Chapter heading 1

RECOMMENDATION 75 In light of our recommendations about who should bear the onus of proof in relation to reasonable practicability, the model Act should not provide for defences to prosecutions for non-compliance with duties of care.

Appendices

APPENDIX A – Bibliography

APPENDIX B – Submissions

Texts

Australian Bureau of Statistics, Persons Employed at Home (Cat. No. 6275.0), Australian Government, Canberra, 1995.

ABS, Characteristics of Small Business Australia, 1997 (Cat. No. 8127.0), Australian Government, Canberra, 1998.

ABS, Australian Social Trends 2000 (Cat. No. 4102.0), Australian Government, Canberra, 2000.

ABS, Locations of Work (Cat. No. 6275.0), Australian Government, Canberra, 2000.

ABS, Year Book Australia 2005 (Cat. No. 1301.0), Australian Government, Canberra, 2005.

ABS, Australian Industry 2005-06 (Cat. No. 8155.0), Australian Government, Canberra, 2006.

ABS, Australian Social Trends 2006 (Cat. No. 4102.0), Australian Government, Canberra, 2006.

ABS. Work-related injuries, Australia, 2005-06. Dec 2006.

ABS, Counts of Australian Businesses, including Entries and Exits, Jun 2003 to Jun 2007 (Cat. No. 8165.0), Australian Government, Canberra, 2007.

ABS, Australian Social Trends 2008 (Cat. No. 4102.0), Australian Government, Canberra, 2008.

ABS, Employee Earnings, Benefits and Trade Union Membership, Australia Aug 2007 (Cat. No. 6310.0), Australian Government, Canberra, 2008.

ABS, Health of Mature Age Workers in Australia: A Snapshot 2004-05 (Cat. No. 4837.0.55.001), Australian Government, Canberra, 2008.

ABS, Labour Force Sept 2008 (Cat. No. 6202.0), Australian Government, Canberra, 2008.

ABS, Year Book 2008 (Cat. No. 1301.0), Australian Government, Canberra, 2008.

Australian Law Reform Commission, Report 92, The Judicial Power of the Commonwealth: a Review of the Judiciary Act 1903 and Related Legislation, paragraph 22.44.

Australian Law Reform Commission, Principled Regulation: Federal Civil and Administrative Penalties in Australia, ALRC 95, 2002.

Australian Safety and Compensation Council (ASCC), Surveillance Alert: OHS and the Ageing Workforce, May 2005.

ASCC. Compendium of workers’ compensation statistics, Australia 2005-06. Australian Government, 2008.

ASCC. Work-related traumatic injury fatalities, 2005-06. Australian Government, 2008.

Bluff, J., Gunningham, N., & Johnstone, R. (Eds), OHS Regulation for a Changing World of Work, The Federation Press, Sydney, 2004.

Cowley, S., Else, D. & LaMontagne. A., Increasing the adoption of OHS risk controls in small business: can social marketing help to achieve change? Journal of Occupational Health and Safety Australia and New Zealand, Vol. 20(1), 2004, pp.69-77.

Creighton, B., Rozen, P., Occupational Health and Safety Law in Victoria, The Federation Press, NSW, 2007.

Department of Immigration and Citizenship, Subclass 457 Business Visa (Long Stay): State/Territory Summary Report 2008-09 Financial Year to 31 August 2008, Australian Government, Canberra, 2008.

Erez, E., Roeger, L. and O’Connell, M., Victim Impact Statements in South Australia, Australian Institute of Criminology, 1996

Flinders Consulting Pty Ltd, A Review of the Potential Occupational Health and Safety Implications of Nanotechnology: Final Report July 2006, DEEWR, Canberra, Australia, 2006.

Frazer, L., Weaven, S., & Wright, O., Franchising Australia 2008: Survey, Griffith University, Brisbane, 2008.

Greenstreet Berman Ltd., Building an evidence base for the Health and Safety Commission Strategy to 2010 and beyond: A literature review of interventions to improve health and safety compliance, Contract Research Report 196/1998, Health and Safety Executive, London, UK, 2004.

Gunningham, N., CEO and Supervisor Drivers: Review of Current Literature and Practice, NOHSC, Canberra, Australia, 1999.

Gunningham, N. & Johnstone, R., Regulating Workplace safety: Systems and Sanctions, Oxford University Press 1999, pp.262, 263.

House of Representatives Standing Committee on Employment, Workplace Relations and Workforce Participation, Making it Work: Inquiry into independent contracting and labour hire arrangements, Australian Government, Canberra, 2005.

Industry Commission, Work, Health and Safety: Inquiry into Occupational Health and Safety, (Report No 47), AGPS, Canberra, Australia, 1995.

James, P.,Johnstone, R., Quinlan, M. and Walters, D. (2007) Regulating supply chains for safety and health, Industrial Law Journal, 36(2), pp.163-187.

Johnstone R., ‘Rethinking OHS Enforcement’ in Bluff, E., Gunningham, N. & Johnstone, R. (eds), OHS Regulation for a Changing World of Work, The Federation Press, 2004, pp.146-178.

Law Reform Commission, New South Wales, Sentencing: Corporate Offenders, Report 102 (2003), Ch. 7

McCallum, R., Hall, P., Hatcher, A. & Searle, A., Advice in relation to workplace death, occupational health and safety legislation & other matters - Report to WorkCover Authority of NSW, 2004

National Occupational Health and Safety Commission (NOHSC), The Costs of Work-related Injury and Illness for Australian Employers, Workers and the Community, NOHSC, 2004.

Nossar, I., Johnstone, R. and Quinlan, M., ‘Regulating supply-chains to address the occupational health and safety problems associated with precarious employment: The case of home-based clothing workers in Australia’, Australian Journal of Labour Law, 2004, 17(2), pp.1-24

Parliament of Victoria Economic Development Committee, Final Report: Labour Hire Employment in Victoria, State of Victoria, 2005.

Productivity Commission (PC), National Workers’ Compensation and Occupational Health and Safety Frameworks, Productivity Commission Inquiry Report No 27, AGPS, Canberra, 2004.

PC, Research Paper: Potential Benefits of the National Reform Agenda – A report to the Council of Australian Governments, AGPS, Canberra, 2006.

PC, The Role of Non-Traditional Work in the Australian Labour Market, Australian Government, Canberra, 2006.

Quinlan, M., ‘Flexible Work and Organisational Arrangements’ in E Bluff et al (Eds), OHS Regulation for a Changing World of Work, The Federation Press, Sydney, 2004.

Quinlan, M., and Bohle, P., Under Pressure, Out of Control or Home Alone? Reviewing Research and Policy Debates on the Occupational Health and Safety Effects of Oursourcing and Home-Based Work, International Journal of Health Services, Vol 38, No.3, 2008, p 489-523.

Rawling, M. (2006), ‘A generic model of regulating supply chain outsourcing’ in Arup, C. Gahan, P. Howe, J. Johstone, R. Mitchell, R. and O’Donnell, A. eds. Labour Law and Labour Market Regulation, Federation Press, Sydney, 420-441.

Visser, J., 'Union membership statistics in 24 countries', Monthly Labour Review, January, 2006, pp. 38-49.

Walters, D., Workplace Arrangements for Worker Participation in OHS, in E Bluff, N Gunningham & R Johnstone, OHS Regulation for a Changing World of Work, The Federation Press, Sydney, 2004.



Workplace Relations Ministers’ Council (WRMC), Comparative Performance Monitoring Report 10^th Edition, 2008.