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Blame on steroids – what Australia’s leading WHS lawyer thinks about industrial manslaughter legislation

In 2020, Queensland’s District Court handed down its first industrial manslaughter prosecution, sentencing two directors of Brisbane Auto Recycling to a ten month suspended prison sentence, following the accidental death of a worker. The directors admitted to negligence in the lead up to the accident, which saw victim, 52 year old Tiger Willis, caught between…

31 Mar 2022, by Amy Sarcevic

Healthcare | Legal

How might voluntary assisted dying legislation in NSW compare with other jurisdictions?

In the last few years, a major shift in political thinking has seen most Australian jurisdictions - bar those that lack the statutory power to do so - adopt some form of voluntary assisted dying (VAD) legislation. First Victoria in 2019, followed by Western Australia in 2021; and more recently Queensland, Tasmania and South Australia,…

31 Jan 2022, by Amy Sarcevic

Banking & Finance | Legal

The antitrust paradox – and how to overcome it for a healthy financial services market

To maintain health in the financial services sector - or indeed any sector - two key things are needed: innovation and competition. These two things are interdependent. For innovation to flourish, competition is needed. And for competition to flourish, innovation is needed. To encourage both, antitrust regulation is used. But, when too stringent – or…

29 Nov 2021, by Amy Sarcevic

Banking & Finance | Legal

Is your financial services business really ethical?

From exploiting the vulnerable, to heavily penalising hardship, it is often easy to recognise what fairness is not within financial services. Defining what exactly fairness is, however, in the realms of marketing, product or contract design, can be a deceptively complex task; one which even ethically-motivated firms trip up on, explains Professor Deen Sanders of…

16 Nov 2021, by Amy Sarcevic

Legal | Occupational Health & Safety

Mentally healthy workplaces – a necessary reform for our mental health

Australian employers are facing increasing pressure to address mental health and wellbeing in the workplace. Every year on average eight million working days are lost due to mental ill-health, with one in five people (21 percent) taking time off because they feel stressed, anxious or depressed. Stigma and discrimination is also an issue, with 78.1…

10 Mar 2021, by Amy Sarcevic

Banking & Finance | Legal

Financial abuse enablement – an insidious side-effect of the potential RLO repeal

Australia may see a resurgence in financial and economic abuse if the Senate opts to scrap responsible lending obligations (RLO), warns Gerard Brody of the Consumer Action Law Centre. The move to weaken RLOs was made by Federal Treasurer Josh Frydenberg in September last year, in a bid to maintain credit flow in the wake…

17 Feb 2021, by Amy Sarcevic

Banking & Finance | Legal

How responsible lending should look – an interview with Professor Kevin Davis

Former member of the Financial Systems Inquiry, Professor Kevin Davis, has set out his expectations for responsible lending obligation (RLO) reform in Australia. Davis advocates a shared buyer and seller accountability model, which protects consumers from financial illiteracy and cognitive bias, at the same time, retaining much of the economic benefit of a market based…

21 Jan 2021, by Amy Sarcevic

Healthcare | Legal

Wrongful birth damages – an interview with Bill Madden

Maintaining a duty of confidentiality is an integral part of any healthcare profession, but what happens when upholding medical confidentiality leads to adverse health outcomes? Patient Y, a pregnant woman, sought damages when Doctors failed to inform her that her father had been diagnosed with Huntington’s disease – a heritable brain disorder that had been…

11 Jan 2021, by Amy Sarcevic

Healthcare | Legal

Adverse health outcomes during the pandemic response – legal implications

The COVID-19 pandemic has created some challenging risk management scenarios for healthcare workers - and with the heightened threat of adverse outcomes, many now feel as though they are treading murky legal water. While Australia has missed the levels of system overwhelm seen in countries hardest hit by the virus, the very threat of it…

17 Dec 2020, by Amy Sarcevic

Banking & Finance | Legal

Where to now on responsible lending? – Gerard Brody

Gerard Brody of the Consumer Action Law Centre has expressed concern over Treasurer Josh Frydenberg’s intention to scrap responsible lending laws, describing the move as a “risky and dangerous policy” that will hurt Australian households. The proposed reform, currently being drafted, could mean the abolishment of all responsible lending obligations that form the National Consumer…

5 Nov 2020, by Amy Sarcevic
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