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Beyond Fit to Drive: What the HVNL Amendment Really Means for Business

The latest Heavy Vehicle National Law amendment introduces a new unfit-to-drive duty, but the obligations set out in the Master Code extend well beyond the HVNL’s wording with serious practical and legal consequences. In this webinar Sue Bottrell and Sam Dekker will be joined by Denise Zumpe to examine the amendment through both a legal and practical lens. They will explore how the new duty interacts with privacy, employment law, workplace processes and existing fitness-for-work frameworks, including areas where the terminology and expectations do not neatly align. The session will also consider several less-publicised changes, including alternative verdicts, the changing status of improvement notices and their relationship with prosecutions. Recent cases involving driver fitness will be used to test how these issues may play out in practice. This is not a high-level overview of the amendments. It is a closer examination of the technical issues, legal intersections and practical questions that businesses will need to work through.

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Officers Due Diligence and Contractors – Nervous?

The NZ Port of Auckland decision is getting a lot of attention — but are officers drawing the right lessons from it? POAL was decided in the context of an officer of a PCBU exercising due diligence in respect of that PCBU’s own business or undertaking (B&U) and duties owed to its workers. Following that decision, officers may instinctively direct their business to take greater control over contractors and their safety arrangements, believing they have a duty to do so and that this will ensure legal compliance. But is this the best course of action — or can it lead to greater exposure and liability? Applying the principles set out in the POAL matter to the B&U of another PCBU —for example, the B&U of contractors you hire —is a critical mistake— and one that undermines the best safety outcomes and unnecessarily exposes officers to greater legal risk. It may seem straightforward, but we have seen many instances in which the exercise of due diligence extends beyond the boundaries of the PCBU whose B&U is the focus. The questions are: What are officers’ obligations in respect of contractor safety management? How far do they extend? And what should officers actually be doing in this space? Join Sam Dekker (Best Lawyers — One to Watch, Mills Oakley) and me as we unpack officer due diligence in a contractor-safety context — what it requires, what it doesn’t require, and where the boundaries lie.

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Safework NSW v Boral – Damned if you do

The recent decision in SafeWork NSW v Boral Cement Limited (No. 2) throws up so many issues concerning WHS duties of those who hire contractors, not the least of which is the confusion that is rife over principal contractor duties under WHS construction regulations and when they apply vs duties of those who use contractors in non-construction contexts . Spoiler alert! There are some “interesting” judicial comments and bizarre arguments from the regulator! Join Sam Dekker (the 2027 Best Lawyers: Ones to Watch for Occupational Health and Safety Law) as we pick our way through this mammoth decision and its implications.

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Going Out With a Bang!

Yep 2025 is nearly over! In keeping with our practice of putting regulators and judicial decisions under the microscope, Sam Dekker (one of the brightest minds in contractor safety law) and I will be reviewing some of the tastiest contractor safety management cases handed down in 2024/2025. In our last webinar, we will unpack some questionable applications of the law, the current regulatory landscape unfairly (in our opinion) targeting the construction industry, and agreement to enforceable undertakings that may have created some confusion in the understanding of WHS duties in contractor safety management and of course how this all applies to work on the ground. Think Menai, Kellogg, Diona, Mennan, Tattam, Bellabrae, Bermagui. Disclaimer The purchaser is licensed to view or use the information for its intended purpose. It may not be transferred or viewed by those other than the purchaser, except by agreement with ContractorSAFE. The material may not be copied or distributed and is subject to copyright. Any breach of these terms may result in the license being revoked. All products may be downloaded by the purchaser a maximum of twice and time restrictions to view and use may apply.

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The Golden Thread

In this webinar, Alan Tait from Taits Consulting, a leading mining safety consultant, and I will outline a clear pathway to critical risk management in contractor safety management- The Golden Thread. We will look at how this approach aligns with regulatory obligations in mining regulations and general WHS regulations, and how to use the Golden Thread to ensure the safety of both your contractors and your workers from catastrophic injury and legal liability. Disclaimer The purchaser is licensed to view or use the information for its intended purpose. It may not be transferred or viewed by those other than the purchaser, except by agreement with ContractorSAFE. The material may not be copied or distributed and is subject to copyright. Any breach of these terms may result in the license being revoked. All products may be downloaded by the purchaser a maximum of twice and time restrictions to view and use may apply.

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Leichardt and Bellabrae – Duties of a PC….Really?

Recent court decisions in NSW Leichhardt and Bellabrae have raised new questions about what it truly means to be a Principal Contractor under WHS laws. These rulings point to a broader scope of responsibilities, yet the exact limits remain unclear. This raises a key question: Are these interpretations placing too much pressure on duty holders, or are they simply correct at law? For SMEs, challenging such interpretations can be costly and complex, leaving uncertainty in place. View our webinar as we unpack these decisions and their impact on Principal Contractor duties in today’s regulatory environment. I’ll be joined by Sam Dekker from Mills Oakley, whose extensive WHS expertise built over years alongside Harold Downs offers invaluable insight. This is a must view for anyone navigating these evolving legal landscapes. Disclaimer The purchaser is licensed to view or use the information for its intended purpose. It may not be transferred or viewed by those other than the purchaser, except by agreement with ContractorSAFE. The material may not be copied or distributed and is subject to copyright. Any breach of these terms may result in the license being revoked. All products may be downloaded by the purchaser a maximum of twice and time restrictions to view and use may apply.

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