Browsing: Jurisdiction (TAS)


Unsafe work practice causes seizure death 13 years later

An inquest into a man's death from a seizure has provided a stark reminder of the potentially devastating long-term consequences of poor workplace processes, including one practice that "should never occur in a controlled work environment".


Employer's car park found not to be part of workplace

Despite the fact that a worker's ankle injury occurred in his employer's VIP car park, a Tasmanian tribunal has found he was not at his "place of employment" and rejected his compensation claim.


Massage costs denied in Port Arthur PTSD case

A worker who developed post-traumatic stress disorder after being exposed to the Port Arthur massacre, more than 26 years ago, has been denied the costs of massage treatment, in a judgment examining the reach of injured workers' entitlements to medical expenses.


Q1 2022: Must-read legislation, caselaw and COVID review

The jailing of a business owner for industrial manslaughter, the commencement of a mirror WHS Act, legislative changes across most jurisdictions, and a host of judgments on work-related COVID matters, are just some of the issues covered by OHS Alert's first major review report of the year.


Injury-causing court duty linked to employment

A worker who was required by law, and her employment duties, to report disclosures of abuse to authorities, is entitled to workers' compensation for an injury she suffered from a court appearance, where she was "vigorously" cross-examined, a tribunal has ruled.


Consultation and labour-hire changes start; and more

  • New safety consultation and labour-hire laws commence in Vic;
  • Consolidated electricity safety laws introduced in Tas; and
  • Workers' comp changes proposed by Tas.

Bullying claim fails, employer complied with WHS duty

An employer's decision to prevent a worker from attending his favoured worksite was not bullying, but informed by legitimate safety concerns over his behaviour, a commission has found in rejecting his bid for anti-bullying orders.


Harassment-driven safety changes; New WHS Code; more

  • New harassment laws drive safety changes by ABCC;
  • New WHS Code covers forest fires and fatigue in Tas; and
  • WHS awards open in WA, with new category.

Govt employer fails to defeat football injury claim

An employer cannot avoid liability for the injuries sustained by a worker in a football game, with his colleagues, through a doctor's vague suggestion that the game was not work-related.


$1m award for workplace BBQ victim upheld by full bench

A full supreme court has upheld a $1 million-plus damages award to a workplace volunteer, after finding a WHS duty holder created a situation "fraught with risk and danger" that drove his failure to take reasonable care for his own safety.

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