Analyzing the Application of Three Acts of Australian Law in Legal Cases

Although legal formalism is a critical component to the Australian legal system, judicial creativity is essential when the legislation fails to satisfy rule of law ideals. One key example of this is that although abortion is an offence under the Queensland Criminal Code, it was ruled this year by the Supreme Court that a 12 year old was able to proceed with terminating a pregnancy in a Queensland public hospital. This case’s outcome would be viewed as incorrect using reasoning from a strict legal formalism approach, however it is justified as it demonstrates judicial creativity can be employed when legal formality and procedural legality have not been met.

The main features of the Health and Safety at Work Act (1974) is that it requires certain health and safety procedures to be maintained in a health and social care setting, for example, the act explains that there must be, safe operation and maintenance of working equipment, plant and system, maintenance of safe access to the workplace, safe use, handling and storage of dangerous/hazardous substances, training of staff to ensure that there is health and safety, to provide welfare for staff at work.

Section 2 of the HSW Act deals with employersʹ duties, and states: ʺIt shall be the duty of all employers to ensure, so far as is reasonably practicable, the health safety and welfare of all their employees whilst they are at work.ʺ

Domestic violence is a growing concern in Australia. Police handled more than 3,000 domestic violence matters in just one suburb of Brisbane in the past 12 months and for the whole of Queensland, handled another 25,000 matters.

As an employer, you need to be aware of the processes and duties produced in these regulations and the practical implications imposed. There is also a duty to involve employees in all health and safety

To expose to the chance of injury or loss for example using harsh chemicals like bleach in a work in a care home their is always a risk of someone venerable not knowing what substance it is and drinking it or using it for something other than cleaning

1.2 explain the main points of health and safety policies and procedures agreed with the employer

Key features and doctrines of the Australian legal system are the rule of law, procedural fairness and the court hierarchy which are all crucial to achieving justice. Justice is achieved when people are treated without bias, a case is handled just, and equal outcomes are achieved for both parties.

The human resources process has to accompany both the employee and employer in regard to safety issues. An employee wants the assurance of safe and healthy working conditions; anything less exposes danger to their own wellbeing. In addition employees must take heed to precautions design by the organization. However an employer wants to avoid expenditures in overhead by cutting cost or corners often putting their employees at harmful risk. In addition, organizations also have a lawful obligation in which they have to provide a safe workplace by preventing accidents, hazards, serious injuries or accident-related deaths. Negligence on either behalf can result in determination, fines, citations, work-related

Due to negative aspects that were presented in cases such as the Corey Davis case, the effectiveness of the Australian Legal System in accomplishing justice began to be viewed to demonstrate flaws in certain occasions by the Australian public. The Australian legal system aims to achieve equality and fairness towards the citizens of Australia to avoid anarchy within the nation. This is accomplished by set rules and laws that are created by the government. However, if these rules and laws are to be broken by an individual or a group of people living within the borders of the country, they may face legal consequences that include getting a fine, imprisonment, a life sentence or in some occurrences, a combination of these forms of punishment. In the Corey Davis case, an eleven year old boy that is identified as ‘W’ is sent to trial for committing an offence towards a six year old boy. An outline of the events in the Corey Davis case will be further explored as well as the involvement of the police, the conduct of the court system throughout the investigation of the case and its influence in achieving justice, and a summary of the trial. Furthermore, the debate about the current age limit for doli incapax and whether it is appropriate for modern society will be discussed as the Corey Davis case raised arguments about this topic. The Australian legal system aims to achieve justice, however certain instances such as the Corey Davis case have proved that it may occasionally

The importance of health and safety requires that employees, other persons at work and members of the public be given the highest level of protection against risks to their health and safety that is reasonably practicable in the circumstances.

The policy should reflect what precautions are needed, how they are put into place and a means of checking that correct practice is used properly. This protects individuals and others, improves quality and safeguards the organisation and the services provided; the same sort of mistakes which cause injuries and illness can also lead to property damage and impact the reputation of the organisation if poor quality procedures are practiced in the work

In this piece of work i have been asked to read the care quality commission report on Safe Haven care home, then to identify and explain the hazards that could cause harm to the residents and staff in the home. Whist i was reading the extract from the care quality commission report i picked up on a number of hazards that could potentially cause harm to individuals in the home.

The Workplace Safety Management Practices Audit Standards determine a business’s ability to meet the programme’s safety performance levels. Following are 10 ‘critical elements’, which provide a framework for building workplace health and safety management practices. Each element comprises a number of requirements that need to be met. Eight of these relate to what ACC considers to be the fundamental components of an effective workplace safety system. The remaining two elements confirm the use of those safety systems in practice.

This essay will examine Safety within the mining industry with a focus on Western Australia. It will examine the growth of the industry and look at how safety has developed and is applied today. This essay will examine three (3) key areas;