News

Changes to Health and Safety Legislation Prohibiting Protection of Penalties

NSW passed legislation in June 2020

On 10 June 2020, the Work Health and Safety Act 2011 (NSW) was amended to prohibit all insurance and indemnity arrangements covering payment of penalties for health and safety offences under the NSW Act. The legislation is broadly drafted and includes insurance, corporate indemnities and discretionary arrangements such as Employsure Protect.

To comply with the new legislation, Employsure Mutual updated the Employsure Protect Product Disclosure Statement to include protection of penalties only where permitted by law. A copy of the new PDS and a summary of changes was distributed to all impacted members with health and safety protection.

What this means for you

For any alleged breach of the Work Health and Safety Act 2011 (NSW), subject to the terms of the Product Disclosure Statement, Employsure Protect provides protection for legal representation only. This legislation applies to any members with employees working in NSW.

Western Australia to follow suit in 2021

In October 2020, the Western Australian Legislative Council passed the Work Health and Safety Bill with similar provisions to prohibit all insurance and indemnity arrangements covering penalties for health and safety offences under the Work Health and Safety Act (WA).

The new provisions of the WA Act will not be operational until the supporting regulations are completed, which is expected to take place next year, in 2021. The Act will also include an industrial manslaughter provision that will carry a maximum penalty of 20 years imprisonment for an individual and a maximum $10 million fine for a body corporate.

The changes will see Western Australia join NSW in increasing workplace penalties and prohibiting protection of those penalties.

We may see other States follow in the future.

What this means for you

Protection in WA is not impacted until such time as the WA Act comes into force in 2021. Once the new legislation is implemented, for any alleged breach of the WA Act, subject to the terms of the Product Disclosure Statement, Employsure Protect will provide protection for legal representation only. This will apply to members with employees working in WA.

Employsure Mutual Limited Annual General Meeting

On 30 July 2020, Employsure Mutual held its Annual General Meeting.
You can view the AGM here and view a copy of the presentation here.

Tips to Protect your Business

Remember: It is a condition of Employsure Protect that Employsure’s advice is sought and followed in relation to matters that have the potential to result in a claim. Claims arising where advice has not been sought and followed are excluded under Clauses 4 and 6 of Section 2 of the PDS.

Tips to Protect your Business

Remember: It is a condition of Employsure Protect that Employsure’s advice is sought and followed in relation to matters that have the potential to result in a claim. Claims arising where advice has not been sought and followed are excluded under Clauses 4 and 6 of Section 2 of the PDS.