Chapter heading 1

Part 2

DUTIES OF CARE

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  Principles, common features and structure
  
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  ‘Reasonably practicable’ and risk management
  
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  The primary duty of care
  
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  Specific classes of duty holders
  
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  Duties of officers
  
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  Duties of care owed by workers and others
  

Chapter 4: Principles, Common Features and Structure

1. 
   This part of the report provides discussion and recommendations on specific duties of care to be included in the model Act.
   

Interpretive principles applicable to all duties of care

2. 
   In making our recommendations, we are concerned that the model Act provides for:
   

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  as broad a coverage as possible, to ensure that the duties of care deal with emerging and future hazards and risks and changes to work and work arrangements;
  
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  clarity of expression, to ensure certainty in the identification of the duty holders and that they can understand the obligations placed upon them; and
  
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  the interpretation and application of the duties of care consistent with the protection of health and safety.
  

3. 
   We accordingly propose that the model Act include a set of principles, which will, amongst other things, guide duty holders, regulators and the courts on the interpretation and application of the duties of care.
   
4. 
   This is a matter that falls outside the scope of clause 12 of our terms of reference and will be dealt with in greater detail in our second report. Given the significance of these interpretive principles to the understanding of the duties of care, we note briefly the proposed principles:
   

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  Duties of care are imposed on those who are involved in, materially affect, or are materially affected by, the performance of work.
  
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  All duty holders (other than workers, officers and others at the workplace) must eliminate or reduce hazards or risks so far as is reasonably practicable.
  
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  Workers and other individuals at the workplace must co-operate with persons conducting businesses or undertakings at the workplace, to assist in achievement of the objective of elimination or reduction of hazards or risks and must take reasonable care for themselves and others.
  
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  Officers must pro-actively take steps to ensure the objective of elimination or reduction of hazards or risks is achieved within their organisation.
  

5. 
   We consider that s.4 of the Vic Act provides a useful example of a statement of principles of this nature. The principles stated above are, however, more extensive as they relate to the roles of all duty holders.