Publication
Legal strategies to tackle fraud in early-stage investments in Asia
In the wake of the recent eFishery scandal early-stage investors are recalibrating their approach to due diligence and risk tolerance.
WHS Law Briefing
August 2024
Australia | Publication | August 2024
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 to date in August 2024. 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.
Key issues and trends
| Industrial manslaughter | There have been a number of developments in relation to industrial manslaughter offences across Australia. Most notably, New South Wales has now passed legislation to introduce the offence to its WHS Act. The industrial manslaughter offence that has been adopted in New South Wales includes specific provisions concerning communication systems for conveying information about fatal risks. These provisions require careful consideration of how any potentially fatal risks are identified, communicated and mitigated through an organisation’s processes. In particular, we recommend that the WHS sections of board reports specifically address fatal risks and controls, in particular in the sections of the report dealing with understanding risks and resourcing matters. |
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Psychosocial risks |
Psychosocial risks continue to be an area of focus. Regulators have released a range of guidance material regarding psychosocial hazards and risks, and in particular, the role of work re-design. There continue to be prosecutions involving alleged psychosocial hazards and risks. Following the release of the national model WHS Code of Practice, Sexual and gender-based harassment by Safe Work Australia in December 2023, the Code has now been adopted in four jurisdictions: New South Wales, Tasmania, the Australian Capital Territory and the Northern Territory. |
| Ban of engineered stone products | On 1 July 2024, Australia became the first jurisdiction in the world to implement a ban on the use, manufacture and supply of engineered stone benchtops, panels and slabs. There are limited exceptions, including to permit certain processing of legacy items, however the work must be controlled, and the regulator must be notified before the work is carried out. Since the commencement of the ban, a number of safety regulators around Australia have warned that inspectors will be proactively ensuring that duty holders are adhering to the new regulations and taking enforcement action where non-compliance is identified. The Ministers responsible for WHS around Australia have also agreed to implement tougher regulations for crystalline silica processes more generally in September 2024. |
Recent publications
Publication
REMA: what lies ahead
As we stand on the cusp of transformative change within the energy sector, anticipation builds around the UK government’s impending decision on the Review of Electricity Market Arrangements (REMA). This briefing provides a recap of the proposals made to date and looks at the potential future impact of the REMA proposals on market players.
Publication
Decree 57/2025 - Key Features and Impact on Direct Power Purchase Agreements in Vietnam
Following the launch of the new Electricity Law on 30 November 2024, which took effect on 1 February 2025 (Electricity Law 2024), Decision No. 768/QD-TTg (Decision 768) issued on 15 April 2025 by the Prime Minister of Vietnam approved the revised National Power Development Plan VIII (PDP 8) for the period 2021–2030, with a vision to 2050. This decision replaces the previous Decision No. 500/QD-TTg, dated 15 May 2023.
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