in Employment Act 1992 (the HSE Act) to date (where relevant) and the Australian Model Law. To some degree, those cases decided under the former legislation will not be of assistance with the new legislation. In other areas however, what the courts have said will still be of the utmost relevance. In addition, the jurisprudence of the Australian courts with respect to the Australian Model Law will be critical, even with the changes to the HSW Act made by the Select Committee process. English law is also of significance, albeit to a somewhat lesser degree.
The purpose of this chapter is therefore to briefly describe, from important court decisions, the meaning of common terms and concepts in the HSW Act. In particular, the courts’ interpretation clarifies the nature and extent of the duties of persons conducting businesses or undertakings (PCBUs), workers, and other persons who have rights and responsibilities under the legislation, as well as elucidating what certain crucial terms in the legislation, such as what is “reasonably practicable”, mean in practice.

From Health, Safety, and ACC

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