Regulation at Work - Volume 4 Issue 4

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National Research Centre for OHS Regulation

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The feature article in this edition, The Organisational Reach of OHS Regulation, is a précis of a new Centre working paper, number 41, by Centre Adjunct Professor Richard Johnstone and co-authored with Therese Wilson. The feature article and working paper examine how the OHS statutes apply to various configurations of ‘the employer’, where the employer is part of a contractual chain or business network; a partnership; an unincorporated association; a joint venture; part of a larger corporate group structure; or is in other ways separate from the person or entity with control over assets and decisionmaking concerning OHS. In examining these fundamental legal issues, the authors explore the extent to which the Australian OHS statutes impose liability on the ‘group’ or part of the group, rather than simply on single capital units: that is, they consider whether each firm is only responsible for its own contraventions of the OHS statutes, or whether it may, in certain circumstances, be responsible for the acts or omissions of other firms, such as subsidiaries, independent contractors, or franchisees.

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National Research Centre for OHS Regulation, 2005, Regulation at Work - Volume 4 Issue 4, National Research Centre for OHS Regulation, Canberra

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