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Navigating international trade and tariffs
Recent tariffs and other trade measures have transformed the international trade landscape, impacting almost every sector, region and business worldwide.
WHS Law Briefing
February 2025
Australia | Publication | February 2025
Key issues and trends
Welcome to our WHS Law Briefing. This briefing identifies key issues and emerging trends in WHS Law, and details significant legislative and case law developments from August 2024 to date in February 2025. Please contact our national WHS team if you would like to discuss any of the matters in this briefing or would like any source materials which have not been included. We welcome your feedback.
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Eliminating sexual harassment |
There have been a number of developments in WHS legal obligations aimed at combatting sexual harassment in Australian workplaces. New notification requirements in respect of violent incidents are being added to the model WHS Act and various jurisdictions have introduced positive duties and codes of practice in relation to sexual harassment and sex or gender based harassment. For further insights, listen to our podcast with the SafeWork NSW Respect at Work Taskforce. |
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Diversity, equity and inclusion programs |
There is much speculation as to the future of diversity, equity and inclusion programs in Australian businesses given recent political and workplace discussions at home and abroad. It is critical that Australian business leaders consider the psychosocial risk perspective on gender diversity and ensure that their decision making on this issue aligns with their obligations under work health and safety laws. For our further insights on this issue, read our article here. |
| Successful prosecution of CEO for failure to exercise due diligence |
In a landmark decision, the former Chief Executive Officer of a large corporation was found guilty of failing to comply with his officer due diligence obligation under the Health and Safety at Work Act 2015 (NZ). It is not yet known whether the decision will be appealed. See below for a detailed analysis of the decision and its relevance to the due diligence duty under Australian WHS laws. |
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Industrial manslaughter offences |
The offence of industrial manslaughter has now commenced in every Australian jurisdiction, with New South Wales and Tasmania giving effect to the offence on 16 September and 2 October 2024 respectively. The industrial manslaughter offence in Queensland has been expanded to bring it in line with other jurisdictions in Australia. |
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More stringent regulation of crystalline silica |
More stringent WHS duties targeting all industries where workers are or might be exposed to silica dust came into effect in most jurisdictions on 1 September 2024 and importation restrictions commenced on 1 January 2025. The Silica National Strategic Plan 2024-30 has been formally endorsed. |
Recent publications
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From Talk to Action: Driving Change in the Legal Ecosystem
In mid-March 2025, Cognia Law and Norton Rose Fulbright’s Legal Operations Consulting team co-hosted a second roundtable event that brought together senior leaders, including GCs, COO and head of legal operations, from across the legal industry to discuss how to drive meaningful change within the legal ecosystem.
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