The implications of common law due diligence
The Australian Federal Labor government’s draft Work Health and Safety Act (revised 11 May 2010) is planned to be proclaimed in all Australian jurisdictions on 1 January 2012. It applies equally to occupational health and to public safety. Possibly its most surprising and novel attribute is that is requires the exercise of due diligence by responsible officers. This will formally complete the Australian intellectual transition from a focus on hazard based risk assessment (especially involving target levels of risk or safety) to precaution based (due diligence) risk assessment. This is a fundamental risk paradigm shift. The demise of the popular technical risk target approach as referred to by many standards and used by many rail organisations will be explained, together with the world of due diligence as it applies to railways. A case study for a railway cutting rockfall due diligence review as completed for Railcorp is described together with the implications for land use planning around major hazard facilities.
- Record URL:
- Francis G
- Robinson R
- Publication Date: 2010
- Pagination: 8p.
- Monograph Title: Rejuvenation and renaissance: CORE 2010: conference on railway engineering, 12-15 September 2010, Wellington, New Zealand
- TRT Terms: Law enforcement; Occupational safety; Rail (Railroads); Risk management; Safety
- ATRI Terms: Law enforcement; Occupational health; Railway track; Risk management; Safety
- Subject Areas: Railroads; Safety and Human Factors; Security and Emergencies;
- Accession Number: 01517136
- Record Type: Publication
- Source Agency: ARRB
- Files: ATRI
- Created Date: Mar 4 2014 8:09PM