LAWS5029

Workplace Health and Safety Law

10 Units 5000 Level Course

Available in 2014

Callaghan Campus Semester 2

Previously offered in 2012, 2010

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.

Objectives Upon 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.
Content Topics 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
Transition This course is not available to students who have completed LEGL2007.
Industrial Experience 0
Assumed Knowledge Completion of Legal System and Method, Torts, Criminal Law, and Contracts.
Modes of Delivery Internal Mode
Teaching Methods Case Study
Problem Based Learning
Lecture
Seminar
Assessment Items
Examination: Open Book
Essays / Written Assignments Research Essay
Presentations - Class Presentation of Problem question in seminar
Contact Hours Seminar: for 1 hour(s) per Week for Full Term
Lecture: for 2 hour(s) per Week for Full Term
Compulsory Components
Requisite by Enrolment Bachelor of Laws,
Bachelor of Laws/Diploma of Legal Practice,
Bachelor of Aboriginal Studies/Bachelor of Laws
Bachelor of Arts/Bachelor of Laws
Bachelor of Business/Bachelor of Laws
Bachelor of Commerce/Bachelor of Laws
Bachelor of Communication/Bachelor of Laws
Bachelor of Science/Bachelor of Laws
Bachelor of Social Science/Bachelor of Laws
Timetables 2014 Course Timetables for LAWS5029