Post-Conference Workshop

Wednesday 31st July 2013: 9:00am - 12:00pm

Personal Liability for Officers and Workers of Public Sector Agencies under the Work Health and Safety and Environmental Law

This workshop will consider the potential personal liability of officers, managers and workers of government Departments and Agencies under Work Health and Safety Laws and Contaminated Land.

In particular, it will address:

Work Health and Safety

a) How the Commonwealth Work Health and Safety Act recently removed the shield of the crown exposing the Australian Public Service and its senior members to possible criminal sanctions, including imprisonment, for breaches of health and safety laws;

b) What the laws and potential penalties are;

c) How Secretaries, Agency Heads and the Senior Executive Service can discharge their personal duties and avoid liability; and

d) How the Australian Public Service, including in-house legal advisors, should facilitate compliance.

Contaminated Land & Pollution

a) Introduction to the regulation of contaminated land & pollution in Australia

b) Sources of contaminated land & pollution liability

c) The circumstances in which the Australian Public Service could be liable for contaminated land & pollution incidents

d) Officers and managers liabilities:
> Scope of liability imposed by statute;
> Circumstances in which you could become exposed; and
> Avoiding liability.

Led by Scarlet Reid, Partner, Henry Davis York
Facilitated by Tom Reaburn, Lawyer, Henry Davis York and Sarah Mansfield, Lawyer, Henry Davis York

Workshop Facilitators:

Tom Reaburn, Lawyer, Henry Davis York: Tom is a specialist work health and safety lawyer at Henry Davis York Lawyers. Tom has previously worked for Comcare, the Commonwealth work health and safety regulator, as a WHS Investigator. There he conducted and led numerous investigations into serious and fatal workplace accidents, alleged safety breaches and psychosocial grievances. As part of Henry Davis Yorks Workplace Relations and Safety team, Tom works on a wide variety of litigious and advisory matters including representing employers and individuals against prosecutions brought by State and Commonwealth regulators.

Sarah Mansfield, Lawyer, Henry Davis York: Sarah is a specialist environment and planning lawyer, with particular expertise in the field of contaminated land & pollution law. She advises on all legal and strategic aspects associated with contaminated land, including statutory liability for contaminated land, negotiating the sale and purchase of contaminated sites and obtaining planning and environmental approvals for the remediation and development of contaminated land. Sarahs recent experience includes representing Jeffman Pty Ltd in Jeffman Pty Ltd and Lawrence Dry Cleaners Pty Ltd v Environment Protection Authority of NSW, Sydney Water Corporation and Ors [2011] NSWLEC 89, so far the only decided case in relation to the Contaminated Land Management Act 1997 (NSW).