Outline

Overview

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. Refer to the Sydney Law School timetable - https://canvas.sydney.edu.au/courses/4533/pages/postgraduate-lecture-timetable

Unit details and rules

Academic unit	Law
Credit points	6
Prerequisites ?	None
Corequisites ?	None
Prohibitions ?	None
Assumed knowledge ?	LAWS6252 or a law degree and LAWS6071 (MLLR students)
Available to study abroad and exchange students	No

Teaching staff

Coordinator	Belinda Smith, belinda.smith@sydney.edu.au
Lecturer(s)	Richard Johnstone, r.johnstone@sydney.edu.au
Lecturer(s)	Nigel Salmons, nigel.salmons@sydney.edu.au

Assessment

The census date for this unit availability is 4 April 2025

Details
Criteria

Type	Description	Weight	Due	Length
Assignment	Draft research question (0%) Draft research question	0%	Week 04 Due date: 17 Apr 2025 at 16:00 Closing date: 24 Apr 2025	150 words / 6 weeks
Outcomes assessed:
Short release assignment	Short-release assignment (50%) Written assignment	50%	Week 08 Due date: 13 May 2025 at 23:59 Closing date: 20 May 2025	4000 words / 72 hours
Outcomes assessed:
Assignment	Research essay (50%) Written essay	50%	Week 10 Due date: 28 May 2025 at 23:59 Closing date: 04 Jun 2025	4000 words / 6 weeks
Outcomes assessed:

Assessment summary

There are two assessment components, each worth 50%:

Short-release assignment (50%): Fifty per cent of the assessment for the unit will comprise an assignment of 4000 words including references 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. The assignment will be released at 9:00am (Sydney, Australia time) on Friday 9 May 2025 on the Canvas site and the assignment must be submitted through the Canvas site by 11:59pm (Sydney, Australia time) on Tuesday 13 May 2025.

Research essay (50%): Fifty per cent of the assessment for the unit will comprise a research essay of 4000 words excluding references 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. Draft research question (Non-graded) (0%): Each student must submit their final draft research question for approval to r.johnstone@sydney.edu.au by 4:00pm (Sydney, Australia time) on Thursday 17 April 2025 (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. 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 Thursday 6 March 2025. If you would like feedback on your draft research question you may consult Professor Johnstone before or after class on 28 or 29 March or 11 or 12 April 2025.

The final research essay must be submitted through the Canvas site by 11:59pm (Sydney, Australia time) on Wednesday 28 May 2025.

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 count for the research essay will exclude all footnotes and a bibliography (if required). The total word count for the short release assignment will include all footnotes (no bibliography is required).

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).

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 guide to grades.

Use of generative artificial intelligence (AI) and automated writing tools

Except for supervised exams or in-semester tests, you may use generative AI and automated writing tools in assessments unless expressly prohibited by your unit coordinator.

For exams and in-semester tests, the use of AI and automated writing tools is not allowed unless expressly permitted in the assessment instructions.

The icons in the assessment table above indicate whether AI is allowed – whether full AI, or only some AI (the latter is referred to as “AI restricted”). If no icon is shown, AI use is not permitted at all for the task. Refer to Canvas for full instructions on assessment tasks for this unit.

Your final submission must be your own, original work. You must acknowledge any use of automated writing tools or generative AI, and any material generated that you include in your final submission must be properly referenced. You may be required to submit generative AI inputs and outputs that you used during your assessment process, or drafts of your original work. Inappropriate use of generative AI is considered a breach of the Academic Integrity Policy and penalties may apply.

The Current Students website provides information on artificial intelligence in assessments. For help on how to correctly acknowledge the use of AI, please refer to the  AI in Education Canvas site.

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 24 hours or part thereof, after the due time on the due date. For example, a submission after the due time specified in the assessment summary but before the same time the following day will attract a 10% penalty. Penalties for late submission will be applied strictly, subject to a 5 minute grace period.

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.

Learning support

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 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. 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

Weekly schedule

WK	Topic	Learning activity
Week -02	Introduction class	Online class (1 hr)
Week 01	Introduction to work health and safety regulation	Seminar (6.5 hr)
Week 01	Work health and safety standard setting	Seminar (6.5 hr)
Week 03	Worker participation in work health and safety	Seminar (6 hr)
Week 03	State enforcement of work health and safety standards	Seminar (6 hr)

Attendance and class requirements

Attendance: All students are required to attend 70% of classes to satisfy the pass requirements for this unit. Failure to meet this requirement will result in an Absent Fail grade being recorded as the student’s result for this unit (see The University of Sydney Law School Resolutions: Coursework Awards cl 11).

Referencing: The Sydney Law School expects you to use the Australian Guide to Legal Citation (4th edition, 2018) for your footnoting style. 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

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.

Outcomes
Graduate qualities

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
Learning outcomes

Responding to student feedback

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.

Current students

Overview

Overview

Unit details and rules

Teaching staff

Assessment

Assessment

Assessment summary

Assessment criteria

Use of generative artificial intelligence (AI) and automated writing tools

Late submission

Academic integrity

Learning support

Learning support

Simple extensions

Special consideration

Using AI responsibly

Support for students

Weekly schedule

Weekly schedule

Attendance and class requirements

Study commitment

Required readings

Learning outcomes

Learning outcomes

Graduate qualities

Outcome map

Responding to student feedback

Responding to student feedback

Disclaimer

On this page

Useful links

LAWS6096: Work Health and Safety: Law and Policy

Intensive March - April, 2025 [Block mode] - Camperdown/Darlington, Sydney

Overview

Overview

Unit details and rules

Teaching staff

Assessment

Assessment

Assessment summary

Assessment criteria

Use of generative artificial intelligence (AI) and automated writing tools

Late submission

Academic integrity

Learning support

Learning support

Simple extensions

Special consideration

Using AI responsibly

Support for students

Weekly schedule

Weekly schedule

Attendance and class requirements

Study commitment

Required readings

Learning outcomes

Learning outcomes

Graduate qualities

Outcome map

Responding to student feedback

Responding to student feedback

Disclaimer

On this page

Useful links