Workplace Health and Safety Law

Course code LEGL2007Units 10Level 2000Faculty of Business and LawNewcastle Law School

This course gives students an understanding of the impact of the legal and regulatory system on health and safety in the workplace. It includes consideration of workplace management issues as they impact on and are affected by WH&S issues. Topics covered include: an introduction to the employer/employee relationship; Tort Liability: Negligence, Breach of Statutory Duty; The "Work Health & Safety Act 2011 (NSW)" and related legislation; an introduction to the principles of Workers' Compensation; issues in litigation and WH&S and anti-discrimination laws.

Not available in 2015

ObjectivesThe objectives of this course are that by the end of the course students should be able to:

1. describe the common law requirements which relate to workplace health and safety, and their relationship to the contract of employment;

2. demonstrate a critical understanding of the relevant statutory requirements with particular emphasis on the Work Health & Safety Act 2011 (NSW);

3. discuss the concepts of negligence and liability in relation to workplace health and safety;

4. discuss the remedies available for breaches of legal standards;

5. demonstrate an understanding of the general principles of workers compensation and of the scheme of legislation applying in NSW;

6. appreciate some of the issues raised by other workplace laws such as those relating to discrimination as they relate to this area.
ContentTopics covered are:

1. An introduction to the employer/employee relationship

2. Tort Liability: Negligence; Breach of Statutory Duty

3. The Work Health & Safety Act 2011 (NSW)

4. Related WH&S 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)n/a
Industrial Experience0
Assumed KnowledgeLEGL1001 Foundations of Law
Modes of DeliveryDistance Learning : IT Based
Teaching MethodsLecture
Assessment Items
Essays / Written AssignmentsOne assignment
Examination: FormalOpen book formal examination
Presentations - ClassSeminar Presentation
Contact HoursSeminar: for 1 hour(s) per Week for Full Term
Lecture: for 2 hour(s) per Week for Full Term