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Unit of study_

LAWS6096: Work Health and Safety: Law and Policy

Semester 1b, 2024 [Block mode] - Camperdown/Darlington, Sydney

This unit of study is on work health and safety law and practice. Its main focus is on the role of law in preventing disease, injury and death at work, principally by focusing on the Work Health and Safety Act 2011 (NSW), the relevant case law, and the enforcement of the Act. The Work Health and Safety Act 2011 will be placed in its broader context, including the extent of injury and disease at work, the principles of work health and safety management, changing work arrangements, the history of work health and safety regulation and broader principles of regulatory theory. Regulatory provisions governing health and safety in the mining, transport and clothing, textile and footwear industries will also briefly be examined. Further information about this unit is available in the Sydney Law School timetable https://canvas.sydney.edu.au/courses/4533/pages/postgraduate-lecture-timetable, unit of study outline https://www.sydney.edu.au/units and academic staff profile https://www.sydney.edu.au/law/about/our-people/academic-staff.html

Unit details and rules

Unit code LAWS6096
Academic unit Law
Credit points 6
Prohibitions
? 
None
Prerequisites
? 
None
Corequisites
? 
None
Assumed knowledge
? 

LAWS6252 or a law degree and LAWS6071 (MLLR students)

Available to study abroad and exchange students

No

Teaching staff

Coordinator Shae McCrystal, shae.mccrystal@sydney.edu.au
Lecturer(s) Richard Johnstone, r.johnstone@sydney.edu.au
Tutor(s) Nigel Salmons, nigel.salmons@sydney.edu.au
Type Description Weight Due Length
Assignment Draft research question (non-graded) (0%)
Draft research question
0% Week 03
Due date: 26 Apr 2024 at 16:00

Closing date: 02 May 2024
150 words
Outcomes assessed: LO1 LO2 LO4 LO5 LO6
Short release assignment Assignment (short release) (50%)
Written assignment
50% Week 07
Due date: 22 May 2024 at 09:00

Closing date: 31 May 2024
4000 words / 72 hours
Outcomes assessed: LO1 LO6 LO3
Assignment Research essay (50%)
Written essay
50% Week 09
Due date: 05 Jun 2024 at 23:59

Closing date: 12 Jun 2024
4000 words / 6 weeks
Outcomes assessed: LO1 LO2 LO4 LO5 LO6

Assessment summary

There are two assessment components, each worth 50%:

Assignment (short release) 4000 words (50%): Fifty per cent of the assessment for the unit will comprise an assignment in which you will be required to analyse a hypothetical fact scenario, and provide a series of legal opinions. You might also be asked to reflect on some more theoretical aspect of work health and safety regulation that has been discussed in class or in the prescribed reading material. In the assignment you will be assessed on your knowledge and understanding of the provisions of the Work Health and Safety Act 2011 (NSW) (and other legal provisions featured in the course that address issues that are covered by the Work Health and Safety Act 2011 (NSW)), your ability to apply those provisions, your clarity of expression, and your understanding of regulatory policy issues as they apply to health and safety at work. There will only be one scenario, but you will be required to answer a series of questions about the scenario. The scenario will be similar to the problem scenario that you will analyse as you work through the materials for the unit.

The assignment will be released at 9:00am (Sydney, Australia time) on Friday 17 May 2024 on the Canvas site and the assignment must be submitted through the Canvas site by 9:00am (Sydney, Australia time) on Wednesday 22 May 2024.   Learning Outcomes 1, 3 and 6.

Draft research question (Non-graded) (0%): Each student must submit their draft research question to r.johnstone@sydney.edu.au by 4:00pm (Sydney, Australia time) on Friday 26 April 2024 (do not submit it through Canvas), together with a paragraph (no more than 150 words) explaining why you have chosen the research question, and five key references for your essay.

Research essay 4000 words (50%): Fifty per cent of the assessment for the unit will comprise a research essay in which you will be required to research widely, think deeply and write critically about an aspect of work health and safety law, policy, theory and/or practice. The research essay will address your own research question, which must be approved by Professor Richard Johnstone.

