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Workplace Health and Safety (LAWS70053)
Graduate coursework level 7Points: 12.5Not available in 2020
For information about the University’s phased return to campus and in-person activity in Winter and Semester 2, please refer to the on-campus subjects page.
Please refer to the LMS for up-to-date subject information, including assessment and participation requirements, for subjects being offered in 2020.
Overview
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In 2010 all Australian governments publicly committed to implementing nationally-uniform laws about work health and safety. This development is bringing to fruition a process that began 30 years ago. However, Victoria is one of two states that have not implemented the agreed national laws. Therefore, this subject examines in detail the content of Victorian law, as well as the new national laws.
By referring to the existing state, territory and Commonwealth body of law, this subject considers the operation of Victorian work health and safety law in its historical and industrial setting, as well as the likely practical operation of the new regulatory regime. The lecturer is a researcher and teacher with over 30 years’ experience in researching and teaching work health and safety regulation.
Principal topics include:
- The problem of work-related injury and disease
- The history of the legal regulation of health and safety at work
- Nationally-uniform workplace health and safety laws
- Standard-setting under the Australian work health and safety statutes
- Worker representation and participation under the Australian work health and safety legislation
- State enforcement of the work health and safety legislation
- The anti-bullying jurisdiction of the Fair Work Commission
- Workers’ compensation schemes in Australia
- The rehabilitation of injured workers
- The role and impact of the common law duty to provide work that is safe and without risks to health.
Intended learning outcomes
A student who has successfully completed this subject will:
- Have an advanced and integrated understanding of the legal principles of Australian work health and safety law within the context of work, including recent developments in this field of law and practice
- Be able to examine critically, analyse, interpret and assess the effectiveness of these legal rules
- Be an engaged participant in debate regarding emerging and contemporary issues in the field, such as workplace bullying, discrimination and the scope of workers’ compensation law
- Have a sophisticated appreciation of the factors and processes driving parliamentary revision of the legal framework
- Have an advanced understanding of situations in which issues of health and safety may arise in work relationships and management practices
- Have a detailed understanding of work health and safety legal regimes in an international context
- Have the cognitive and technical skills to generate critical and creative ideas relating to work health and safety laws and to critically evaluate existing legal theories, principles and concepts with creativity and autonomy
- Have the cognitive and technical skills to examine independently, research and analyse existing and emerging legal issues relating to work health and safety;
- Have the communication skills to articulate clearly and convey complex information regarding work health and safety to relevant specialist and non-specialist audiences
- Be able demonstrate autonomy, expert judgment and responsibility as a practitioner and learner in the field of work health and safety law.
Last updated: 3 November 2022
Eligibility and requirements
Prerequisites
None
Corequisites
None
Non-allowed subjects
None
Recommended background knowledge
Applicants without legal qualifications should note that subjects are offered in the discipline of law at an advanced graduate level. While every effort will be made to meet the needs of students trained in other fields, concessions will not be made in the general level of instruction or assessment. Most subjects assume the knowledge usually acquired in a degree in law (LLB, JD or equivalent). Applicants should note that admission to some subjects in the Melbourne Law Masters will be dependent upon the individual applicant’s educational background and professional experience.
Inherent requirements (core participation requirements)
The University of Melbourne is committed to providing students with reasonable adjustments to assessment and participation under the Disability Standards for Education (2005), and the Assessment and Results Policy (MPF1326). Students are expected to meet the core participation requirements for their course. These can be viewed under Entry and Participation Requirements for the course outlines in the Handbook.
Further details on how to seek academic adjustments can be found on the Student Equity and Disability Support website: http://services.unimelb.edu.au/student-equity/home
Last updated: 3 November 2022
Assessment
Due to the impact of COVID-19, assessment may differ from that published in the Handbook. Students are reminded to check the subject assessment requirements published in the subject outline on the LMS
Description | Timing | Percentage |
---|---|---|
Option 1: Take-home examination
| 12 - 15 June 2020 | 100% |
Option 2: Research paper on a topic approved by the subject coordinator
| 29 July 2020 | 100% |
Hurdle requirement: A minimum of 75% attendance | Throughout the teaching period | N/A |
Additional details
Note: Students must choose assessment from the options listed above. If an option contains parts, all parts must be completed if that option is chosen.
Last updated: 3 November 2022
Quotas apply to this subject
Dates & times
Not available in 2020
Additional delivery details
This subject has a quota of 30 students.
Enrolment is on a first come, first served basis. Waitlists are maintained for subjects that are fully subscribed.
Students should note priority of places in subjects will be given as follows:
- To currently enrolled Graduate Diploma and Masters students with a satisfactory record in their degree
- To other students enrolling on a single subject basis, eg Community Access Program (CAP) students, cross-institutional study and cross-faculty study.
Please refer to the Melbourne Law Masters website for further information about the management of subject quotas and waitlists.
Last updated: 3 November 2022
Further information
- Texts
Prescribed texts
- B Creighton and P Rozen, Health and Safety Law in Victoria, 4th ed, Federation Press, Leichhardt, 2017
Specialist materials will be made available from Melbourne Law School prior to the pre-teaching period.
- Related Handbook entries
This subject contributes to the following:
- Links to additional information
- Available through the Community Access Program
About the Community Access Program (CAP)
This subject is available through the Community Access Program (also called Single Subject Studies) which allows you to enrol in single subjects offered by the University of Melbourne, without the commitment required to complete a whole degree.
Entry requirements including prerequisites may apply. Please refer to the CAP applications page for further information.
Additional information for this subject
If required, please contact law-admissions@unimelb.edu.au for subject coordinator approval.
- Available to Study Abroad and/or Study Exchange Students
This subject is available to students studying at the University from eligible overseas institutions on exchange and study abroad. Students are required to satisfy any listed requirements, such as pre- and co-requisites, for enrolment in the subject.
Last updated: 3 November 2022