Workplace Health and Safety Law

Course code LAWS5029Units 10Level 5000Faculty of Business and LawNewcastle Law School

The legal and regulatory system has a decided impact upon on health and safety in the workplace. Workplace Health and Safety Law builds upon core legal skills and encourages critical and reflective engagement with the varying aims and techniques of WHS law and how the current law reflects social realities. Students have the opportunity to further develop essential problem solving and communication skills and improve legal research capabilities.

Topics covered include: the employer/employee relationship as it relates to workplace safety; advanced consideration of tort liability in the workplace, including Negligence and Breach of Statutory Duty; the Work Health & Safety Act 2011 (NSW) and related legislation; Workers' Compensation; issues in litigation and WH&S and anti-discrimination laws.

Not available in 2014

Previously offered in 2012, 2010
ObjectivesUpon successful completion of this course you will be able to:
1. Restate and describe the common law requirements which relate to workplace health and safety flowing from the contract of employment;
2. Recognise and review the concepts of negligence and other tort liability in relation to workplace health and safety;
3. Apply an evaluative understanding of the relevant statutory requirements with particular emphasis on the Work Health & Safety Act 2011(NSW);
4. Identify and interpret the remedies available for breaches of legal standards;
5. Relate the general principles of workers compensation and the scheme of legislation applying in NSW;
6. Evaluate some of the issues raised by other workplace laws such as those relating to discrimination as they relate to this area.
7. Employ essential problem solving skills to address legal issues.
8. Demonstrate effective oral and written communication skills.
9. Demonstrate the capability to engage in legal research.
ContentTopics in this course include the following:
1. The employer/employee relationship and WHS implications
2. Tort Liability: Negligence; Breach of Statutory Duty
3. The Work Health & Safety Act 2011 (NSW)
4. Related WHS legislation - State and Commonwealth
5. An introduction to the principles of Workers Compensation
6. Issues in Litigation
7. WH&S and anti-discrimination laws
Replacing Course(s)Not applicable
TransitionThis course is not available to students who have completed LEGL2007.
Industrial Experience0
Assumed KnowledgeCompletion of Legal System and Method, Torts, Criminal Law, and Contracts.
Modes of DeliveryInternal Mode
Teaching MethodsCase Study
Problem Based Learning
Lecture
Seminar
Assessment Items
Examination: Open Book
Essays / Written AssignmentsResearch Essay
Presentations - ClassPresentation of Problem question in seminar
Contact HoursSeminar: for 1 hour(s) per Week for Full Term
Lecture: for 2 hour(s) per Week for Full Term
Compulsory Components
Requisite by EnrolmentThis course is only available to students enrolled in the Bachelor of Laws and associated combined degree programs or the Bachelor of Laws (Honours) and associated combined degree programs.