To assist you in drafting your research question, broad research topics will be released on the Canvas site at 4:00pm (Sydney, Australia time) on Monday 18 March 2024.

The research essay must be submitted through the Canvas site by 11:59pm (Sydney, Australia time) on Wednesday 5 June 2024.  Learning Outcomes 1, 2, 4, 5 and 6.  

Word limit penalty: A piece of assessment which exceeds the prescribed word limit will attract a penalty of 10% of the total marks available for the piece of assessment for every 100 words, or part thereof. The total word counts for the short-release assignment and research essay exclude footnotes (except discursive footnotes) and the bibliography (NOTE: a bibliography is required for the research essay but is not required for the short-release assignment). Discursive footnotes exceeding the 4,000-word limit will not be read when your assessment is marked.

Use of editors or proof-readers: The use of assistance in preparing and editing assessment tasks in this unit of study is strictly prohibited. Assistance includes human and automated writing tools (not including spell checking). The use of Studiosity does not breach this rule but must be acknowledged.  

Special consideration: Successful grants of Special Consideration may involve alternative tasks, as appropriate.

Assessment requirements to pass a unit of study: A student must make a genuine attempt at all assessment tasks set out in this Unit of Study in order to obtain a Pass mark and grade (or above); otherwise an Absent Fail grade will be recorded as the student’s result for this Unit of Study. 

 

Assessment criteria

The University awards common result grades, set out in the Coursework Policy 2021 (Schedule 1).

As a general guide, a high distinction indicates work of an exceptional standard, a distinction a very high standard, a credit a good standard, and a pass an acceptable standard.

Result name

Mark range

Description

High distinction

85 - 100

• Completely answers the question.
• Contains striking originality of approach or analysis.
• Demonstrates exhaustive or innovative research (where independent research
required).
• Exceptionally well written, structured and expressed.
• Is otherwise exceptional in some way.

Distinction

75 - 84

• Completely answers the question.
• Achieves a critical and evaluative approach to the issues.
• Content and structure is well organised in support of the argument.
• Demonstrates extensive research and analysis to support a well-documented
argument.
• Generally well expressed and free from errors.
• Has a clear structure and is well articulated.

Credit

65 - 74

• Covers main issues fairly well in answering the question.
• Contains no significant errors
• Demonstrates an attempted critical approach to the issues.
• Demonstrates reasonably sound research and analysis in addressing the key issues.
• Has a clear structure and reasonably clear expression.

Pass

50 - 64

• Identifies the key issues, but does not follow through with a reasoned argument.
• Contains some significant errors.
• Displays satisfactory engagement with the key issues.
• Offers descriptive summary of material relevant to the question.
• Superficial use of material, and may display a tendency to paraphrase.
• Demonstrates little evidence of in-depth research or analysis.
• Adequate expression.
• Overall, demonstrates the minimum level of competence in the assessment and
satisfies the requirements to proceed to higher-level studies in the degree or subject
area.

Fail

0 - 49

• Does not answer the question.
• Contains significant or numerous errors.
• Few or no identifiable arguments.
• Content that is inappropriate or irrelevant.
• Lack of research or analysis.
• Difficult or impossible to understand through poor grammar, expression or
structure.
• Overall, does not demonstrate the minimum level of competence in the
assessment.

For more information see sydney.edu.au/students/guide-to-grades

For more information see guide to grades.

Late submission

In accordance with University policy, these penalties apply when written work is submitted after 11:59pm on the due date:

  • Deduction of 5% of the maximum mark for each calendar day after the due date.
  • After ten calendar days late, a mark of zero will be awarded.

This unit has an exception to the standard University policy or supplementary information has been provided by the unit coordinator. This information is displayed below:

The late submission of a piece of assessment, without an approved extension, will attract a penalty of 10% of the total marks available for the piece of assessment per calendar day or part thereof. For example, a submission after 12:00 midnight on the day of submission and before 11:59pm on the following day will attract a 10% penalty. A submission after midnight of the day following the due date for submission will attract a 20% penalty.

