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ARTICLE · 06 JULY 2016

Labour hire update: Prosecution for failure to consult

Holman Webb
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This is the first conviction under the model WHS laws for a failure by a duty holder to consult with another duty holder.

AustraliaEmployment and HR
Ethan Brawn
Ethan Brawn
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The South Australian Industrial Relations Court in the matter of Boland v Trainee and Apprentice Placement Service Inc. [2016] SAIRC 14 has handed down the first conviction under the model work health and safety laws for a failure by a duty holder to consult with another duty holder.

Section 46 of the Work Health & Safety Act (the Act) provides that:

"If more than one person has a duty in relation to the same matter under this Act, each person with the duty must, so far as is reasonably practicable, consult, cooperate and coordinate activities with all other persons who have a duty in relation to the same matter."

The maximum penalty for a breach of this provision is $20,000 for an individual or in the case of a corporation, $100,000.

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