Risk control and the law
Mr Lyall Phillips
3 hours per week
* First, second semester
* Caulfield, distance,
in-house
* Prerequisite: special selection criteria apply
Objectives On completion of this subject students should have developed an alertness to the ever changing risks associated with the workplace health and safety-related law; common law duty of care, defences, vicarious liability, Robens philosophy and current issues, recruitment and termination risks, discrimination law, industrial action, environmental and contractual transfer risks and to the consequent due diligence risks to be addressed by management; the manner in which the courts and other legal forums balance factors in deciding whether fundamental duties of care owed by employer and employee have been breached by either party.
Synopsis Topics include an introduction to the concept of physical control of risk; its applicability in risk management within the framework of the law.
Assessment Three minor assignments (each 1000 words): 10% each
*
Major assignment (4000 words): 40%
* Examination (3 hours): 30%
Prescribed texts
Brooks A Occupational health and safety law in Australia CCH, 1994
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