Sorry this is long winded but if you’re into Property, Home Ownership or Business it might keep you out of Goal………….. Info below is being circulated after the meeting. I was there too. Belive me, it’s right!!!!! (It will spread to other states if it gets up in NSW, so you guys should also be concerned)
PLEASE LET OTHERS KNOW ABOUT THIS LEGISLATION.
No one wants to see or encourage deaths in the workplace but applying it to every NSW citizen without question is idiocracy!!! READ ON BELOW>>>>GC
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I would suggest you READ THIS, Verify it for yourself (links below) and fire off a barrage of protest letters/e-mails to the politicians (listed at bottom) if you value your basic freedom & want to stay out of Goal, as it applies to virtually every voting adult in NSW in it’s current format. (Needs to be actioned within a couple of weeks)
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NSW Government’s draft Occupational Health & Safety Legislation Amendment (Workplace Fatalities) Bill.
========================================================================================================I attended a public meeting in my capacity as a concerned voter, Developer & Professional Engineer, on Wednesday 6th Feb, 05, called by the local State MP for Tamworth. (Independent).
This was one of the largest public interest meetings I have attended, with the large Tamworth hall filled well beyond capacity with large & small business people, farmers, Tradesmen & the general public.
The issue of concern is the Governments new legislation amendment which virtually ensures that if a fatality occurs on your property or worksite which you control, you WILL almost certainly end up with a 2 year Goal Sentence, REGARDLESS of “fault”.
1. While the legislation is put up under the guise of targeting Corporations, Businesses, Manager and Supervisors and mentions things like “Rights of Appeal”, the reality, according to the legal experts at the seminar, as it stands, 95% of workplace deaths will result in goal terms, probably for multiple levels of owners/managers/supervisors;
It targets anyone who provides or manages a workplace. This could be a corporation, a small business owner, a landowner or a householder.
It also targets employees in any form of Supervisory role, it applies equally to property owners and landlords, in fact anyone who engages a worker or contractor to undertake work for them.
If you buy a block of land and engage a builder, he’s on your workplace. If you own your home and engage a plumber, you are providing the workplace.As an extreme example;
A 75 year old widower engages an electrician to repair a power outlet in her house, he falls thru the ceiling and dies.She is the employer, she has obviously provided an unsafe work place, under OH&S legislation she is Guilty until she can prove innocence, virtually all prosecution cases are already being upheld, therefore she gets a 2 year Goal Sentence. (If she manages to be part of the 5%, she is only fined $110,000 – …..but it could also be BOTH)
{If you own the residence as a Landlord then you’d also go to Goal!!!The bottom line – If you provide or manage the Workplace, a fatality occurs, you obviously haven’t complied with OH&S legislation, you are automatically Guilty, you will wear the Goal Sentence. Virtually ALL prosecutions are already upheld under current legislation. This will not change.
As far as “Rights of Appeal” go they are superficial and extremely limited and restricted to 2 exceptional instances where appeal can only be made to the Court of Criminal Appeal. THERE IS NO FURTHER APPEAL TO A HIGHER COURT. (Murderers & common criminals even have higher appeal rights)
The legislation takes no account of contributing negligence by the person in causing the accident.
2. The Left Wing & Unions are backing this legislation. There has already been a “Dodgy Deal” done between the Government & Unions, (& get this!!) Unions who bring successful prosecutions will now share in the monetary spoils on a 50/50 basis with Government. This MUST encourage “Bounty Hunting” & Corruption within the union officialdom.
The disturbing thing about this is that a huge number (if not most) union members will also be subject to Goal Sentences under the legislation.
3. A point of Interest. Who is the largest employer in NSW?? Right, the NSW government. Who will be exempt from this legislation?? Right again, the Premier & Ministers. Who will “carry the can” for the NSW Government?? The employees & managers!!
4. Dela Bosca, in his address to parliament states (brags) “New South Wales has one of the most robust occupational health and safety frameworks in the world—one this Government proudly introduced”.
The advice was that no other country in the developed world has draconian laws like the current government is proposing. (Virtually guilty without fair trial, no effective course of appeal and mandatory Goal Sentence)5. Apparently the Federal Government has the power to override such State Legislation and therefore protests should be directed to Federal Members also. It was indicated that the Federal Government is already putting in place its own legislation to exempt Federal Government Employees.
In Summary, without this being a political statement, the NSW Government is Goaling it’s staff, (& voters), the Federal Government is Protecting it’s staff.
Again, I would suggest you (1) Make other people aware of this Legislation. (2) Fire off a barrage of protest letters/e-mails to the politicians (below) if you value your basic freedom & want to stay out of Goal. It applies to virtually every voting adult in NSW in it’s current format. (………….You’ve probably got better odds of Goal under this than of ever winning Lotto!!!)
LINKS;
Be aware that the legislation looks innocuous but the professional legal advice is that it has huge teeth for us all.
NSW Legislative Council Hansard WORKPLACE FATALITIES 27/10/04
http://www.parliament.nsw.gov.au/Prod/Parlment/HansArt.nsfDraft Bill
http://www.pco.nsw.gov.au/pdf/exposure/b04-114-42-d05.pdfNSW Member of Parliament Details & Address Page
http://www.parliament.nsw.gov.au/prod/parlment/members.nsf/v3listcurrentlamembers?open&vwCurr=v3currentlamemberspicbyelectorateFederal Parliament Details & E-Mail Address Page
http://www.aph.gov.au/whoswho/ http://www.aph.gov.au/house/members/Email.aspEMAIL; (You can address surface mail via NSW Parliament House, )
[email protected] Premier Bob Carr (This is Bob’s e-mail but the link isn’t working properly in the Forum – type it in)
[email protected] Premier’s Chief of Staff[email protected] Minister Della Bosca
[email protected] Minister Della Bosca’s Chief of Staff
[email protected] Deputy Premier and Minister for Education, Dr Refshauge
[email protected] Dr Refshauge’s Chief of StaffGC
Well that posted up a bit dodgy as I pasted it in from another doc. I think you can still read it – looked OK in Preview. Very Important Issue.
GC
I found this thread hard to find, I had to scale a long way down before i could find it. I read your message and will do some of my own research before I can post a reply.
You may not get many replies because It appears that your message has been wiped!
A 75 year old widower engages an electrician to repair a power outlet in her house, he falls thru the ceiling and dies.Ok, that’s sad…
She is the employer,No, he is most likely a self-employed contractor.
she has obviously provided an unsafe work place,I think you’ll find that the onus to provide a safe workplace falls on the contractor.
under OH&S legislation she is Guilty until she can prove innocence,I can’t find reference to this in the proposed legeslation.
virtually all prosecution cases are already being upheld, therefore she gets a 2 year Goal Sentence.This is a DRAFT BILL! It is not yet in use…
{If you own the residence as a Landlord then you’d also go to Goal!!!Why?
I would suggest that you come back with some accurate information and arguments against the proposed bill if you expect people to assist in your campaign of opposition.
Cheers, F.FWIW I think OH&S is damaging society by fostering a lack of responsibility for one’s actions and turning Darwinian theory on its head.[cap] That’ll be 2c thanks.
If you do not nominate a principle contractor while you have work carried out on your home the onus then falls on you.Im sure I read this on a workcover site.I also heard union members will be able too head hunt for convictions and any fines paid will go back to them.
Its not carved in stone yet though.
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