Academic integrity

The Current Student website  provides information on academic integrity and the resources available to all students. The University expects students and staff to act ethically and honestly and will treat all allegations of academic integrity breaches seriously.  

We use similarity detection software to detect potential instances of plagiarism or other forms of academic integrity breach. If such matches indicate evidence of plagiarism or other forms of academic integrity breaches, your teacher is required to report your work for further investigation.

You may only use artificial intelligence and writing assistance tools in assessment tasks if you are permitted to by your unit coordinator, and if you do use them, you must also acknowledge this in your work, either in a footnote or an acknowledgement section.

Studiosity is permitted for postgraduate units unless otherwise indicated by the unit coordinator. The use of this service must be acknowledged in your submission.

Simple extensions

If you encounter a problem submitting your work on time, you may be able to apply for an extension of five calendar days through a simple extension.  The application process will be different depending on the type of assessment and extensions cannot be granted for some assessment types like exams.

Special consideration

If exceptional circumstances mean you can’t complete an assessment, you need consideration for a longer period of time, or if you have essential commitments which impact your performance in an assessment, you may be eligible for special consideration or special arrangements.

Special consideration applications will not be affected by a simple extension application.

Using AI responsibly

Co-created with students, AI in Education includes lots of helpful examples of how students use generative AI tools to support their learning. It explains how generative AI works, the different tools available and how to use them responsibly and productively.

Support for students

The Support for Students Policy 2023 reflects the University’s commitment to supporting students in their academic journey and making the University safe for students. It is important that you read and understand this policy so that you are familiar with the range of support services available to you and understand how to engage with them.

The University uses email as its primary source of communication with students who need support under the Support for Students Policy 2023. Make sure you check your University email regularly and respond to any communications received from the University.

Learning resources and detailed information about weekly assessment and learning activities can be accessed via Canvas. It is essential that you visit your unit of study Canvas site to ensure you are up to date with all of your tasks.

If you are having difficulties completing your studies, or are feeling unsure about your progress, we are here to help. You can access the support services offered by the University at any time:

Support and Services (including health and wellbeing services, financial support and learning support)
Course planning and administration
Meet with an Academic Adviser

WK Topic Learning activity Learning outcomes
Week -01 Introduction to work health and safety regulation Seminar (6.5 hr) LO1 LO2 LO3 LO4 LO5 LO6
Work health and safety standard setting Seminar (6.5 hr) LO1 LO2 LO3 LO4 LO5 LO6
Week 02 Worker participation in work health and safety Seminar (6.5 hr) LO1 LO2 LO3 LO4 LO5 LO6
State enforcement of work health and safety standards Seminar (6.5 hr) LO1 LO2 LO3 LO4 LO5 LO6

Attendance and class requirements

Attendance: All students are required to attend at least 70% of classes to satisfy the pass requirements for each unit of study. Failure to meet this requirement may result in a student being precluded from submitting the final assessment. 

For units offered in Intensive mode, participation in all scheduled sessions may be expected by a Unit Coordinator in order to satisfy the requirements of the unit. 

Referencing: The Sydney Law School expects you to use the Australian Guide to Legal Citation (4th edition, 2018) for your footnoting style, although you should confirm this with your lecturer, and a link to the library website where this is set out comprehensively is available at Referencing and Citation Styles: AGLC4  

Study commitment

Typically, there is a minimum expectation of 1.5-2 hours of student effort per week per credit point for units of study offered over a full semester. For a 6 credit point unit, this equates to roughly 120-150 hours of student effort in total.

Required readings

You must read carefully:

Andrew Stewart, et al, Creighton & Stewart’s Labour Law, 6th ed, The Federation Press, Sydney, 2016, chapter 18, and pages 699-706

Work Health and Safety Act 2011 (NSW)

Work Health and Safety Regulation 2017 (NSW)

Work Health and Safety Bill Explanatory Notes.

Explanatory Memorandum Model Work Health and Safety Bill.

National Compliance and Enforcement Policy.

