Evaluating the implications & outcomes of enforcement actions for serious WHS breaches
Conference Date
19th & 20th June 2019
Location
CQ Functions Melbourne
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Agenda

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Day 1 - Wednesday 19th June, 2019

8:30
Registration, coffee & networking
9:00
Welcome remarks from the Chair
Patrick Murphy
Chair
Safety Institute of Australia
Reviewing safety regulation & enforcement
9:10
Does the punishment fit the crime? Reflections on the 2018 model WHS laws review
  • Reflecting on the review report and the differing views about the level of punishment needed as a deterrent in the WHS context
  • Presenting some personal views about WHS offences, penalties and sentencing and the future of WHS enforcement practices
Marie Boland
2018 Independent Reviewer Model WHS Laws
Workplace Relations Consultant
9:50
Challenges & opportunities for the incoming QLD WHS prosecutor
Aaron Guilfoyle
QLD Work Health and Safety Prosecutor
10:30
SPEED NETWORKING

In this fun and interactive session, you will have the opportunity to meet fellow attendees and speakers in two-minute bursts, to exchange business cards and set up conversations for the rest of the event.

10:50
Morning tea & networking
11:20
Studying the link between enforcement & safety improvements
  • Reviewing the impact of enforcement on perceptions and behaviour
  • Understanding how the regulator can influence change
Angelica Vårhammar
Senior Research Officer
Centre for Work Health and Safety
12:00
Industry’s perspective on safety regulation
  • What industry needs and expects of regulators to improve safety outcomes
  • Sharing industry’s perspective on enforcement practices for high level offending
Mark Goodsell
Director, NSW
Australian Industry Group
12:40
Networking lunch
1:40
PANEL DISCUSSION: How should safety regulation be approached to benefit safety outcomes?
  • Co-regulation versus the big stick approach – the arguments for and against
  • Reflecting on the political landscape of the day
  • Education versus prosecution – are we on the right path?
James Curtin
Senior Manager of Health and Safety
Master Builders Association Victoria
Marie Boland
2018 Independent Reviewer Model WHS Laws
Workplace Relations Consultant
Mark Goodsell
Director, NSW
Australian Industry Group
Dr Gerard Ayers
OHS&E Manager
CFMEU Construction & General
Improving regulatory outcomes for serious WHS breaches
2:20
WorkSafe Victoria’s approach to the construction industry
  • Current regulatory approach and challenges
  • Collaborating across operational and legal teams for the best prevention and enforcement outcomes
  • Recent prosecution case studies and issues
Paul Fowler
Director Enforcement Group
WorkSafe Victoria
Michael Coffey
Head of Hazardous Industries & Industry Practice
WorkSafe Victoria
3:00
Afternoon tea & networking
3:30
INTERNATIONAL CASE STUDY: Exploring the application of industrial manslaughter laws in the UK & its impact on regulatory & safety outcomes
  • Exploring what Australia can learn from applications of IM in the UK
  • Sharing tangible facts from successful prosecutions and understanding what made them successful
  • Reviewing the impact of IM to overall safety performance and fatality rates

This session will be conducted via Skype

Helen Devery
Partner & Head of National Health & Safety Practice
BLM UK
Safety due diligence in practice
4:10
Safety due diligence – governance frameworks for safety compliance
  • Understanding the role of Boards, Executives and Management in companies of different characters
  • Applying the WHS due diligence model in practice
  • Consideration of recent case law and guidance materials
Steve Bell
Partner
Herbert Smith Freehills
4:50
Closing remarks from the Chair & close of Day One

Day 2 - Thursday 20th June, 2019

8:00
Welcome, coffee & networking
8:30
Welcome remarks from the Chair
Chris Kummerow
Principal Prosecutor, Statutory Compliance
National Heavy Vehicle Regulator
Examining industrial manslaughter law development
8:40
Building relationships & effective compliance initiatives between regulators & industry
  • Exploring how regulators engage with industry
  • Understanding what regulators expect from industry
  • Sharing compliance and enforcement initiatives to improve serious WHS breaches in high risk industries
Tony Williams
Executive Director, Operations Group
SafeWork NSW
9:20
Industrial manslaughter law development across Australia – what business needs to know
  • Legal developments federally and across the different states
  • Issues with IM laws
  • What evidence is required to prove IM and how is it different to current WHS laws?
  • What does industry need to know in order to comply?
Kiri Jervis
Special Counsel
Clyde & Co
10:00
Morning tea & networking
10:30
Alternatives – using existing laws to prosecute serious WHS breaches
  • Examining why IM laws have not been used successfully to date in Australia
  • Exploring existing laws – and if there can be a better solution
  • The challenge for regulators when prosecuting individuals
Chris Kummerow
Principal Prosecutor, Statutory Compliance
National Heavy Vehicle Regulator
11:10
PANEL DISCUSSION: Industrial manslaughter: The right or wrong solution to a real problem?
  • Will IM fundamentally change the way a business does safety?
  • Is industrial manslaughter the right path?
James Curtin
Senior Manager of Health and Safety
Master Builders Association Victoria
Steve Bell
Partner
Herbert Smith Freehills
Dr Gerard Ayers
OHS&E Manager
CFMEU Construction & General
Examining enforceable undertakings
11:50
JOINT PRESENTATION: Using enforceable undertakings to produce health & safety benefits

Enforceable undertakings have an important place in the enforcement hierarchy but their positive health and safety benefits are not well appreciated and they are seldom sought or agreed. In this presentation, our speakers will discuss the proper use of EUs as an enforcement tool that can produce timely benefits for the business, workers and industry:

  • Part one: Enforceable undertakings – how they work and what’s involved
  • Part two: Working through terms, compliance and opportunities and challenges for business
James Curtin
Senior Manager of Health and Safety
Master Builders Association Victoria
Barry Sherriff
Principal
Sherriff Consulting
12:30
Networking lunch
1:30
ROUNDTABLE DISCUSSION: Examining the incentives & implications of an enforceable undertaking versus a prosecution
2:30
Afternoon tea & networking
3:00
The regulator perspective – complying with an enforceable undertaking
  • Understanding the motivations of the regulator to accept an EU
  • Setting effective terms
  • Managing and monitoring compliance with the EU
Rick Bultitude
Director, Investigations & Emergency Response
SafeWork NSW
Steve Orr
Acting Director Major Investigations
NSW Resources Regulator
3:40
CASE STUDY: An enforceable undertaking in practice
  • Sharing the process of getting to an enforceable undertaking
  • Exploring EU versus prosecution
  • The pros and cons to the business
  • What does EU compliance look like – working with the regulator
  • Exploring the ‘real costs’ of an EU to the business
  • Benefits to safety outcomes
Lana Hogno
Director Health, Safety & Wellbeing
Northern Sydney Local Health District, NSW Health
4:20
Closing remarks from the Chair & close of Conference
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Key Speakers

Marie Boland
2018 Independent Reviewer Model WHS Laws
Workplace Relations Consultant
Paul Fowler
Director Enforcement Group
WorkSafe Victoria
Mark Goodsell
Director, NSW
Australian Industry Group
Steve Bell
Partner
Herbert Smith Freehills