M Boland, Review of the Model Work Health and Safety Laws, Final Report, Safe Work Australia, Canberra, December 2018.

Safe Work Australia, The meaning of ‘person conducting a business or undertaking, January 2021’.

R Johnstone, ‘Regulating Work Health and Safety in Multilateral Business Arrangements’ (2019) 32 AJLL 41-61.

Safe Work Australia: Guide: The Health and Safety Duty of an Officer.

Code of Practice: How to Manage Work Health and Safety Risks. 

Code of Practice: Work Health and Safety Consultation, Co-operation and Co-ordination.

Work Health and Safety (Mines and Petroleum Sites) Act 2013 (NSW).

Safe Work Australia, National guidance material: Work-related psychological health and safety: A systematic approach to meeting your duties.

Safe Work Australia: Guide for preventing and responding to workplace bullying.

Safe Work Australia, ‘Preventing Workplace Sexual Harassment guide (2021)’. 

Safe Work Australia, Preventing Workplace Violence and Aggression Guide (2021).

Learning outcomes are what students know, understand and are able to do on completion of a unit of study. They are aligned with the University's graduate qualities and are assessed as part of the curriculum.

At the completion of this unit, you should be able to:

  • LO1. analyse and apply fundamental concepts, issues, and debates in work health and safety regulation.
  • LO2. evaluate the impact of legal regulation on preventing ill-health, injuries, and fatalities in the workplace.
  • LO3. articulate the key principles in the Work Health and Safety Act 2011 (NSW) and synthesise these principles in reasoning applied to complex hypothetical and real-world legal scenarios.
  • LO4. analyse industry-specific work health and safety legislation.
  • LO5. critically evaluate the Work Health and Safety Act 2011 (NSW) and industry-specific health and safety legislation, including the underpinning policy and their practical operation, to formulate evidence-based conclusions.
  • LO6. create sound, logically structured legal arguments and analyses and communicate these.

Graduate qualities

The graduate qualities are the qualities and skills that all University of Sydney graduates must demonstrate on successful completion of an award course. As a future Sydney graduate, the set of qualities have been designed to equip you for the contemporary world.

GQ1 Depth of disciplinary expertise

Deep disciplinary expertise is the ability to integrate and rigorously apply knowledge, understanding and skills of a recognised discipline defined by scholarly activity, as well as familiarity with evolving practice of the discipline.

GQ2 Critical thinking and problem solving

Critical thinking and problem solving are the questioning of ideas, evidence and assumptions in order to propose and evaluate hypotheses or alternative arguments before formulating a conclusion or a solution to an identified problem.

GQ3 Oral and written communication

Effective communication, in both oral and written form, is the clear exchange of meaning in a manner that is appropriate to audience and context.

GQ4 Information and digital literacy

Information and digital literacy is the ability to locate, interpret, evaluate, manage, adapt, integrate, create and convey information using appropriate resources, tools and strategies.

GQ5 Inventiveness

Generating novel ideas and solutions.

GQ6 Cultural competence

Cultural Competence is the ability to actively, ethically, respectfully, and successfully engage across and between cultures. In the Australian context, this includes and celebrates Aboriginal and Torres Strait Islander cultures, knowledge systems, and a mature understanding of contemporary issues.

GQ7 Interdisciplinary effectiveness

Interdisciplinary effectiveness is the integration and synthesis of multiple viewpoints and practices, working effectively across disciplinary boundaries.

GQ8 Integrated professional, ethical, and personal identity

An integrated professional, ethical and personal identity is understanding the interaction between one’s personal and professional selves in an ethical context.

GQ9 Influence

Engaging others in a process, idea or vision.

Outcome map

Learning outcomes Graduate qualities
GQ1 GQ2 GQ3 GQ4 GQ5 GQ6 GQ7 GQ8 GQ9

This section outlines changes made to this unit following staff and student reviews.

No significant changes have been made since this unit was last offered.

Disclaimer

The University reserves the right to amend units of study or no longer offer certain units, including where there are low enrolment numbers.

To help you understand common terms that we use at the University, we offer an online glossary.